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Recourse to a labour dispute committee

A labour dispute committee is an extrajudicial authority which adjudicates disputes arising from employment relationships, i.e. the relationships between employees and employers, impartially, efficiently, purposefully and fairly. If disagreements have arisen between the parties to an employment relationship, which the parties cannot solve independently, they may have recourse to a labour dispute committee for a resolution of the conflict. The labour dispute committee helps reconcile the parties through conciliation proceedings, helps the parties to the dispute find a compromise and helps conclude a settlement agreement.
The labour dispute committee resolves individual and collective labour disputes.

Individual labour dispute

  • A labour dispute which has arisen between an employee and an employer registered in Estonia due to an employment relationship and preparation for an employment relationship.
  • A labour dispute which has arisen between an employee and an employer acting through its Estonian branch due to an employment relationship and preparation for an employment relationship.
  • A labour dispute which has arisen between an employee and an employer registered as a non-resident employer in Estonia due to an employment relationship and preparation for an employment relationship.
  • A labour dispute which has arisen between an employee posted in Estonia and their employer in the meaning of Section 7 of the Working Conditions of Employees Posted to Estonia Act.

Collective labour dispute

  • A collective labour dispute is a conflict which has arisen from the performance of a collective agreement.

Labour dispute committees do not resolve a dispute over compensation for damage caused by damage to health, a bodily injury or death due to an occupational accident or occupational disease. Such disputes must be resolved at a county court.

Labour dispute committee do not resolve disputes caused by other contracts (such as contracts under the law of obligations). Disputes caused by other than employment contracts must be resolved at a county court.

EXCEPTION. Recourse to a labour dispute committee is possible in the case of a contract under the law of obligations (such as an authorisation agreement or a contract for services) only if it is an employment contract in substance. In such instances, a petition can be filed with a labour dispute committee to establish the fact of an employment relationship and other claims arising from an employment contract (such as minimum wages, remuneration for overtime, etc.).

Petitions filed with a labour dispute committee are reviewed within 45 calendar days of receipt. For objective reasons, the term for reviewing a petition can be extended (for example, a request for extension of a time limit given to the parties or a request for the postponement of a session).

Last updated: 06.07.2022