When can a right to strike be restricted?
The right to strike may only be restricted by law and if these restrictions are necessary in a democratic society.
According to Estonian law, strikes are prohibited in:
- governmental authorities and other state bodies
- local governments
- courts
- Defence League
- rescue service agencies
The prohibition does not apply for persons who are employed under an employment contract in bodies that are not dealing with national defence or rescue services. In organisations which satisfy the primary needs of the population and economy, the body which calls a strike must ensure the maintaining of indispensable services or production.
In addition, strikes are unlawful if they are:
- for the purpose of affecting the activities of courts
- not preceded by negotiations and conciliation proceedings
- organised in violation of the procedure established by the Collective Labour Dispute Resolution Act
A decision to declare a strike unlawful is made by the court. The court communicates its decision to the parties and through the media to the public.
Any demonstrations in relation to a strike must be organised according to national law and following the relevant rules and restrictions.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful strike, or otherwise sanctioned for organising or participating in a strike, your right to peaceful assembly or freedom of expression may have been violated.
Any restriction on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If it fails to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.