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Vastus pöördumisele

Sotsiaalministeerium · 8. september 2022
Viit
1.4-2/2683-2
Registreeritud
8. september 2022
Dokumendi liik
Väljaminev kiri
Adressaat
The Ministry of Social Security and Labour of the Republic of Lithuania
Saabumis/saatmisviis
Outlook
Funktsioon
1.4 EL otsustusprotsess ja rahvusvaheline koostöö
Sari
1.4-2 Rahvusvahelise koostöö korraldamisega seotud kirjavahetus (Arhiiviväärtuslik)
Toimik
1.4-2/2022
Vastutaja
Sandra Kuus (Sotsiaalministeerium, Kantsleri vastutusvaldkond, Tööala asekantsleri vastutusvaldkond, Töösuhete ja töökeskkonna osakond)

Failid

  • 📎vastus pöördumisele.pdf681 KB

Sisu (failidest)

Ele Riipus Teema: FW: Regarding cooperation in the overview of positive motivations (motivational instruments) to promote implementation of OSH From: Sandra Kuus Sent: Thursday, September 8, 2022 4:52 PM To: '[email protected]' <[email protected]> Subject: Regarding cooperation in the overview of positive motivations (motivational instruments) to promote implementation of OSH Dear Mr Darius Čapas This letter is in response to the inquiry about positive motivations experiences and practices to promote implementation of OSH requirements. The list of positive motivations experiences and practices providing positive support for occupational safety and health compliance towards employers and employees in Estonia can be found below. Firstly, motivational instruments implemented by the Labour Inspectorate: 1. The legal advisors and work environment consultants of the Labour Inspectorate provide counselling services. The legal advisors give answers to questions concerning employment contracts, working and rest time, holidays, wages and other matters related to labour relations as well as collective labour relations. The work environment consultants answer questions about safety at work and healthy workplaces. The counselling service of the Labour Inspectorate is free of charge and can be reached by phone or e-mail. More information can be found here: https://www.ti.ee/en/prevention-and-information/communication- activities/free-counselling-service-labour-inspectorate 2. Estonian Labour Inspectorate has created a working environment consultant service to provide employers with more personal support and advice by going on site and giving advice on setting up a work environment management system. The consultant’s main task is to consult employers on occupational health and safety in the company. The consultants can give advice on the entire working environment and documentation or a specific area of the working environment (e.g. use of personal protective equipment). The consulting service is offered all over Estonia. The consulting service is free of charge. More information can be found here: https://www.ti.ee/en/prevention-and-information/communication- activities/free-working-environment-consultant-service 3. One of the functions of the Estonian Labour Inspectorate is to carry out monitoring, within the limits of the powers conferred on it by law, of employer’s compliance with obligations arising from legislation on occupational health, occupational safety, and employment relationships. The purpose of this supervision is to facilitate and proactively ensure the creation of a safe, secure, and healthy working environment. 4. Estonian Labour Inspectorate offers a free online risk assessment tool for employers to carry out risk assessments. The risk assessment tool displays hazards related to the employer’s field of activity and provides typical measures to mitigate these hazards. The main target group is small- and medium-sized enterprises for whom finding a risk assessment service provider may be a significant additional cost and complicated to do on their own. A member of the management board, a working environment specialist appointed by the employer, or another authorised person can use the tool to map the hazards present at the working environment and prepare an action plan for addressing the hazards – for mitigating, preventing and avoiding them. 5. Employers and employees can get information about occupational health and safety and labour relations from the Working Life Portal (here: https://tooelu.ee/en). The Working Life Portal is avalaible in three languages (Estonian, English, Russian), some topics are written also in Ukrainian (e.g. "Ukrainian war refugees and employment relations"). 1 6. Different brochures on employment contracts and occupational health and safety are also available in three languages, both on paper and online. They can be found here: https://www.ti.ee/ennetus-ja- teave/infomaterjalid/trukised 7. Each year, the Labour Inspectorate recognises enterprises that develop a good working environment (The Good Working Environment Award). The goal is to highlight enterprises that provide a healthy working environment and safe working conditions for the employees. In these enterprises, employers are aware of risks in the working environment, risk assessment is integrated into the work process and risks that affect the health of employees are constantly assessed and mitigated quickly and effectively. In order to promote a safety culture, the enterprise is asked to describe in the application a situation in which they have made the work process safer, introduced a change that protects the health of their employees or modified the system in a way that caused the working environment to improve. The awards are presented in two categories: enterprises with less than 50 employees and enterprises with more than 50 employees. The Good Working Environment Award is motivating for the employers as it raises the reputation of the employer in the eyes of other enterprises and potential new employees. More information can be found here: https://www.ti.ee/en/prevention-and-information/events- publications-and-campaigns/good-working-environment-award 8. Labor Inspectorate offers free consultations if changes or reorganisation of the enterprise take place (e.g. collective cancellation of the employment contract or transfer of enterprise and explains to the employees and the employer what they need to do and what rights and obligations they have. 9. Labour Inspectorate offers regularly free events and seminars on labour law and occupational health and safety topics (e.g. working environment specialist training). Secondly, motivational instruments in the legislation are the following: 1. According to the Employment Contract Act it is presumed that an employee’s annual holiday is 28 calendar days unless the employee and the employer have agreed upon a longer annual holiday or unless otherwise provided by law. Employees with partial or no work ability have the right to 35 calendar days of annual holiday. The state compensates the employer for 7 calendar days of holiday pay. This governmental initiative serves as an incentive for the employers who want to hire an employee with partial or no work ability and provides the help and support to do so. More information can be found here: https://www.sotsiaalkindlustusamet.ee/en/compensating-employers- holiday-pay-and-average-wage-state-budget 2. Expenses made for improving the employee’s health will not be taxed as a fringe benefit in the extent of 100 euros per employee per quarter if the employer has made this option available to all employees. Tax exempt health promotion expenses include:  participation fee in public sports events;  expenses directly related to regular use of sporting or mobility venues;  expenses made for maintenance of the employer’s existing sports facilities;  expenses made for the services of a rehabilitation therapist, physiotherapist, occupational therapist, clinical speech therapist or clinical psychologist entered in the state register of health care professionals or holding a corresponding professional certificate;  health insurance premiums of a sickness insurance contract. More information can be found here: https://www.emta.ee/en/node/168/chapter/252 3. In order to reduce the risk of people going to work when they are sick and thereby limit the spread of COVID-19, the procedure for compensating sick leaves was changed from 01.01.2021. The employer now pays compensation from the 2nd to the 5th day of illness. The state pays starting from the 6th day. Before 2021, the employer paid for the 4th to 8th day, the first 3 days were unpaid. Now only the 1st day of sick leave is unpaid. 4. According to the occupational health and safety act, an employer and an employee may agree upon a contractual penalty for the violation of occupational health and safety requirements. A contractual penalty agreement must determine the actions of the employee and employer that can be deemed as a violation of occupational health and safety requirements and that can result in a risk to the employee’s health. This article has been in force since 2019. This allows employees to demand contractual penalties from employers if they violate occupational health and safety requirements. 2 We would kindly ask for your feedback as well. Please provide information about the positive motivations experiences and practices managed to promote implementation of OSH requirements you have implemented at the moment and your country’s plans for the future based on the feedback you have received. Please reply to [email protected]. Best regards Sandra Kuus advisor 6269 251 | [email protected] Sotsiaalministeerium Suur-Ameerika 1 | 10122 Tallinn 626 9301 | http://www.sm.ee 3
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