The principle of equality of treatment prohibits any discrimination on the grounds of someone’s nationality, race, colour, religion, beliefs, age, disability and sexual orientation. In Estonia, the prohibition of discrimination at work is regulated by the Equal Treatment Act and the Gender Equality Act. The employer plays a key role in preventing discrimination and promoting diversity at work. The employer has a responsibility to ensure that employees can work in a working environment free from discrimination.
The employer as the promoter and implementer of the principle of equality of treatment:
- has to implement measures to prevent the discrimination of workers;
- notifies workers of rights and obligations laid down in the Equal Treatment Act.
The employer has the obligation to provide a written statement if employees find that they have been unequally treated on the basis of their gender in recruitment, promotion, entrusting an obligation, being selected for training.
For more information on the requirement of equal treatment of men and women, visit the Tööelu web portal.
Unequal treatment between part-time and full-time workers or between workers who have permanent and open-ended contracts is prohibited. Any employee who suspects he has been treated unequally can go to court or revert to the labour dispute committee or to the Commissioner for Gender Equality and Equal Treatment.
Equal pay for work of equal value
Men and women should receive equal pay for work of equal value. It is an obligation under the Equal Treatment Act.
If employees suspect that they have not received equal pay for work of equal value, they can demand that the employer provide them with an explanation of the basis of calculating the remuneration, and receive other useful information that can be used to decide whether discrimination has taken place.
For more information on the requirement of equal pay, visit the Tööelu web portal.
Where employees can turn for help
Anyone who suspects they have been discriminated against on the basis of gender, nationality, age, disability, race, sexual orientation, beliefs, religion or trade union membership may refer the matter to the Commissioner for Gender Equality and Equal Treatment to receive advice and an overview of the options available to them on how to defend their rights.
You can notify the office by email at [email protected] or by phone on 626 9059.
The Commissioner advises people and assists them in pursuing their complaints of discrimination. The Commissioner does not personally impose any penalties or determine any compensation. However, the Commissioner’s opinion can be used as a valid argument in court.
For more information, visit the website of the Commissioner for Gender Equality and Equal Treatment.
Settlement of disputes
Disputes relating to discrimination based on gender are resolved:
- in court (including redress for damage);
- through the labour dispute committee (including redress for damage);
- through the conciliation procedure of the Chancellor of Justice.
The rule of shared burden of proof applies both in court and before the labour dispute committee.
The injured party can seek redress for damage within one year of becoming aware of the infringement.