Country report, gender equality : how are EU rules transposed into national law? : Estonia 2019.
Date: 2020-01-24
Institutions: Directorate-General for Justice and Consumers
Subjects: Estonia, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Estonia 

2019 

EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.2 Gender Equality 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Estonia 

Anu Laas 

Reporting period 1 January 2018 – 31 December 2018 

2019 

  Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2020

© European Union, 2020

PDF 

 ISBN 978-92-76-01790-5 

ISSN 2600-0164 

doi:10.2838/66962 

DS-BD-19-008-EN-N 

Country report - Gender equality – Estonia - 2019 

CONTENTS 

1 

2 

3 

4 

5 

6 

7 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
1.1 
List of main legislation transposing and implementing the directives .......... 5 
1.2 
1.3 
Sources of law .................................................................................... 6 
General legal framework ............................................................................ 7 
Constitution ........................................................................................ 7 
2.1 
Equal treatment legislation ................................................................... 7 
2.2 
Implementation of central concepts ........................................................... 8 
General (legal) context......................................................................... 8 
3.1 
Sex/gender/transgender ...................................................................... 9 
3.2 
Direct sex discrimination .................................................................... 10 
3.3 
3.4 
Indirect sex discrimination .................................................................. 11 
3.5  Multiple discrimination and intersectional discrimination ......................... 12 
Positive action ................................................................................... 12 
3.6 
Harassment and sexual harassment ..................................................... 14 
3.7 
Instruction to discriminate .................................................................. 17 
3.8 
3.9 
Other forms of discrimination .............................................................. 17 
3.10  Evaluation of implementation .............................................................. 18 
3.11  Remaining issues ............................................................................... 18 
Equal pay and equal treatment at work (Article 157 of the Treaty of the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 19 
General (legal) context....................................................................... 19 
4.1 
Equal pay ......................................................................................... 21 
4.2 
Access to work, working conditions and dismissal .................................. 26 
4.3 
Evaluation of implementation .............................................................. 29 
4.4 
4.5 
Remaining issues ............................................................................... 29 
Pregnancy, maternity, and leave related to work-life balance for workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)
 ................................................................................................................. 30 
General (legal) context....................................................................... 30 
5.1 
Pregnancy and maternity protection .................................................... 31 
5.2 
5.3  Maternity leave ................................................................................. 33 
Adoption leave .................................................................................. 35 
5.4 
Parental leave ................................................................................... 36 
5.5 
Paternity leave .................................................................................. 40 
5.6 
Time off/care leave ............................................................................ 40 
5.7 
Leave in relation to surrogacy ............................................................. 40 
5.8 
5.9 
Flexible working time arrangements..................................................... 40 
5.10  Evaluation of implementation .............................................................. 41 
5.11  Remaining issues ............................................................................... 42 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 43 
General (legal) context....................................................................... 43 
6.1 
Direct and indirect discrimination ........................................................ 44 
6.2 
6.3 
Personal scope .................................................................................. 44 
6.4  Material scope ................................................................................... 44 
Exclusions ........................................................................................ 45 
6.5 
6.6 
Laws and case law falling under the examples of sex discrimination 
mentioned in Article 9 of Directive 2006/54 .......................................... 45 
Actuarial factors ................................................................................ 45 
6.7 
Difficulties ........................................................................................ 45 
6.8 
6.9 
Evaluation of implementation .............................................................. 46 
6.10  Remaining issues ............................................................................... 46 
Statutory schemes of social security (Directive 79/7) ............................. 47 
General (legal) context....................................................................... 47 
7.1 

3 

 
 
8 

9 

7.2 

Implementation of the principle of equal treatment for men and women in 
matters of social security .................................................................... 48 
7.3 
Personal scope .................................................................................. 48 
7.4  Material scope ................................................................................... 49 
Exclusions ........................................................................................ 49 
7.5 
Actuarial factors ................................................................................ 49 
7.6 
Difficulties ........................................................................................ 49 
7.7 
Evaluation of implementation .............................................................. 50 
7.8 
Remaining issues ............................................................................... 50 
7.9 
Self-employed workers (Directive 2010/41/EU and some relevant 
provisions of the Recast Directive) ........................................................... 51 
General (legal) context....................................................................... 51 
8.1 
Implementation of Directive 2010/41/EU .............................................. 52 
8.2 
8.3 
Personal scope .................................................................................. 52 
8.4  Material scope ................................................................................... 53 
Positive action ................................................................................... 53 
8.5 
8.6 
Social protection ............................................................................... 53 
8.7  Maternity benefits.............................................................................. 54 
Occupational social security ................................................................ 54 
8.8 
8.9 
Prohibition of discrimination ................................................................ 55 
8.10  Evaluation of implementation .............................................................. 55 
8.11  Remaining issues ............................................................................... 55 
Goods and services (Directive 2004/113) ................................................ 56 
General (legal) context....................................................................... 56 
9.1 
9.2 
Prohibition of direct and indirect discrimination ..................................... 56 
9.3  Material scope ................................................................................... 56 
Exceptions ........................................................................................ 57 
9.4 
Justification of differences in treatment ................................................ 57 
9.5 
Actuarial factors ................................................................................ 57 
9.6 
Interpretation of exception contained in Article 5(2) of Directive 2004/113 57 
9.7 
Positive action measures (Article 6 of Directive 2004/113) ...................... 57 
9.8 
9.9 
Specific problems related to pregnancy, maternity or parenthood ............ 57 
9.10  Evaluation of implementation .............................................................. 58 
9.11  Remaining issues ............................................................................... 58 

10  Violence against women and domestic violence in relation to the Istanbul 

Convention ............................................................................................... 59 
10.1  General (legal) context....................................................................... 59 
10.2  Ratification of the Istanbul Convention ................................................. 61 

11  Compliance and enforcement aspects (horizontal provisions of all 

directives) ................................................................................................ 62 
11.1  General (legal) context....................................................................... 62 
11.2  Victimisation ..................................................................................... 62 
11.3  Access to courts ................................................................................ 63 
11.4  Horizontal effect of the applicable law .................................................. 64 
11.5  Burden of proof ................................................................................. 65 
11.6  Remedies and sanctions ..................................................................... 65 
11.7  Equality body .................................................................................... 67 
11.8  Social partners .................................................................................. 68 
11.9  Other relevant bodies......................................................................... 68 
11.10  Evaluation of implementation .............................................................. 69 
11.11  Remaining issues ............................................................................... 70 
12  Overall assessment .................................................................................. 71 
Bibliography ..................................................................................................... 72 

4 

 
1 

Introduction 

1.1  Basic structure of the national legal system 

Estonia  belongs  to  the  Continental  European  legal  system,  and  is  basically  divided  into 
private  and  public  law.  The  Parliament  (Riigikogu)  is  the  highest  legislative  body  and 
consists of 101 members elected for a term of four years. In 2018, the Centre Party, Social 
Democrats and conservative Pro Patria Party formed a coalition Government. 

Ministries  make  legislative  proposals,  draft  laws  and  hold  consultations,  i.e.  they  ask 
concerned interest groups and public representatives for their opinions and proposals.1 A 
regulatory  impact  analysis  and  assessment  is  performed,  and  any  draft  law  proposal  is 
presented to all ministries and social partners before a draft law is produced. It is mainly 
the Ministry of Social Affairs that drafts equality legislation.  

The  Government  Office  of  Estonia  and  its  European  Union  secretariat  is  the  central 
coordination unit of Estonia’s European Union policy.  

The Gender Equality and Equal Treatment Commissioner is an independent and impartial 
gender  equality  body  that  monitors  compliance  with  the  requirements  of  the  Gender 
Equality  Act  (GEA)  and  the  Equal  Treatment  Act  (ETA).  The  Commissioner  gives  advice 
and can issue non-binding written opinions. 

1.2  List of main legislation transposing and implementing the directives 

• 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 

Civil Service Act (CSA, Avaliku teenistuse seadus);2 
Equal Treatment Act (ETA, Võrdse kohtlemise seadus);3 
Employment Contracts Act (ECA, Töölepingu seadus);4  
Family Benefits Act (FBA, Perehüvitiste seadus);5  
Gender Equality Act (GEA, Soolise võrdõiguslikkuse seadus);6 
Health Insurance Act (HIA, Ravikindlustuse seadus);7 
Insurance Activities Act (IAA, Kindlustustegevuse seadus);8 
Law of Obligations Act (LOA, Võlaõigusseadus);9 
Occupational Health and Safety Act (OHSA, Töötervishoiu ja tööohutuse seadus);10 
Penal Code (PC, Karistusseadustik);11 
Registered Partnership Act (RPA, Kooseluseadus);12  
Social Welfare Act (SWA, Sotsiaalhoolekande seadus);13 
State Pension Insurance Act (SPIA, Riikliku pensionikindlustuse seadus);14 
The Constitution of the Republic of Estonia (Eesti Vabariigi põhiseadus);15 
The Regulation of the Government of the Republic of 10 June 2010, No. 71 (The 
Statute of the Gender Equality and Equal Treatment Commissioner and the 
Chancellery);16  

1   Good Practice of Engagement, https://www.riigikantselei.ee/en/good-practice-engagement. 
2   RT I, 13.03.2019, 37, https://www.riigiteataja.ee/en/eli/525032019003/consolide. 
3   RT I, 26.04.2017, 9, https://www.riigiteataja.ee/en/eli/503052017002/consolide.  
4   RT I, 13.03.2019, 173, https://www.riigiteataja.ee/en/eli/520032019008/consolide. 
5   RT I, 26.10.2018, 3, https://www.riigiteataja.ee/en/eli/521012019006/consolide. 
6   RT I, 10.01.2019, 19, https://www.riigiteataja.ee/en/eli/516012019002/consolide. 
7   RT I, 13.03.2019, 135, https://www.riigiteataja.ee/en/eli/522032019008/consolide.  
8   RT I, 13.03.2019, 86, https://www.riigiteataja.ee/en/eli/526032019002/consolide. 
9   RT I, 20.02.2019, 8, https://www.riigiteataja.ee/en/eli/507032019001/consolide.  
10   RT I, 13.03.2019, 177, https://www.riigiteataja.ee/en/eli/520032019007/consolide.  
11   RT I, 13.03.2019, 77, https://www.riigiteataja.ee/en/eli/501042019020/consolide.  
12   RT I, 16.10.2014, 1, https://www.riigiteataja.ee/en/eli/527112014001/consolide. 
13   RT I, 13.03.2019, 155, https://www.riigiteataja.ee/en/eli/522032019017/consolide.  
14   RT I, 03.01.2019, 2, https://www.riigiteataja.ee/en/eli/504022019001/consolide.  
15   RT I, 15.05.2015, 2, https://www.riigiteataja.ee/en/eli/521052015001/consolide. 
16   Estonia, Vabariigi Valitsuse määrus nr. 71, 10.06.2010 ‘Soolise võrdõiguslikkuse ja võrdse kohtlemise 

voliniku ning kantselei põhimäärus’, RT I 2010, 33, 170 (in Estonian). 

5 

 
 
 
 
 
 
 
                                                   
 
• 
• 

Unemployment Insurance Act (UIA, Töötuskindlustuse seadus);17 
Victim Support Act (Ohvriabi seadus).18 

1.3  Sources of law 

Sources  of  law  are  the  Constitution,  European  Union  law,  international  agreements, 
national acts and regulations. The President has the power of veto as well as the power to 
propose  amendments  to  the  Constitution.  Case  law  of  the  Supreme  Court  is  decisive 
regarding the interpretation of law and addressing legal gaps.  

17   RT I, 13.03.2019, 181, https://www.riigiteataja.ee/en/eli/522032019014/consolide.  
18   RT I, 04.01.2019, 16, https://www.riigiteataja.ee/en/eli/504022019007/consolide.  

6 

 
 
 
 
 
 
                                                   
2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

The  Constitution  of  the  Republic  of  Estonia  prohibits  discrimination  and  incitement  to 
discrimination.  Article  12  of  the  Constitution  sets  forth  the  general  principle  of  equality 
and non-discrimination: 

‘Everyone is equal before the law. No one may be discriminated against on the basis 
of nationality, race, colour, sex, language, origin, religion, political or other views, 
property or social status, or on other grounds. Incitement to ethnic, racial, religious 
or  political  hatred,  violence  or  discrimination  is  prohibited  and  punishable  by  law. 
Incitement to hatred and violence between social classes or to discrimination against 
a social class is also prohibited and punishable by law.’ 

The  Constitution prohibits discrimination on  several grounds  and  leaves  the  list  open-
ended. 

2.1.2  Other constitutional protection of equality between men and women 

Article 27 of the Constitution stipulates equal rights of spouses. The provision emphasises 
the equality of wife and husband19 and highlights their rights and duties to raise and care 
for  their  children.  Case  law  has  specified  that  the  protection  of  family  life  means  that 
cohabiting women and men have the same parental rights and duties as married couples.20  

2.2  Equal treatment legislation 

Estonia has two main legal texts on equal treatment. The Gender Equality Act (GEA) was 
adopted in 2004 and several amendments were made in 2009. Article 1(2)(1) of the GEA 
prohibits discrimination on the grounds of sex in the private and public sectors. The GEA 
prohibits discrimination in all areas of social life. 

The Equal Treatment Act (ETA) entered into force on 1 January 2009.  The ETA prohibits 
discrimination on the grounds  of nationality (ethnic origin), race or  colour in relation to 
education  and  access  to  vocational  guidance,  vocational  training,  advanced  vocational 
training  and  retraining,  including  practical  work  experience.  The  ETA  also  establishes 
prohibition of discrimination on the grounds of religion or other beliefs, age, disability or 
sexual  orientation  in  relation  to  access  to  vocational  guidance,  vocational  training, 
advanced vocational training and retraining, including access to practical work experience.  

Articles pertaining to equal treatment exist in the Civil Service Act, Employment Contracts 
Act, and Penal Code. Employees are protected against discrimination on the grounds of 
sex,  racial  origin,  age,  ethnic  origin,  level  of  language  proficiency,  disability,  sexual 
orientation,  duty  to  serve  in  the  armed  forces,  marital  or  family  status,  family-related 
duties,  social  status,  representation  of  the  interests  of  employees  or  membership  in 
workers’ associations, political opinions or membership in a political party, and religious 
or other beliefs.  

19   In Estonian: ‘Abikaasad on võrdõiguslikud’. 
20   Supreme Court of Estonia, Judgment of the Administrative Law Chamber, No. 3-3-1-16-00 of 19 June 

2000. 

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3 

Implementation of central concepts 

3.1  General (legal) context 

3.1.1  Surveys on the definition, implementation and limits of central concepts of gender 

equality law 

Gender equality is poorly studied and legal studies on gender equality are  rare. Gender 
studies are not integrated into a basic curriculum. The Ministry of Social Affairs carries out 
gender equality monitoring every three years. The most recent monitoring was carried out 
in 2016.21  

In 2015, a study on the implementation of the Gender Equality Act was produced, which 
proposed  indicators  for  impact  assessment  of  the  equality  law.22  The  study  covered 
employers’ awareness of, attitudes towards and practices when implementing the Gender 
Equality  Act.  The  general  conclusion  of  the  study  is  that  the  awareness  of  the  Gender 
Equality Act among Estonian employers is low. Only 4 % of employers claimed that they 
were well aware of this law. Most respondents (46 %) had heard about the Gender Equality 
Act, but did not know the contents of the law. In approximately half the situations in which 
discrimination  in  the  workplace  was  described,  employers  were  unaware  whether  such 
situations were in accordance with the law. The study shows that employers do not fully 
understand  the  aim  of  gender  equality  and  therefore  they  do  not  see  any  reason  to 
promote or care about gender equality.  

3.1.2  Other issues 

There are no other relevant issues. 

3.1.3  General overview of national acts 

Equality legislation has not been amended for a decade. Amendments to the Penal Code 
and  the  Victim  Support  Act  were  made  due  to  the  ratification  process  of  the  Istanbul 
Convention (IC). The IC entered into force on 1 February 2018. 

3.1.4  Political and societal debate and pending legislative proposals 

The high and persistent gender pay gap has been a serious issue in political and societal 
debate.  

The Equal Treatment Act (ETA) divides the protected areas depending on the  ground of 
discrimination.  The  ETA  covers  discrimination  based  on  religion  or  belief,  age,  disability 
and  sexual  orientation  only  in  the  area  of  employment  (as  required  by  Directive 
2000/78/EC), while, in addition, discrimination based on racial or ethnic origin and colour 
is  covered  in  the  area  of  services  and  social  protection  (as  required  by  Directive 
2000/43/EC). The draft of amended Article 2 of the ETA (196 SE) entered parliamentary 
proceedings in 2016; the aim of the bill was to eliminate the unequal treatment of social 
groups, and to ensure uniform protection against discrimination for all people.23 In order 
to achieve this, a new wording of Article 2(1) and Article 2(2) was necessary. However, 

21   Ministry of Social Affairs (2016) Soolise võrdõiguslikkuse monitooring 2016 (Gender Equality Monitoring 

2016), http://sm.ee/sites/default/files/content-
editors/Ministeeriumkontaktid/Uuringujaanaluusid/Sotsiaalvaldkond/soolisevordoiguslikkusemonitooringura
port2016.pdf. 

22   Turk, P., Anniste, K., Masso, M., Karu, M., Kriger, T. (2015) Uuring Soolise võrdõiguslikkuse seaduse 

rakendamisest ja indikaatorite väljatöötamine seaduse mõjude hindamiseks (Study on Implementation of 
the Gender Equality Act and Proposed Indicators for Impact Assessment), Tallinn: Poliitikauuringute Keskus 
Praxis, https://www.sm.ee/sites/default/files/content-
editors/Ministeeriumkontaktid/Uuringujaanaluusid/Sotsiaalvaldkond/uuringuaruanne.pdf. 

23   https://www.riigikogu.ee/en/sitting-reviews/equal-treatment-bill-passed-first-reading/. 

8 

 
 
 
 
 
 
 
 
 
 
 
                                                   
the Bill on Amendments to the Equal Treatment Act was not sent for further readings in 
2016-2019 and was finally rejected on 21 February 2019 by the Government Office. There 
was no wider societal debate on the issue.  

3.2  Sex/gender/transgender 

3.2.1  Definition of ‘gender’ and ‘sex’ 

In  Estonian,  only  ‘sugu’  is  used;  there  is  no  distinction  between  the  words  ‘sex’  and 
‘gender’.24 

3.2.2  Protection of transgender, intersex and non-binary persons 

Sexual identity is not on the list of protected grounds. Sexual orientation is mentioned in 
the GEA and the ETA. 

In Estonia, transsexuals are discriminated against in several areas of life, including facing 
unequal  treatment  by  the  Health  Insurance  Fund,  harassment  at  work  and  additional 
questions  about  appearance  in  recruitment  process.  A  transsexual  person’s  marriage  is 
void after gender reassignment.  

Transsexuals  are  seen  as  a  medical  problem  in  Estonian  law.25  The  Regulation  of  the 
Minister of Social Affairs of 1999 on medical requirements for gender assignment is still in 
force.  A  medical  doctor,  Maie  Väli,  has  written  about  gender  reassignment  problems  in 
Estonia, pointing out that many transsexuals only go through hormone therapy and do not 
move on to gender reassignment.26  

Gender  reassignment  is  not  defined  in  Estonian  legislation.  There  is  a  need  to  draft  a 
comprehensive  legal  framework  regarding  gender  reassignment  and  related  services. 
Intersex and non-binary persons are ignored by Estonian legal texts and debates. Estonia 
ranks 21st in Europe (out of 49 countries) in its treatment of LGBTI+ minorities, according 
to the Rainbow Europe ranking; its position is unchanged from last year.27 

The  Supreme  Court  of  Estonia  ruled  that  the  Family  Law  Act  does  not  prohibit  the 
recognition of same-sex marriages registered in other countries.28 The decision involved 
an  Estonian-US  lesbian  couple  initially  forced  to  leave  Estonia  after  the  authorities  had 
refused to provide one  of the partners with a residence permit.  The Administrative Law 
Chamber of the Supreme Court emphasised that the Constitution does not provide for the 
right of same-sex persons to enter into marriage in Estonia. However, the protection of 
family life, as well as the ban on discrimination laid down in the Constitution, does apply 
to same-sex couples. The text of the Constitution does not make the issue of the protection 
of family life from state intervention dependent upon the gender or the sexual orientation 
of the family members. Furthermore, cohabitation by same-sex persons is not banned or 
punishable under Estonian law. 

24   It is important to understand what is meant when ‘sugu’ is used in a text. However, a translation of 
‘gender’ could be ‘sotsiaalne sugu’ (sugupool), whereas sex would be ‘bioloogiline sugu’. Taking into 
account the context, different words are used in translation, such as ‘seksuaalne’ or ‘sooline’. 

25   Estonia, Sotsiaalministri määrus nr. 32, 07.05.1999 ‘Soovahetuse arstlike toimingute ühtsed nõuded’ 
(Regulation of the Minister of Social Affairs No. 32 of 7 May 1999 ‘Common Requirements for Medical 
Operations for gender reassignment’), https://www.riigiteataja.ee/en/eli/509072019001/consolide.  
26   Väli, M. (2015) ‘Transseksualism – kui loodus eksib’ (Transsexualism – if nature is mistaken) Tervis 
Postimees, 5 April 2015, http://tervis.postimees.ee/3144087/transseksualism-kui-loodus-eksib. 

27   https://www.rainbow-europe.org/country-ranking. 
28   Supreme Court of Estonia, Judgment of the Administrative Law Chamber, No. 3-3-1-19-17 of 27 June 

2017. 

9 

 
 
 
 
 
 
 
 
 
 
 
                                                   
 
3.2.3  Specific requirements 

Estonian  law  allows  people  to  change  their  forename  and  other  aspects  of  civil  status. 
Article 7(3)(2) of the Names Act stipulates that a name should correspond to the gender 
of the person in question. Any changes to first names and ID data are strictly regulated, 
but it is a time-consuming process. In Estonia, it is possible to obtain a new identity after 
a  lengthy  medical  examination  process.  There  is  no  need  to  have  a  certificate  of  sex 
reassignment surgery. Since May 2015 it has been possible to obtain education certificates 
with a new name and personal identity code.29  

Gender-reassigned persons are discriminated against in the access to health insurance to 
cover  necessary  treatments,  even  when  they  have  paid  health  insurance  tax. 
Reassignment treatment for transgender persons is offered in Estonia, but the issue relates 
to  coverage.  Hormonal  treatment  is  only  partly  (50 %)  paid  by  the  Estonian  Health 
Insurance Fund. The Fund declares that the costs of health services required by a person 
in  the  event  of  illness  are  covered.  People  who  want  to  have  their  sex  changed  must 
undergo medical examinations and procedures. Opinion No. 43 of 18 January 2016 of the 
Gender Equality and Equal Treatment Commissioner pointed out that the Health Insurance 
Fund discriminates against transgender persons regarding treatment.  

The Registered Partnership Act (RPA), which is gender neutral, was adopted on 9 October 
2014 and entered into effect on 1 January 2016. The RPA is a step closer towards a more 
tolerant  and  socially  inclusive  society.  Unfortunately  the  RPA  has  not  been  fully 
implemented: several regulations to achieve effective implementation were  expected to 
be passed, but the Parliament rejected the bills in 2015 and there has been no positive 
development on this in 2016-2018.  

3.3  Direct sex discrimination 

3.3.1  Explicit prohibition  

Direct  sex  discrimination  is  explicitly  prohibited  in  Estonia.  Article  5(1)  of  the  GEA 
stipulates that direct and indirect discrimination based on sex, including giving orders to 
discriminate,  is  prohibited.  Article  1(2)(2)  of  the  GEA  prohibits  discrimination  on  the 
grounds of sex in the private and public sectors. Sex discrimination includes harassment 
and sexual harassment.  

Direct  discrimination  based  on  sex  is  defined  in  Article  3(3)  of  the  GEA.  Direct 
discrimination based on sex occurs where one person is treated less favourably on grounds 
of  sex  than  another  is,  has  been  or  would  be  treated  in  a  comparable  situation.  Direct 
discrimination  based  on  sex  also  means  less  favourable  treatment  of  a  person  in 
connection with pregnancy and childbirth, parenting, performance of family obligations or 
other  circumstances related to gender, as well as gender-based harassment and sexual 
harassment  and  less  favourable  treatment  of  a  person  due  to  their  rejection  of  or 
submission to harassment.  

The  prohibition  of  discrimination  is  also  set  out  in  the  Constitution,  the  Employment 
Contracts Act, the Public Service Act and the Penal Code. 

3.3.2  Prohibition of pregnancy and maternity discrimination 

According to Article 3(1)(3) of the Gender Equality Act, direct discrimination based on sex 
includes also any ‘less favourable treatment of a person in connection with pregnancy and 
childbirth, parenting, performance of family obligations or other circumstances related to 
gender.’  A  pregnant  employee  has  legal  protection  not  only  in  the  employment 

29   The first number of the ID code refers to a person’s sex. For more information, see: 
https://www.workinestonia.com/coming-to-estonia/personal-id-code/?lang=et. 

10 

 
 
 
 
 
 
 
 
 
 
                                                   
relationship, but also in the recruitment processes. Pregnant job applicants must not be 
discriminated against. 

3.3.3  Specific difficulties 

The  awareness  of  officials  and  employers  about  direct  sex  discrimination  is  increasing 
every  year  due  to  publications,  training  and  the  media.  However,  awareness  of  gender 
equality and human rights is neither widespread nor adequate.  

The  labour  dispute  committees  of  the  Labour  Inspectorate  have  solved  several  cases 
regarding  the  unlawful  dismissal  of  pregnant  employees,  e.g.  during  the  probationary 
(trial) period. Probationary periods are common and can last for four months. 

A case from the Tartu County Court dealt with the dismissal of a pregnant employee during 
the  probation  period.30  The  employer  argued  that  the  employee’s  appearance  was  not 
correct enough for their position in the service provider. The labour dispute committee had 
ruled  that  the  employer  must  pay  six  months  of  the  average  wage  and  EUR  1  000  for 
moral damage. The employer filed a court case and the county court found them liable for 
compensation amounting to three months’ salary, with no compensation for moral damage 
for the dismissed employee. The court proceedings lasted two years. 

3.4  Indirect sex discrimination 

3.4.1  Explicit prohibition 

Article 5(1) of the GEA prohibits direct and indirect discrimination based on sex, including 
giving orders to discriminate. 

Article 3(1)(4) of the GEA defines the concept of indirect discrimination based on sex as 
an apparently neutral provision, criterion, practice or activity that would  put persons  of 
one sex at a particular disadvantage compared with persons of the other sex, unless that 
provision, criterion, practice or activity is objectively justified by a legitimate aim, and the 
means of achieving that aim are appropriate and necessary.  

There has been no relevant case law providing an interpretation of indirect discrimination 
in 2018, except for the disputes at the Labour Inspectorate.  

Claims to the Gender Equality and Equal Treatment Commissioner are personal regarding 
unfair situations or violations of rights, where  claimants  suspect that discrimination has 
occurred. There have been no complaints regarding regulations and orders. 

In 2019, the Gavriloski report found a lack of clarity or lack of understanding of the concept 
of indirect discrimination by national courts. Furthermore, while some states participating 
in  the  study  (Estonia,  Slovenia  and  Finland)  lacked  case  law  interpreting  indirect 
discrimination.31  

3.4.2  Statistical evidence 

Statistical  evidence  is  difficult  to  find  due  to  poor  sex  disaggregated  data.  There  is  no 
institution responsible for collecting such data. 

30   Tartu County Court, Judgment No. 2-14-57370 of 15 March 2016. 
31   Gavriloski, Z. (2019) Note on the Anti-Discrimination Legislation and Good Practices in the OSCE Region, 

Opinion-Nr.: NDISCR/TAJ/329/2018, https://www.osce.org/odihr/434810?download=true.  

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.4.3  Application of the objective justification test 

Article  3(1)(1)  provides  the  meaning  of  gender  equality  (the  equal  rights,  obligations, 
opportunities  and  responsibility  of  men  and  women  in  professional  life,  when  entering 
education, and when participating in other areas of social life) and Article 3(1)(2) defines 
the  equal  treatment  of  men  and  women,  which  means  that  there  is  no  discrimination 
whatsoever based on sex, either directly or indirectly. 

3.4.4  Specific difficulties 

Only a few direct discrimination cases have been brought to court and there is no case law 
on  indirect  discrimination,  which  could  indicate  that  knowledge  of  this  concept  is 
insufficient. There are no debates on indirect discrimination and no legal analysis. 

3.5  Multiple discrimination and intersectional discrimination32 

3.5.1  Definition and explicit prohibition 

There is no explicit mention of multiple discrimination in the legislation. Due to the wide 
scope of the GEA other laws could be applied in conjunction with the GEA. 

3.5.2  Case law and judicial recognition 

Among  discrimination  claims  submitted  to  the  Gender  Equality  and  Equal  Treatment 
Commissioner in 2016, the main grounds of discrimination were: sex (mostly in connection 
with pregnancy and parenting), citizenship and language skills, disability, age, ethnicity, 
sexual orientation, and belief. There were also a couple of complaints on grounds of race.33  

There have been no court cases regarding multiple discrimination. There was potential to 
discuss  discrimination  on  grounds  of  gender  and  age  in  the  case  of  Insler  v.  Tax  and 
Custom Board, but the county court rejected some parts of the initial claim.34  

3.6  Positive action 

3.6.1  Definition and explicit prohibition 

Positive  action  is  explicitly  allowed  in  Article  5(2)(5)  of  the  GEA:  the  application  of 
temporary  specific  measures  that  promote  gender  equality  and  give  advantages  to  the 
less-represented  sex  or  reduce  gender  inequality  is  not  deemed  direct  or  indirect 
discrimination based on sex. The meaning of ‘temporary’ has not been specified in law or 
case law. 

In the view of the author of this report, this definition does not entirely comply with the 
EU  definition  found  in  Article  157(4)  TFEU.  The  ultimate  goal  to  ensure  full  equality  in 
practice between men and women in working life is not mentioned in Article 5(2)(5) of the 
GEA. However, Article 1(1) of the GEA declares that the promotion of equality of men and 
women is a fundamental human right and that the GEA is applicable for the public good in 
all areas of social life. The GEA states the process, rather than the goal of ultimate equality. 

32   See for more information Fredman, S. (2016) Intersectional discrimination in EU gender equality and non-
discrimination law, European network of legal experts in gender equality and non-discrimination, available 
at https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-
non-discrimination-law-pdf-731-kb. 

33   Gender Equality and Equal Treatment Commissioner (2018) Annual report 2017. Available in Estonian at: 

https://volinik.ee/wp-content/uploads/2018/06/2017_aastaaruanne_volinik.pdf. 

34   Supreme Court of Estonia, Judgment of the Civil Chamber, No. 2-16-708 of 21 November 2018. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.6.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

In Estonia, ‘equal opportunities’ and ‘positive action’ are seen in the  context  of equality 
promotion.  ‘Equal  opportunities’  is  seen  as  a  something  to  be  achieved,  created  and 
supported. The process for creating equal opportunities is connected to reducing exclusion 
and the removal of barriers and obstacles. Temporary specific measures can be applied in 
order to create equal opportunities. 

Articles 9 to 11 of the GEA set out activities for gender equality promotion. Article 9(1) of 
the  GEA  provides  that  state  and  local  government  authorities  are  required  to  promote 
gender  equality  systematically  and  purposefully.  Their  duty  is  to  change  the  conditions 
and  circumstances  that  hinder  the  achievement  of  gender  equality.  In  planning, 
implementation and assessment of national, regional and institutional strategies, policies 
and  action  plans,  the  authorities  must  take  into  account  the  different  needs  and  social 
status of men and women and consider how the measures applied and to be applied will 
affect the situation of men and women in society.  

3.6.3  Specific difficulties  

Article 5(2)(5) of the GEA is an abstract and general statement and there is no requirement 
that such temporary measures must be compatible with the principle of proportionality.  

It might be easier to apply temporary specific measures in conjunction with articles of the 
Constitution. Article 27(4) of the Constitution provides for the protection of parents and 
children.  Article  28(4)  of  the  Constitution  could  be  applied  in  the  context  of  positive 
discrimination, given that it stipulates that families with a large number of children as well 
as people with disabilities enjoy the special care of the national Government and of local 
authorities. Article 50 of the Constitution provides protection for national minorities and 
their culture.  

The  Gender  Equality  Act  provides  an  equality  promotion  duty  for  employers,  but 
enforcement  of  the  law  is  modest,  and  remedies  or  sanctions  do  not  guarantee  its 
implementation.  State  agencies  and  private  sector  employers  are  not  encouraged  and 
dedicated to promoting gender equality. Attention is paid to unequal treatment, but gender 
equality promotion remains on the edges of policy. 

3.6.4  Measures to improve the gender balance on company boards 

In  Estonia,  in  2018,  the  representation  of  women  on  the  boards  of  the  largest  listed 
companies, advisory boards and board of directors was 8 %.35 Estonia has not taken steps 
to improve gender balance on company boards. Employers’ organisations and legislators 
have  opposed  ideas  for  improving  women’s  position  in  business  and  entrepreneurship. 
State-owned companies have a legal obligation to take gender into account in recruiting 
for  managerial  positions.  Article  9(4)  of  the  GEA  stipulates  that  the  membership  of 
committees,  councils  and  other  collegial  bodies  formed  by  state  and  local  government 
authorities must, if possible, include both sexes.  

Female  participation  is  a  reliable  indicator  of  the  gender  equality  policy  adopted  by 
countries and companies, and of progress. Pachocka et al. (2018) state that there is a lack 
of EU legislation on women’s representation on corporate boards, resulting in divergence 

35   2019 Report on equality between women and men in EU, 

https://ec.europa.eu/info/sites/info/files/aid_development_cooperation_fundamental_rights/annual_report_
ge_2019_en.pdf. 

13 

 
 
 
 
 
 
 
 
 
                                                   
 
or the absence of such regulation at national level in EU Member States, including in Poland 
and Estonia, which hinders the achievement of gender equality in this area.36 

According to the Welfare Development Plan 2016-2023, awareness-raising measures will 
be implemented in the coming years to raise entrepreneurs’ awareness of the need and 
opportunities for improving gender balance at  the management level of organisations.37 
Most  of  the  plans  are  for  soft  measures  that  provide  more  information  on  gender 
stereotyping  and  prejudices,  while  the  requirement  to  promote  gender  equality  by 
business owners will be explained. Attention will be paid to the career path of women and 
their educational choices and opportunities. Further attention is given to attracting girls to 
study science, technology and engineering. A need to support women’s entrepreneurship 
is stressed, but no resources are provided.  

3.6.5  Positive action measures to improve the gender balance in other areas 

In  order  to  create  more  diversity  among  entrepreneurs  of  technology  start-ups,  where 
applications for funding are of equal standing after the ranking procedure, funding will be 
awarded to applicants of the underrepresented gender.38  

Awareness raising in support for the possible use of a zipper system in electoral lists has 
gained some success. However, the first attempt to amend the electoral law failed on 13 
June 2017 and there have been no further legal developments in this field since then. 

3.7  Harassment and sexual harassment 

3.7.1  Definition and explicit prohibition of harassment 

In the view of the author of this report, the definition of harassment complies with the EU 
definition  in  Article  2(1)(d)  of  Directive  2006/54.  It  is  included  in  Article  3(1)(3)  of  the 
GEA, Article 3 of the ECA and Article 157.3 of the Penal Code. Article 3(1)(6) of the GEA 
refers to gender-based harassment as unwanted conduct or activity related to the sex of 
a person that occurs with the purpose or effect of violating the dignity of a person and of 
creating  a  disturbing, 
intimidating,  hostile,  degrading,  humiliating  or  offensive 
environment. 

Harassment is criminalised and defined by Article 157.3 of the Penal Code; the amendment 
entered into force on 6 July 2017. Article 157.3 of the Penal Code provides that repeated 
or consistent attempts to contact another person, watching him or her or interfering in the 
privacy of another person against the will of such person in another manner, if the intent 
or effect thereof is to intimidate or humiliate the other person or disturb him or her in any 
other manner. Harassment is punishable by a pecuniary punishment or up to one year's 
imprisonment. 

3.7.2  Scope of the prohibition of harassment 

Estonian legislation provides that sexual harassment is direct discrimination based on sex. 
Article 3(1)(3) of the GEA stipulates that direct discrimination based on sex also means 
less  favourable  treatment  of  a  person  in  connection  with  pregnancy  and  childbirth, 
parenting, performance of family obligations or other circumstances related to gender, as 
well as gender-based harassment and sexual harassment and less favourable treatment 

36   Pachocka, M., Szczerba-Zawada, A., Eerma, D. (2018) ‘Women on corporate boards in Poland and Estonia 
in the context of the EU gender equality policy’, in: Aluchna, M. & Aras, G. (eds), Women on Corporate 
Boards: An International Perspective, London: Routledge. 

37   Sotsiaalministeerium (2016) Welfare Development Plan 2016-2023 (adopted on 30 June 2016), 

https://www.sm.ee/sites/default/files/content-
editors/eesmargid_ja_tegevused/welfare_development_plan_2016-2023.pdf. 

38   Estonian Research Council (2019) ‘Guidelines for Evaluating Personal Research Funding Applications for 
Start-Up Grants’, https://www.etag.ee/wp-content/uploads/2019/03/PSG-hindamisjuhend-2019.pdf. 

14 

 
 
 
 
 
 
 
 
 
 
                                                   
of a person due to their rejection of or submission to harassment. Article 2(1) of the GEA 
states that the GEA is applicable to all areas of social life. The GEA is applicable in areas 
of social protection, provision of goods and services, healthcare and housing. The GEA is 
not applicable to religious organisations, and in family and private life (Article 2(2) of the 
GEA). 

3.7.3  Definition and explicit prohibition of sexual harassment 

Article  3(1)(3)  of  the  GEA  defines  any  less  favourable  treatment  based  on  the  person’s 
rejection of or submission to such conduct as direct discrimination based on sex. Article 
3(1)(5) of the GEA provides the definition of sexual harassment and Article 3(1)(6) of the 
GEA relates to gender-based harassment. 

Article  3(1)(5)  of  the  GEA  defines  sexual  harassment  as  any  form  of  unwanted  verbal, 
non-verbal or physical conduct or activity of a sexual nature that occurs, with the purpose 
or  effect  of  violating  the  dignity  of  a  person,  in  particular  when  creating  a  disturbing, 
intimidating, hostile, degrading, humiliating or offensive environment. 

In the view  of the author  of this report, the definition of sexual harassment in the GEA 
complies with the EU definition found in Article 2(1)(c) of Directive 2006/54. 

In 2017, due to the ratification process of the Istanbul Convention, it was proposed that 
sexual harassment should be categorised as a misdemeanour and be placed in the section 
on offences against equality in the Penal Code. The new Article 153.1 of the PC defines 
sexual  harassment  as  ‘an  act  of  physical  sexual  nature  committed  intentionally  against 
somebody’s will and aiming to degrade’, which is punishable by a fine of up to EUR 1 200 
or detention. A legal person can be held accountable for sexual harassment and may be 
punished with a fine of up to EUR 2 000.  

3.7.4  Scope of the prohibition of sexual harassment 

The GEA is applicable in all areas of social life. Although the Estonian legislation ensures 
protection  from  sexual  harassment  in  employment  relationships,  allowing  the  use  of 
various  legal  remedies,  the  practical  application  of  these  legal  remedies  has  been 
challenging. The law is also applicable to job applicants. The Gender Equality and Equal 
Treatment  Commissioner  has  pointed  out  that  it  is  prohibited  to  make  degrading 
comments based on stereotypical prejudices about women and men.39 

Article 6(2)(5) of the GEA stipulates that the activities of an employer are deemed to be 
discriminatory if the employer harasses a person in relation to the sex of the person or 
sexually.  Employers  must  ensure  the  protection  of  employees  from  gender-based 
harassment and sexual harassment in the working environment. 

According to the Istanbul Convention, sexual harassment is subject to criminal or other 
legal  sanctions.  In  Estonia,  sexual  harassment  is  defined  and  prohibited  by  the  Gender 
Equality  Act  (GEA).  In  2009-2017,  there  were  no  court  cases  concerning  sexual 
harassment due to the poor enforcement of the GEA.  

3.7.5  Understanding of (sexual) harassment as discrimination 

Gender-based harassment, sexual harassment and less favourable treatment of a person 
due to their rejection of or submission to harassment are direct discrimination based on 
sex. 

39   Available in Estonian at: https://www.volinik.ee/artiklid/mis-on-sooline-ahistamine/. 

15 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
In 2018, 19 complaints were made to the labour dispute committees in relation to unequal 
treatment;  the  labour  dispute  committee  made  a  decision  that  there  had  been  unequal 
treatment  in  11  cases.40  The  majority  of  complaints  related  to  bullying  at  work  (eight 
cases), with one case on sexual orientation. Estonian law does not refer to sexual identity. 
The  expression  ‘bullying’  is  missing  in  law,  but  is  used  by  law  enforcement  agencies. 
Statements about discrimination are rare, however, according to the law, such cases have 
the features of direct discrimination cases: there was an effect of violating the dignity of 
a person and an intimidating, hostile, degrading, humiliating or offensive environment was 
created.  The  discrimination  ground  is  not  referred  to,  but  ‘bullying’  as  general  term  is 
stressed.  It  seems  that  there  may  be  a  naming  issue  here,  and  that  the  term 
‘discrimination’ is avoided due to its negative connotations, such as being weak, and being 
a victim. 

3.7.6  Specific difficulties  

Unfortunately, sexual harassment has come before the courts on only a couple of occasions 
and further exploration of the concept has been modest. There is still a problem in getting 
testimonies  from  people  who  have  experienced  harassment  or  sexual  harassment. 
Reporting  is  low  due  to  rejection  of  victim’s  position,  fear  of  victim  blaming,  lack  of 
effective court cases, and the specificity of being a small country, which makes it is easy 
to identify the person. 

A relevant and current case before the labour dispute committee is Hallik v. University of 
Tartu and there is also a court proceeding initiated by the University of Tartu. The case is 
still ongoing and it is hoped will be brought to the Supreme Court, enabling case law to be 
developed.41  

On 29 August 2018, the (male) director (Hallik) of the library of the University of Tartu 
was  dismissed  due  to  ‘inadequate  behaviour’  and  was  asked  to  leave  immediately.  An 
employer  may  extraordinarily  cancel  an  employment  contract  with  good  reason  arising 
from the employee. In this case, the dismissal on the basis of loss of trust was based on 
claims by female library employees, who made accusations of sexual harassment against 
the  director.  The  employer  found  that  the  director  had  breached  Articles  3(1)(3)  and 
3(1)(5) of the Gender Equality Act and had lost the university’s trust. The fired Director 
claimed that the employer had no right to extraordinarily cancel the employment contract 
according to Articles 88(1)(3)1 and 88(1)(5)1 of the Employment Contracts Act. 

There was a problem with the employees who accused the director of sexual harassment 
and  gave  their  statements  to  the  University  of  Tartu  management  (the  library  is  an 
institution within the university): these employees did not appear to give their statements 
to the labour dispute committee and were not ready to present as witnesses in the court. 
Therefore,  the  labour  dispute  committee  and  the  Tartu  County  Court  found  the 
extraordinary  cancellation  of  the  director’s  contract  by  the  university  unlawful  and  in 
September 2019, the court ruled that monetary compensation of EUR 90 000 should be 
paid to the fired director. The case continues. Another case against Mr Hallik was filed by 
the Prosecutor’s Office and the investigation is ongoing. 

Lamesoo  (2017)  interviewed  nurses  and  asked  about  sexual  harassment  in  hospital 
settings.42  She  analysed  discursive  practices  of  sexual  harassment  among  nurses.  She 
found that the issue in respect of  sexual harassment is not hierarchical power positions 

40 

https://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Meedia_ja_statistika/Toeoevaidlused/TVK_men
etluses_olnud_diskrimineerimisvaidlused_2018.pdf. 

41   No information is available on the courts’ website yet. Some information comes from the media, available 
at: https://news.err.ee/976822/tartu-county-court-finds-university-librarian-was-unfairly-dismissed. 
42   Lamesoo, K. (2017) Social construction of sexual harassment in the post-soviet context on the example of 

Estonian nurses, dissertation, University of Tartu, 
http://dspace.ut.ee/bitstream/handle/10062/58187/lamesookatri.pdf?sequence=3&isAllowed=y. 

16 

 
 
 
 
 
 
                                                   
themselves,  but  rather  the  way  in  which  these  positions  are  interpreted.  The  nurses 
interpreted  the  sexual  advances  of  physicians  as  an  abuse  of  their  position  of  power, 
assuming  that  these  kinds  of  incidents  do  not  occur  in  formally  equal  occupational 
positions, i.e. with female physicians. Her work demonstrates the multidimensionality and 
dynamism of discourses on sexual harassment, especially the central role played by the 
dynamics  and  ambiguities  of  power  in  sexual  harassment.  Lamesoo  warns  that:  ‘If  we 
abandon  the  concept  of  sexual  harassment  and  name  the  phenomenon  gender 
harassment, it could lead to the belittling of these incidents.’ 

3.8  Instruction to discriminate 

3.8.1  Explicit prohibition 

According  to  the  GEA,  direct  and  indirect  discrimination  based  on  sex,  including  giving 
instructions to discriminate is prohibited. It must be emphasised that the GEA does not 
only  prohibit  discrimination  and  thereby  demand  equal  treatment  of  women  and  men. 
Article  5(1)  of  the  GEA  stipulates  that  direct  and  indirect  discrimination  based  on  sex, 
including giving orders to discriminate, is prohibited.  

Article 1(1) of the GEA provides that the purpose of the act is to ensure equal treatment 
of men and women as provided for in the Constitution of the Republic of Estonia and to 
promote  equality  of  men  and  women  as  a  fundamental  human  right  and  for  the  public 
good in all areas of social life. Article 1(2) of the GEA specifies that discrimination on the 
grounds  of  sex  in  the  private  and  public  sector  is  prohibited  and  that  state  and  local 
government  authorities,  educational  and  research  institutions,  and  employers  should 
promote gender equality. 

3.8.2  Specific difficulties 

There have been no cases reported. 

3.9  Other forms of discrimination 

Article 6(3) of the GEA stipulates that less favourable treatment of a person on grounds 
of  sex  in  connection  with  his  or  her  membership  in  an  organisation  of  employees  or 
employers, or in any organisation whose members are engaged in a particular profession, 
including in connection with the person’s participation in its work and the benefits provided 
for by such an organisation will also be deemed to be discrimination. 

The position of women in political parties depends on the party democracy, structure and 
culture.  It is evident that women hold lower positions in party hierarchies and electoral 
lists, but there are no complaints by members.  

Article 6(3) of the GEA is not applied by Estonian courts.  

The GEA not only prohibits discrimination and thereby demands equal treatment of women 
and  men,  but  also  requires  the  promotion  of  gender  equality  as  a  fundamental  human 
right  and  public  good  in  all  areas  of  social  life.  Therefore,  the  avoidance  of  gender 
stereotyping and prejudices is indirectly stipulated in the GEA. The Gender Equality and 
Equal  Treatment  Commissioner’s  Office  published  a  handbook  in  both  Estonian  and 
Russian  on  how  to  avoid  prejudice  and  using  stereotypes,  including  those  related  to 
gender, when preparing information materials.43 

43   Kuusik, A., Davidjants, B., Papp, Ü.-M. (2016) Teabematerjalide koostamine: kuidas vältida stereotüüpe ja 

eelarvamusi. Käsiraamat, Võrdõigusvoliniku kantselei ühtekuuluvuspoliitika fondide võrdõiguslikkuse 
kompetentsikeskus. The handbook is available in Estonian at: http://kompetentsikeskus.volinik.ee/wp-
content/uploads/2018/01/Teabematerjalide-koostamine_eestik.pdf. 

17 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
The Coleman case44 was quoted by the judgment of the Supreme Court in the Tagel v. Tax 
and  Customs  Board  case  from  2010.  Mr  Tagel  claimed  that  he  had  been  discriminated 
against as a result of his role in representing employees of the Estonian Tax and Customs 
Board. Discrimination was not found as Mr Tagel was unable to provide facts that proved 
that the management’s rejection of his planned business travel was caused by his activities 
in representing employees.45 

3.10 Evaluation of implementation 

Harassment and sexual harassment is a still hidden phenomenon. The law is rather mild 
for such offences and reporting is low.  

Since July 2017, sexual harassment is considered a misdemeanour under the Penal Code 
and  the  Police  and  Border  Guard  Board  should  conduct  summary  proceedings.  Sexual 
harassment is punishable by a fine of up to EUR 1 200 (300 fine units) or by detention. In 
May 2018, several women reported to TV journalists that they had experienced unwanted 
physical  contact  of  sexual  nature  by  a  healer  and  astrologist  named  Igor  Mang.  Some 
women  were  interviewed  on  TV  about  the  unwanted  physical  contact  that  they  had 
experienced during consultations by Mang. After the TV weekly programme ‘Pealtnägija’ 
(Eyewitness),  more  accusations  were  reported.  Only  one  complaint  was  filed  with  the 
police. The police fined the perpetrator EUR 96.46  

Between 1 January and 18 July 2018, the police investigated 11 cases of harassment. The 
penalties  issued  were  generally  low.  Eight  cases  were  solved  with  fines  ranging  from 
EUR 20 to EUR 300; three cases resulted in the detention of the perpetrator. 

3.11 Remaining issues 

There  is  a  problem  in  relation  to  the  reporting  of  discrimination;  victims  do  not  report 
discrimination  due  to  low  expectations  of  the  likelihood  of  fair  judgment  through  legal 
proceedings. Knowledge about reporting sexual harassment to the police is low given that 
the legal amendment to the Penal Code is new.  

44   CJEU, Judgment of 17 July 2008, Coleman v. Attridge Law and Steve Law, C-303/06, ECLI:EU:C:2008:415. 
45   Supreme Court of Estonia, Judgment of the Administrative Law Chamber, No. 3-3-1-13-10 of 17 May 2010. 

https://rikos.rik.ee/?asjaNr=3-3-1-13-10. 

46   ERR (2018) ‘Politsei Mangi juhtumist: trahvi eesmärk on ennekõike ära hoida järgnevad süüteod’ (Police on 

the Mang case: a fine aim is to prevent subsequent offences above all), 
https://www.err.ee/847528/politsei-mangi-juhtumist-trahvi-eesmark-on-ennekoike-ara-hoida-jargnevad-
suuteod. 

18 

 
 
 
 
 
 
 
 
                                                   
4 

Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  of  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 

4.1  General (legal) context 

4.1.1  Surveys on the gender pay gap and the difficulties of realising equal pay 

Estonia has the highest gender pay gap recorded in the EU. Several studies by sociologists, 
economists and statisticians have been carried out, but legal analysis and legal changes 
have not taken place. According to Paats and Lunev (2014) and Marling (2017) confirm 
that the explained part of gender wage gap is relatively small and the unexplained part is 
high.47 The variables that increase the unexplained part of the gap and therefore favour 
men  are  state  sector,  occupation,  and  enterprise  ownership  and  management 
responsibilities. The variables that decrease the unexplained part of the gap and therefore 
favour women are enterprises’ economic activity and location, also size, field of speciality, 
education  and  marriage  status.  Lower  pay  for  women  among  managers  and  teachers 
compared with their male counterparts shows that the gender wage gap is not just due to 
the gender segregated labour market. 

According to preliminary data of Statistics Estonia, in October 2018, there was a gender 
pay  gap  in  all  economic  activities.  The  pay  gap  was  biggest  in  financial  and  insurance 
activities (32.2 %) and smallest in transportation and storage (1.9 %). In October 2018, 
the gross hourly earnings of female employees were 18.7 % lower than the gross hourly 
earnings of male employees. The gender pay gap decreased by 2.2  % compared to the 
same  period  in  2017.48  Statistics  Estonia  carries  out  the  ‘Structure  of  Earnings  Survey’ 
every four years in October. The data from the survey reflect the number of employees, 
structure and earnings by occupation, economic activity, age, sex, type of contract, full-
time and part-time work and education.49 

During the years 2018-2021, the wage survey is targeted at uncovering the reasons for 
the gender wage gap. Measures to tackle the gender wage gap are detailed in the Welfare 
Development Plan 2016-2023 and highlighted in the National Action Plan for 2015-2020.50 

4.1.2  Surveys on the difficulties of realising equal treatment at work 

The Welfare Development Plan 2016-202351 is coordinated by the Ministry of Social Affairs. 
The plan is seen as a gender equality strategy document and provides research findings 
for national action plans.52 The strategy points out shortcomings in policies and the legal 
framework, including a need to achieve a substantial reduction in the gender pay gap and 
to  define  equal  work  for  equal  value  in  law.  The  strategy  also  notes  the  need  for  a 
supervisory power to monitor  whether women and men  receive equal pay for the same 
work and work of equal value. The Labour Inspectorate’s mandate could be extended and 
the budget increased to carry out such monitoring and an Equal Pay Competence Centre 
should be established. Policy makers have planned to start with the public sector. 

47   Paats, M., Lunev, M. (2014) Palgaerinevuste statistika parem kättesaadavus: kasutatavad andmeallikad, 

Statistikaamet. Marling, R. (2017) Gender Equality in Estonia, in: Örtenblad, A., Marling, R. and Vasiljević, 
S. (Eds.). Gender Equality in a Global Perspective. New York: Routledge, pp. 246−260. 

48   According to data by Eurostat the gender pay gap was 25.6 % in 2017 in Estonia, which is higher than that 

presented by Statistics Estonia. This is due to the use of different methodologies. 

49   https://www.stat.ee/news-release-2019-122. 
50   https://www.riigikantselei.ee/sites/default/files/content-

editors/Failid/eesti2020/eesti2020_action_plan_en_05.05.16.pdf. 

51   Sotsiaalministeerium (2016) Welfare Development Plan 2016-2023 (adopted on 30 June 2016), 

https://www.sm.ee/sites/default/files/content-
editors/eesmargid_ja_tegevused/welfare_development_plan_2016-2023.pdf. 

52   Estonia Beijing +25, 

https://www.unece.org/fileadmin/DAM/Gender/Estonian_national_Beijing25_review_report.pdf. 

19 

 
 
 
 
 
 
 
 
                                                   
 
Outreach  and  analysis  activities  shall  be  continued  with  the  aim  of  increasing  the 
awareness of society and various institutions about the gender pay gap, its causes, and 
impacts. To contribute to the equal remuneration and evaluation of women and men for 
the  equivalent  work,  the  introduction  of  job  evaluation  and  payment  systems  based  on 
transparent and objective criteria will be encouraged, mainly through raising awareness 
and supportive activities.  

A study on the implementation of the Gender Equality Act was carried out in 2015.53 Under 
the  Gender  Equality  Act,  employers  should  collect  sex-disaggregated  statistical  data  on 
employees to enable, if necessary, the relevant institutions to monitor and assess whether 
the principle of equal treatment is complied with in employment relationships. The results 
of the survey showed that collecting statistical data on personnel is not widespread: 46 % 
of employers record working time, a little less (38 %) collect data on salaries, overtime 
(36 %)  and  on  the  use  of  annual  leave.  According  to  the  authors  of  the  study,  sex-
disaggregated data are collected by only few employers, as most of them do not see any 
good reason for doing it. 

4.1.3  Other issues 

Employers’ pay systems and practice are not monitored and the majority of employers do 
not carry out wage analyses from a gender perspective. It is hoped that the administrative 
burden of carrying out such analysis will reduce with the introduction of innovative digital 
solutions. However, there is a workforce shortage in the ICT sector, outsourcing is widely 
used and gender equality promotion is dependent on the human resources policies of the 
enterprise. The Estonian state provides foreign recruitment support, as part of the ‘Work 
in Estonia’ project. Gender equality is not a priority issue in this context.  

The public sector is seen to be an influence on the private sector, but pay discrimination 
continues to exist in the public sector. In 2013, a new Civil Service Act entered into force, 
which changed the employment status of some workers in the public sector. The public 
sector  now  has  officials  and  employees.  Officials  are  appointed  and  employees  are 
recruited for the job by the public sector employer.  

Article 10 of the Civil Service Act stipulates that certain civil service regulations should be 
issued. According to Article 10(1)(4) of the Civil Service Act, a regulation on the procedure 
for the establishment of employment positions for staff of the state authorities, as well as 
classification and grading of the employment positions was issued but the implementation 
is  poor.  The  regulation  has  several  annexes  providing  job  classifications  for  the  public 
sector.54 A job classification system in the public sector could provide more transparency 
in  the  labour  market.  Unfortunately,  job  applicants  and  employees  are  often 
underinformed.  

Many  people  employed  in  the  public  sector,  continued  their  work  as  employees 
(professionals, specialists, support personnel), although they were no longer civil servants 
following  the  adoption  of  the  Civil  Service  Act  in  2013.  In  a  case  brought  to  court,  the 
employee’s contract was renewed before the new Civil Service Act entered into force, the 
public  sector  employer  adopted  the  salary  rules  required  by  the  new  law,  but  the 
information was not forwarded to the employees. The judgment of the Civil Chamber of 
the  Supreme  Court  of  21  November  201855  contains  information  about  unsolved  and 

53   Turk, P., Anniste, K., Masso, M., Karu, M., Kriger, T. (2015) Uuring Soolise võrdõiguslikkuse seaduse 

rakendamisest tööandjate seas ja indikaatorite väljatöötamine seaduse mõjude hindamiseks (Study on 
Implementation of the Gender Equality Act by Employers and Proposed Indicators for Impact Assessment), 
Tallinn: Poliitikauuringute Keskus Praxis, https://www.sm.ee/sites/default/files/content-
editors/Ministeerium_kontaktid/Uuringu_ja_analuusid/Sotsiaalvaldkond/uuringuaruanne.pdf. 

54   Public sector job classification describes grades, duties and competencies required for the job. Available in 

Estonian at:  https://www.riigiteataja.ee/akt/117042019010. 

55   Supreme Court of Estonia, Judgment of the Civil Chamber, No. 2-16-708 of 21 November 2018 (Insler v. 

Tax and Customs Board). 

20 

 
 
 
 
 
 
                                                   
hidden issues relating to public sector employees who were not informed about their pay 
level.  More  specifically,  in  the  process  of  working  out  the  new  employment  contract,  a 
former  civil  servant  of  the  Tax  and  Custom  Board  found  that  her  employer  had 
discriminated against her and treated her less favourably than younger male colleagues 
when distributing work assignments and establishing working conditions. In that situation, 
Articles  6(2)(1-4)  of  the  Gender  Equality  Act  had  been  violated.  Due  to  lengthy  court 
proceedings and a great deal of pressure from the employer, she agreed to a compromise. 
The court case described the situation where a salary guide exists, but due to agreed and 
fixed  salaries,  some  employees  have  no  idea  at  what  level  or  grade  they  work  and 
therefore it is impossible for them to get legal redress regarding pay discrimination.  

4.1.4  Political and societal debate and pending legislative proposals 

In 2016, the Estonian Government began preparing the draft of the Gender Equality Act 
and Other Acts Amendment Act.56 The explanatory memorandum of the draft act, which 
provides  detailed  explanations  about  legal  amendments  and  planned  requirements  for 
public sector  organisations with  10 and more  employees, included a definition  of  equal 
work for equal value. There were plans to enlarge the mandate of the Labour Inspectorate 
by adding a right to monitor the remuneration and benefits paid by employers to men and 
women for equal work or work of equal value. Public sector employers would be expected 
to inform employees about pay policy and the gender pay gap in their organisation. There 
was also a plan to establish a pay competence centre, with a mandate to advise employers 
and  monitor  the  remuneration  and  benefits  paid  by  employers  to  men  and  women  for 
equal work or work of equal value.  

The amendment act was planned to enter into force on 1 July 2020. The draft prepared in 
2016  reached  the  Parliament  in  September  2018,  but  was  not  adopted  before  the 
parliamentary elections on 3 March 2019, when the 14th Riigikogu (Estonian Parliament) 
was elected. The new Government now needs to begin a new legal initiative in order to 
ensure higher pay transparency. 

The  main  problems  leading  to  the  failure  of  the  draft  law  are  connected  to  the  lack  of 
goodwill among legislators and politicians. In addition, the rise and growing influence of 
the right wing movement has added louder voices against increasing transparency.57 

There are some issues concerning confidentiality of pay information. Article 28(13) of the 
Employment Contracts Act stipulates that the employer has no right to disclose information 
about wages calculated, paid, or payable to the employee without the employee’s consent 
or without a legal basis. Pay secrecy could be a workplace policy that prohibits employees 
from discussing how much money they make. The Gender Equality and Equal Treatment 
Commissioner  has  a  right  to  ask  for  all  documents  about  working  conditions  and  wage 
policy. 

4.2  Equal pay 

4.2.1  Implementation in national law 

Pay and income inequalities are a serious issue in Estonia. The principle of equal pay for 
equal work or work of equal value is not implemented. 

56   Estonia, Gender Equality Act and Other Acts Amendment Act (Soolise võrdõiguslikkuse seaduse ja teiste 
seaduste muutmise seadus 683 SE), https://www.riigikogu.ee/tegevus/eelnoud/eelnou/920bb10b-1e71-
48fa-896d-
c8f2c473867a/Soolise%20võrdõiguslikkuse%20seaduse%20muutmise%20ja%20sellega%20seonduvalt%2
0teiste%20seaduste%20muutmise%20seadus. 

57   Opinions on the draft law by social partners regarding 683 SE. 

21 

 
 
 
 
 
 
 
 
 
                                                   
The principle of equal pay for equal work of equal value is indirectly defined in national 
legislation and several articles about non-discrimination in professional life were added in 
2009. Article 6(2)(3) of the GEA stipulates that the activities of an employer are deemed 
to be discriminatory if the employer establishes conditions for remuneration or conditions 
for the provision and receipt of benefits related to the employment relationship  that are 
less  favourable  regarding  an  employee  or  employees  of  one  sex  compared  with  an 
employee or employees of the other sex doing the same work or work of equal value. 

Article 3 of the ECA explores the principle of equal treatment. Employers must ensure the 
protection of employees against discrimination, follow the principle of equal treatment and 
promote equality in accordance with the ETA and the GEA. In several of its articles, the 
ECA  refers  to  agreements  between  the  employee  and  employer.  The  Government  is 
responsible for establishing by regulation the minimum wage corresponding to a specific 
unit of time, and a regulation on the conditions and procedure for the payment of average 
wages. The national minimum wage is agreed  annually upon by social partners and the 
Government.  The  position  of  the  unions  is  weak  in  Estonia.  The  unionisation  rate  of 
employees is low, which is an obstacle to addressing forms of pay differentials. However, 
due to the large gender pay gap,  in 2012, a national action plan was adopted to tackle 
this.  Reducing  the  gender  pay  gap  is  also  highlighted  in  the  Welfare  Development  Plan 
2016-2023.58 The amended Civil Service Act (CSA) entered into force on 1 April 2013 and 
since then, attention has been paid to salary guides.59  

The state shared service centre at the Ministry of Finance provides nationwide financial, 
HR and payroll accounting services. 

4.2.2  Definition in national law 

The ECA entered into force on 1 July 2009.60 A clear legal definition of pay is not provided 
in the ECA. Pay is remuneration for work according to a (written) agreement. Article 1(1) 
and 1(2) is about the employment relationship between employee and employer, where a 
natural person (employee) does work for another person (employer) in subordination to 
the  management  and  control  of  the  employer.  The  employer  pays  the  employee 
remuneration for such work. The wage is a monetary reward (Article 29(3) of ECA) or, if 
agreed, an in-kind or other form of benefit (Article 29(4) of ECA).  

This definition complies with the definition of Article 157(2) TFEU, where the meaning of 
‘pay’ is the same. Articles 157(2)(a) and 157(2)(b) have not been directly transposed into 
Estonian legislation. The ECA stipulates that there should be set working conditions and a 
pay  agreement  between  employer  and  employee.  There  is  also  a  general  anti-
discrimination article, which requires that employers ensure the protection of employees 
against discrimination (Article 3 of the ECA).61  

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

Article  6(2)(3)  of  the  GEA  provides  that  discrimination  occurs  when  the  employer 
establishes  conditions  for  remuneration  or  conditions  for  the  provision  and  receipt  of 

58   Sotsiaalministeerium (2016) Welfare Development Plan 2016-2023 (adopted on 30 June 2016), 

https://www.sm.ee/sites/default/files/content-
editors/eesmargid_ja_tegevused/welfare_development_plan_2016-2023.pdf.  

59   The Minister of Finance is responsible for the implementation of the CSA and pay policies in the public 

sector. The Ministry of Finance website states that the salary system is more transparent and fair, as it 
considers the employment market and each person’s responsibility and competitiveness: 
https://www.rahandusministeerium.ee/en/personnel-policy-state.  

60   The Wage Act (from 26 January 1994 to 30 June 2009), where Article 2 provided a definition of pay, was 

repealed; https://www.riigiteataja.ee/akt/13100033. 

61   No specific sanctions have been laid down for employers violating this regulation but where the rights of a 
person have been violated due to discrimination, he or she may demand from the person who has violated 
the rights that the harmful activity be terminated and that the damage be compensated for on the basis of 
and pursuant to the procedure provided by law.  

22 

 
 
 
 
 
 
 
                                                   
 
benefits  related  to  the  employment  relationship  that  are  less  favourable  regarding  an 
employee or employees of one sex compared with an employee or employees of the other 
sex doing the same work or work of equal value. 

4.2.4  Related case law 

An interesting case from 21 November 2018 was the Supreme Court judgment in Insler v. 
Tax  and  Customs  Board.62  The  Tax  and  Customs  Board  cited  economic  reasons  for 
cancelling the employment contract of a female lawyer in a regional office in December 
2015. The lower level courts briefly discussed possible discrimination in relation to issues 
around  the  extraordinary  cancellation  of  the  employment  contract  and  possible 
compensation to be paid to the claimant. The claimant stated that the defendant had not 
followed  the  principle  of  equal  treatment  and  had  breached  Articles  3  and  89(4)  of  the 
Employment Contracts Act, Articles 1(1) and 2(3) of the Equal Treatment Act and Articles 
1(1),  5(1)  and  6(2)(7)  of  the  Gender  Equality  Act.  The  claimant  stated  that  she  was 
discriminated against when she was paid a lower wage compared to male colleagues and 
lawyers in Tallinn office for the same work. She had worked for the Tax and Customs Board 
since  2004,  and,  due  to  the  new  law  on  the  civil  service,63  had  been  given  a  new 
employment  contract  in  March  2013.  Salary  guides  were  adopted  on  8  April  2013.  The 
claimant had been given an amended employment contract in March 2013, before the Tax 
and Customs Board adopted the salary guide. The claimant noted that her salary level had 
stayed at the lowest level, but claimed that, due to her long career and high competence, 
she  should  be  paid  at  the  higher  pay  level  for  lawyers.  The  claimant  asked  for 
compensation for the unpaid part of pay in April 2013-December 2015. The claimant was 
asked to provide the names of all comparators, e.g. names of male employees doing the 
same work. The claimant rejected the request and stated that names are not necessary 
as a proof in discrimination case. The Circuit Court ruled that the claimant had not fulfilled 
the  requirement  to  provide  exact  evidence  and  so  it  ignored  the  discrimination  claim.64 
The court decided that the claimant had discontinued the claim on discrimination and so 
did not discuss the issue. The civil chamber of the Supreme Court found several procedural 
mistakes and determined that the cancellation of the employment contract was void due 
to  the  absence  of  a  legal  basis  or  the  non-conformity  with  the law  or  nullified  due  to  a 
conflict with the principle of good faith. The Court ruled that the former employer should 
pay  the  employee  compensation.  Unfortunately,  the  Supreme  Court  did  not  explore 
possible discrimination against the employee. 

4.2.5  Permissibility of pay differences 

There is no information about gender pay differentials due to the promotion of equality.  

Pay differences are used in some public sector institutions in some regional branches to 
attract officials and employees. Such a measure is intended to be gender neutral, but could 
lead  to  indirect  sex  discrimination.  It  is  also  claimed  that  specialists,  women  and  men, 
from abroad should be paid more.  

In  Estonia,  individual  pay  agreements  between  the  employer  and  employee  are  very 
common and it is often claimed that women agree to work for lower pay. CV Online has 
launched  a  website,  Palgad.ee,  which  offers  wage  comparisons  according  to  different 
sectors and positions.65 

62   Supreme Court of Estonia, Judgment of the Civil Chamber, No. 2-16-708 of 21 November 2018. 
63   The Civil Service Act entered into force on 1 April 2013, the number of civil servants was reduced and 

specialists were given the position of employees. The civil service is made up of officials and employees. An 
official is a person who is in the public administration service and is appointed to a post and an employee is 
someone recruited for a job in an authority. 

64   https://www.riigiteataja.ee/kohtulahendid/detailid.html?id=238029596. 
65   Palgad.ee is operated by CV Online and the website offers a comparison of the salaries of about 500 
positions. The list of positions reflects the labour market in Estonia and is constantly updated. More: 
https://www.palgad.ee/en/methodology. 

23 

 
 
 
 
 
 
                                                   
4.2.6  Requirement for comparators 

In  order  to  establish  unequal  treatment,  comparable  persons  or  groups  have  to  be 
determined.  After  that,  the  appropriateness  and  the  necessity  of  the  legitimate  goal  of 
action and proportionality have to be assessed.  

On  4  January  2012,  the  Supreme  Court  of  Estonia  announced  its  judgment  resolving  a 
case in favour of Olympic Casino. The  ruling  in  civil  case  3-2-1-135-11  is  one  of  the 
very few Supreme Court judgments in discrimination cases in Estonia.  The Supreme 
Court  explained  that  two  different  types  of  legal  measures  applied  to  two  employees 
cannot be deemed as discrimination if these two employees cannot be considered  to be 
comparable  persons.66  Further,  there  is  no  discrimination  if  two  employees  are  indeed 
treated differently from each other, but that difference is due to objective reasons that are 
not related to the gender of the employees. The Supreme Court also set aside the required 
compensation for non-proprietary damage caused by the dismissal because the claimant 
referred to economic harm (the lack of a job, the lack of income) and was unable to prove 
non-proprietary  damage.  This  decision  by  the  Supreme  Court  makes  it  extremely 
complicated in the future, if not even impossible, to apply for non-proprietary damage as 
is stipulated in Article 13 of the GEA.67 The major arguments made by the Supreme Court 
were  that  the  claimant  was  in  a  higher  position,  had  damaged  the  reputation  of  the 
employer and showed no remorse for what had happened. The decisive factor was the fact 
that,  unlike  his  colleague,  the  assistant  manager  had  greater  responsibility  and  his 
violation of the rules was more serious. Consequently, the difference  in the employees’ 
treatment was justified by the employer. 

4.2.7  Existence of parameters for establishing the equal value of the work performed 

A  definition  of  work  of  equal  value  is  lacking  in  the  GEA  and  there  is  also  no  relevant 
national case law. The terms ‘same work’ and ‘work of equal value’ occur in Article 6(2)(3).  

The definition of the concept of pay could be derived from several articles. 

There  are  no  provisions  in  the  GEA  and  ETA  regulations  regarding  criteria  of  equal  or 
equivalent jobs. However, these requirements exist in national law indirectly. Employers 
must ensure the protection of employees against discrimination and pay regulations and 
job descriptions and specifications should be gender neutral. There has been no case law 
yet,  but  there  are  some  opinions  from  the  Gender  Equality  and  Equal  Treatment 
Commissioner, finding sex discrimination where a job evaluation has been carried out.68 

There are no criteria for assessing whether work is equivalent in Estonian legislation. It is 
not  possible  to  conclude  from  the  employment  contracts  and  the  explanations  of  the 
parties that the work was exactly the same. Furthermore, it cannot be estimated whether 
the work of any comparators is the same.69 The draft of the Gender Equality Act and Other 
Acts Amendment Act, which was not adopted by the Parliament, provided definitions of a 
public sector employer, a comparison of pay of women and men doing the same work at 
the same employer as well as defining work of equal value.70 The criteria for estimating 
equivalence  were  listed  as  follows:  nature  of  the  work  (complexity),  responsibility  and 

66   Supreme Court of Estonia, Judgment of the Civil Chamber, No. 3-2-1-135-11 of 4 January 2012. 
67   Estonia, Gender Equality Act (GEA), RT I 2004, 27, 181. 
68   Opinions of the Commissioner are not legally binding, but could be used in the labour dispute committee, 

http://www.volinik.ee/arvamused. 

69   Opinion of the Gender Equality and Equal Treatment Commissioner of 3 October 2018 (Voliniku arvamus 

soolise diskrimineerimise kahtluse kohta edutamisel ja töö tasustamisel, 03.10.2018), available in Estonian 
at: https://www.volinik.ee/arvamused/. 

70   Estonia, The Gender Equality Act and Other Acts Amendment Act (Soolise võrdõiguslikkuse seaduse ja 

teiste seaduste muutmise seadus) 683 SE, https://www.riigikogu.ee/tegevus/eelnoud/eelnou/920bb10b-
1e71-48fa-896d-
c8f2c473867a/Soolise%20võrdõiguslikkuse%20seaduse%20muutmise%20ja%20sellega%20seonduvalt%2
0teiste%20seaduste%20muutmise%20seadus. 

24 

 
 
 
 
 
 
 
                                                   
working  conditions,  and  outcome.  Qualification  requirements,  experience  and  training 
were not mentioned in the draft law.  

Article 11.1(3) of the ETA is the only article where the question of comparison is discussed. 
It states that a comparable employee means an employee working for the same employer, 
who is engaged in the same or a similar work, giving due regard to the qualifications and 
skills of the  employee.  Where there is no comparable employee employed by the  same 
employer,  the  comparison  can  be  made  by  reference  to  the  applicable  collective 
agreement. Where there is no collective agreement, an employee engaged in the same or 
similar work in the same region will be deemed to be a comparable employee. 

Legal development regarding the concept of equal value of the work performed is needed. 

4.2.8  Other relevant rules or policies 

There are no other relevant rules or policies that provide such parameters. 

4.2.9  Wage transparency 

According to the law, public sector wages are public and are published on the Ministry of 
Finance  homepage.  However,  in  some  spheres  of  economic  activity,  wage  data  are 
classified (defence, Security Police Board and the Foreign Intelligence Agency). According 
to Article 65(1) and 65(2) of the Civil Service Act, the basic salary of every official as of 
the current calendar year, must be published on the central web page of the civil service 
at the latest on 1 May.  In addition, the basic salary and variable pay and other income 
arising from his or her functions must be published in the total amount for the previous 
calendar  year.  An  overview  of  the  gender  pay  gap  in  public  service  by  authorities  is 
presented in the public service annual report each spring, but the gender pay gap is not 
analysed and gender pay gap audits are not carried out.71 

Article 65(3) of the Civil Service Act stipulates that the salary guide of the authority must 
be disclosed on the web page of the authority. Article 63(1) of the CSA stipulates that a 
salary  guide  is  a  procedure  for  the  determination  and  payment  of  salaries.  The  salary 
guide prescribes the basic salary or the basic salary range for the position, the conditions 
and procedure for payment of the variable salary, additional remuneration and benefits 
provided by law and the time and manner of the payment of the salary. The CSA provides 
a  list  of  institutions  and  authorities  (head  of  authorities,  ministers,  high-level 
representatives), which should establish salary guides. Article 10(5) of the CSA stipulates 
that  the  procedure  for  drafting  the  salary  guide  and  determination  of  the  salary 
components for other public bodies should be specified by a Government regulation. The 
CSA  entered  into  force  on  1  April  2013.  The  regulation  entered  into  force  on  24  May 
2013.72 It could be said that the salary system is more transparent and fair, as it takes 
into  account 
the  employment  market  and  each  person’s  responsibility  and 
competitiveness. 

71   Ministry of Finance, Ametnike palkade avalikustamine (Disclosure of the wages of civil servants), 

https://www.rahandusministeerium.ee/et/riigi-personalipoliitika/personali-ja-palgastatistika; Fontes 
together with Mercer LLC is conducting the Mercer Total Remuneration Survey (TRS) in the Baltics. TRS is a 
salary and compensation survey that is carried out in more than 120 countries using the same methodology 
(www.fontes.ee). 

72   Estonia, Regulation of the Government of Republic No. 76 of 16 March 2013 on administration of the state 
personnel and payroll database remuneration levels (Riigi personali- ja palgaarvestuse andmekogusse 
andmete esitamise ja arvestuse toimingute teostamise kord. Vabariigi Valitsuse määrus nr 76), 
16.05.2015. 

25 

 
 
 
 
 
 
 
 
 
                                                   
 
4.2.10 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between men and women 

No measures have been adopted since Recommendation 2014/124/EU was passed. Some 
measures for pay transparency were planned by national strategies73 and the draft of the 
Gender Equality Act and Other Acts Amendment Act (683 SE) was prepared. The act was 
not  passed  in  the  Parliament  due  to  opposition  by  some  women’s  organisations,  the 
equality body, and trade union and employers’ representatives.74 The draft act aimed to 
tackle the gender pay gap: it was intended to give more responsibilities and rights to the 
Labour  Inspectorate  and  was  targeted  at  public  sector  employers  with  10  or  more 
employees.  A  lack  of  common  understanding  and  opposition  to  the  draft  law  enabling 
effective  monitoring  of  implementing  equal  pay  for  women  and  men  lead  to  lengthy 
parliamentary debates (six-months’ long) and to the failure of the draft act. 

Arguments against the draft act also related to: the sector selection (why it applied only 
to the public sector); the creation of an increased administrative burden (for employers 
with 10 or more employees); and the poor use of pre-existing capacities, such as gender 
equality bodies and agencies (questioning the necessity to establish yet another institution 
in the form of the competence centre).  

4.2.11 Other measures, tools or procedures 

Employers have expressed concern about the increasing administrative burden of carrying 
out pay analyses from a gender perspective. The Estonian e-governance project, Reporting 
3.0, is aimed at developing an automated data transmission channel for various  bodies, 
such as the Tax and Custom Board and Statistics Estonia.75 There is a pilot project that 
involves  transmitting  accounting  data  directly  from  the  institutions’  IT  systems,  which 
would enable the employers to make pay analyses without creating additional datasets. 
Such initiatives could contribute to reducing the resources that are required to carry out 
pay audits. 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the personal scope (Article 14 of Recast Directive 2006/54) 

According to Article 6 of the GEA, in professional life, education and other areas of social 
life, men and women are entitled to equal rights, obligations, opportunities and liabilities. 

National law does not have a definition of ‘worker’. However, Article 3(2)(1) of the GEA 
defines  ‘an  employee’  as  a  person  employed  under  an  employment  contract  (working 
under the  ECA) or  a  contract for the provision of  services (working under the  LOA), an 
official or any other person working under the CSA. Persons applying for employment or 
service are also deemed to be employees.  

The meaning of the term ‘worker’ in the Estonian language and international legal texts 
should be explored. In Estonia, making a clear distinction between ‘an employee’ and ‘a 

73   The Welfare Development Plan 2016-2023; National Action Plan 2016-2019, State Budget Strategy 2019-
2022; Action plan of Estonia 2020 for 2018–2020 (Adopted by the Government of the Republic of Estonia 
on 26 April 2018), https://www.riigikantselei.ee/sites/default/files/content-
editors/Failid/nrp_estonia2020_action_plan.pdf. 

74   https://www.riigikogu.ee/tegevus/eelnoud/eelnou/920bb10b-1e71-48fa-896d-

c8f2c473867a/Soolise%20võrdõiguslikkuse%20seaduse%20muutmise%20ja%20sellega%20seonduvalt%2
0teiste%20seaduste%20muutmise%20seadus. 

75   https://news.err.ee/933124/new-project-speeds-up-data-transmission-within-estonia; on 17 October 2019, 
Statistics Estonia and the Government Office presented a new web application called the Tree of Truth. It is 
a gauge of important national indicators, giving a simple, honest and objective picture of how the country is 
doing, https://www.stat.ee/news-release-2019-123. 

26 

 
 
 
 
 
 
 
 
 
                                                   
worker’ is complicated. An employee and a worker could both be translated as ‘töötaja’ or 
‘tööline’, and a person who works under the CSA is ‘teenistuja’. In Estonian, ‘worker’ has 
a broader meaning and an employee is associated with contractual relations. In legal texts, 
there  is  a  quite  clear  distinction  in  English  between  an  employee  and  a  worker.  In  this 
sense it could be concluded that workers in the legal sense exist in Estonia. For the most 
part, their work is covered by the Law of Obligations Act (LOA). There are also seasonal 
workers who do not have  written (employment) contracts, but whose work is based on 
oral  agreements,  where  both  the  ECA  and  the  LOA  could  be  applied,  depending  on  the 
agreement. 

The LOA covers two types of contracts for work: authorisation agreements and contracts 
for services. In both cases the work provider is defined. Article 619 of the LOA defines ‘a 
mandatary’  as  a  person  who  undertakes  to  provide  services  to  another  person  (the 
mandator)  pursuant  to  an  agreement  (an  authorisation  agreement  to  perform  the 
mandate), under which the mandator undertakes to pay remuneration to the mandatary. 
Article  622  of  the  LOA  specifies  that  it  is  presumed  that  a  mandatary  will  perform  the 
mandate in person. A mandatary also has the right to use the assistance of third parties 
in performing the mandate. 

Article 635 of the LOA defines a contractor as a person who undertakes to manufacture or 
modify a thing or to achieve any other agreed result by providing a service (work), and 
the other person (the customer) undertakes to pay remuneration as agreed by the contract 
of services. 

4.3.2  Definition of the material scope (Article 14(1) of Recast Directive 2006/54) 

Article 29 of the Constitution concerns the right to choose the area of activity, profession 
and position of employment. Sex discrimination in professional life is prohibited by Article 
6 of the GEA.76 

Article 2(1)(1) of the ETA explicitly stipulates that if restrictive conditions are set for the 
access  to  employment,  to  self-employment  or  to  occupation,  including selection  criteria 
and recruitment conditions, as well as for promotion, it is discrimination and is prohibited. 
The ETA highlights grounds for discrimination in connection with access to employment: 
nationality (ethnic origin), race or colour.  

Article  3(1)(1)  of  the  GEA  relates  to  access  to  gender  equality,  which  covers  the  equal 
rights, obligations, opportunities and responsibility of men and women in professional life, 
when entering education and when participating in other areas of social life. 

Article 10 of the GEA specifies that educational and research institutions and institutions 
engaged  in  the  organisation  of  training  must  ensure  the  equal  treatment  of  men  and 
women  in  vocational  guidance,  acquisition  of  education,  professional  and  vocational 
development and re-training. 

Article 11 of the GEA provides that in the promotion of equal treatment of men and women, 
an  employer  must  act  in  such  a  way  as  to  support  both  men  and  women  to  apply  for 
vacant  positions  and  ensure  that  persons  of  both  sexes  are  employed  to  fill  vacant 
positions. 

The scope is the same as the scope of Article 14(1) of Recast Directive 2006/54. 

76   https://www.riigiteataja.ee/en/eli/516012019002/consolide. 

27 

 
 
 
 
 
 
 
 
 
 
 
                                                   
4.3.3  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

Article 5(2) of the GEA explains situations that are not considered to be discriminatory. It 
describes  differences  in  treatment  due  to  a  person’s  sex  in  relation  to  certain  activities 
(compulsory  military  service 
joining  women-only  or  men-only 
organisations), in access to employment, including the training required for employment, 
and when supplying goods and services. There can be several reasons and justifications 
for  differences  in  treatment  (context  and  nature  of  activities,  sex  as  determining 
requirement  etc).  Such  differences  in  treatment  should  be  justified  by  a  legitimate 
objective and must be proportional to the objective. 

for  men  only, 

4.3.4  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

Article 92 of the Employment Contracts Act prohibits the cancellation of an employment 
contract  of  the  pregnant  employee  and  of  any  employee  who  has  important  family 
obligations. Job applicants are seen as employees and a pregnant job applicant has the 
same  rights  as  employees  with  an  employment  contract.  In  redundancy  situations,  an 
employee  who  is  raising  a  child  under  three  years  has  the  preferential  right  of  keeping 
their job.  

The Gender Equality and Equal Treatment Commissioner reports an increasing number of 
claims in connection with pregnancy.77 

4.3.5  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

Article 5(2)(1) of the GEA stipulates that provisions concerning the special protection of 
women  in  connection  with  pregnancy  and  childbirth  are  not  considered  to  be  direct  or 
indirect  discrimination  based  on  sex.  Pregnancy  and  maternity  protection  is  explicitly 
stipulated in the ECA, CSA and OHSA. 

A  pregnant  employee  and  an  employee  who  has  the  right  to  pregnancy  and  maternity 
leave  have  the  right  to  demand  that  the  employer  temporarily  provide  them  with  work 
corresponding to their state of health. 

4.3.6  Particular difficulties 

Due to strong gender segregation in the labour market there might be a need to introduce 
specific temporary measures to give advantages to the underrepresented sex. It is possible 
that discrimination exists in relation to access to work, vocational training, employment 
and working conditions. 

Discrimination  in  professional  life  is  prohibited  and  situations  where  discrimination  may 
occur  are  listed  in  Article  6  of  the  GEA.  Article  6  entered  into  force  in  October  2009. 
However, pregnant women and persons with family obligations still find it difficult to get a 
job. Article 6(4) of the GEA stipulates that employers and legal persons or sole proprietors 
entered in the register of economic activities as labour-market service providers must not 
request  information  (such  as  information  relating  to  pregnancy,  childbirth,  parenting, 
performance  of  family obligations  or  other  circumstances  related  to  gender)  which  may 
place a job applicant in a less favourable situation.  

77   https://volinik.ee/wp-content/uploads/2019/06/2018_aastaaruanne_voliniku-kantselei_.pdf. 

28 

 
 
 
 
 
 
 
 
 
 
 
                                                   
According to Article 11 of the ECA, in pre-contractual negotiation processes, including job 
advertisements or job interviews, only questions with a legitimate interest can be asked. 
Hidden  discrimination  exists.  It  is  common  practice  in  Estonia  for  job  applicants  to  be 
asked  questions  about  their  personal  life.78  The  Gender  Equality  and  Equal  Treatment 
Commissioner received in total 304 claims and communications in 2018. 137 claims were 
gender-related.  According  to  the  Annual  Report  of  the  Gender  Equality  and  Equal 
Treatment Commissioner, claims in connection with pregnancy have increased in recent 
years.79  

4.3.7  Positive action measures (Article 3 of Recast Directive 2006/54)  

There  are  no  positive  temporary  measures  to  achieve  full  equality  between  men  and 
women in working life in Estonia. The only positive temporary measures that have been 
used in the public sector were aimed at people with disabilities. 

4.4  Evaluation of implementation 

Estonia is an ageing society and the consequent labour shortage is a problem. There are 
projects targeted at encouraging the older generation (aged 50 and above) to stay in the 
labour market or to get a job.  

The priorities of Estonia’s Active Ageing Development Plan 2013–2020 include creating an 
age-friendly  society,  ensuring  quality  of  life  for  the  elderly,  and  creating  equal 
opportunities for the elderly in social, employment, education and health policy.80 

On the other side of the equation, older people are not the preferred employees, and age 
discrimination in recruitment processes is widespread. There are no court cases on direct 
discrimination  regarding  recruitment  processes,  but  there  are  some  cases  on  the 
extraordinary  cancellation  of  employment  contracts  of  pregnant  employees  and  older 
employees. 

The  law  provides  support  to  employees  who  are  fulfilling  family-related  duties,  but 
pregnant  women  and  parents  fulfilling  family  obligations  often  experience  serious 
problems, although the majority of cases remain unreported.  

4.5  Remaining issues 

Puur  and  Vseviov  (2018)  point  out  that  family  policies  should  be  complemented  by 
appropriate  measures  in  other  sectors  (e.g.  labour  market  policies,  housing  policies, 
integration  policies).  It  also  is  important  for  policy  developers  to  consider  the 
heterogeneous needs and preferences of individuals and families.81 

78   The media (newspapers, the internet) are popular labour-mediation services providers. In cv forms, 
employers will usually ask for the applicant’s sex and age, and often about family and children.  

79   Gender Equality and Equal Treatment Commissioner (Võrdsete võimaluste volinik ja kantselei) (2019), 
Annual Report 2018 (2018. aasta aruanne riigikogu põhiseaduskomisjonile). Available in Estonian: 
https://volinik.ee/wp-content/uploads/2019/06/2018_aastaaruanne_voliniku-kantselei_.pdf. 

80   Available in Estonian at: https://www.sm.ee/sites/default/files/content-

editors/eesmargid_ja_tegevused/Sotsiaalhoolekanne/Eakatele/aktiivsena_vananemise_arengukava_2013-
2020.pdf. 

81   Puur, A., Vseviov, H. (2019), ‘Eesti sündimusareng ja perepoliitika võimalused’ (Fertility development and 

family policies in Estonia), Akadeemia, 2019(3), pp. 387–429. 

29 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)82 

5.1  General (legal) context 

5.1.1  Surveys and reports on the practical difficulties linked to work-life balance 

Biin  (2017)  has  studied  problems  with  the  generous  but  rigid  parental  leave  system  in 
Estonia and legal developments to tackle these issues.83 

5.1.2  Other issues 

Negotiating working arrangements between employer and employee is possible, but there 
are  often  problems  reaching  mutual  agreement.  Article  47(1)  of  ECA  specifies  the 
organisation of working time. 

5.1.3  Overview of national acts on work-life balance issues 

There are provisions in relation to pregnant employees and employees who have a right 
to  take  pregnancy  leave.  The  ECA  and  CSA  include  articles  connected  with  working 
conditions, health and job protection. Non-discrimination and equal treatment are stressed 
in the GEA and ETA. Less favourable treatment of a person in connection with pregnancy 
and  childbirth,  parenting,  or  the  performance  of  family  obligations  constitutes  direct 
discrimination. 

Amendments to the legal acts regarding family-related leave were adopted on 6 December 
2017  and  17  October  2018.  The  Employment  Contracts  Act84  and  Family  Benefits  Act85 
were amended.  

Transitional  provisions  were  planned  for  the  period  2018-2020.  Some  changes  entered 
into force on 1 March 2018 (the allowance for multiple birth of three or more children). 
More  changes  will  enter  into  force  on  1  September  2019.  On  1  September  2019, 
transitional provisions concerning the payment of parental benefit and childcare allowance 
will enter into force (payment of the childcare allowance will no longer be monthly) and 
on 1 July 2020 (paternity leave will be extended to 30 days, paid by the state). The new 
paternity leave will apply to fathers, whose child is born after 30 June 2020. These legal 
transpositions allow for more flexibility regarding parental leave arrangements.  

The  period  for  calculating  parental  benefit  will  be  changed.  This  is  in  order  to  avoid 
manipulation  of  the  declared  annual  income.  As  of  1  September  2019,  the  basis  for 
calculation will be the amount of  income  earned over the course  of 12 months, but the 
starting point will change. The nine months preceding the month of birth of the child will 
be subtracted and then the income of the previous 12 months will be the basis for parental 
benefit (i.e. date of childbirth minus nine previous months and then an average of income 
earned over the course of preceding 12 months). 

82   See Masselot, A. (2018) Family leave: enforcement of the protection against dismissal and unfavourable 
treatment European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015) Measures to address the 
challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway, European 
network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/3631-reconciliation. 

83   Biin, H. (2017), ‘Estonia: Reform of the parental leave and benefit system to better reconcile work and 

family life’, ESPN Flash Report 2017/62, www.ec.europa.eu/social/BlobServlet?docId=18228&langId=en. 
84   Estonia, Employment Contracts Act (Töölepingu seadus), RT I, 19.03.2019, 95. Available in Estonian at: 

https://www.riigiteataja.ee/akt/119032019095. 

85   Estonia, Family Benefits Act (Perehüvitiste seadus), RT I, 26.10.2018, 3, 

https://www.riigiteataja.ee/en/eli/521012019006/consolide; Perehüvitiste seadus, RT I, 13.03.2019, 105. 
Available in Estonian at: https://www.riigiteataja.ee/akt/113032019105. 

30 

 
 
 
 
 
 
 
 
 
 
                                                   
5.1.4  Political and societal debate and pending legislative proposals 

There has been no  further political and societal debate  due to the adoption of the  legal 
amendments. However, due to changes to income tax, which is now progressive, there is 
a debate on the payment regime for pregnancy and maternity leave: it is proposed that 
such payments are split if they are expected to be paid at the end of the financial year. 

5.2  Pregnancy and maternity protection 

5.2.1  Definition in national law 

A pregnant employee is an employee who has informed the employer  of her pregnancy 
and has a health certificate issued by a GP or a gynaecologist (Article 18 and 93(3) of the 
ECA).  

This definition is consistent with the definition in Article 2 of Directive 92/85. 

5.2.2  Obligation to inform employer 

The employer must be informed of the employee’s pregnancy.  

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 

birth and/or a worker who is breastfeeding 

There are no cases from the Supreme Court regarding a pregnant worker, a worker who 
has recently given birth and/or a worker who is breastfeeding. 

5.2.4  Implementation of protective measures (Articles 4-6 of Directive 92/85) 

Working conditions should correspond to the state of health of employee who has informed 
her  employer  about  her  pregnancy  (Article  18  of  the  ECA).  Pregnant  employees  and 
employees who have the right to pregnancy and maternity leave have the right to demand 
that  the  employer  temporarily  provides  them  with  work  corresponding  to  their  state  of 
health if the employee’s state of health does not allow for the performance of the duties 
prescribed in the employment contract on the agreed conditions. If the employer cannot 
provide the employee with work corresponding to her state of health, the employee may 
temporarily refuse to perform the duties. 

Article  18(5)  of  the  ECA  stipulates  that,  upon  termination  of  pregnancy  and  maternity 
leave,  a  woman  has  the  right  to  the  improved  working  conditions  that  she  would  have 
been entitled to during her absence. Article 19(2) of the ECA states that an employee has 
the right to refuse to perform work if an employee is temporarily incapacitated for work. 
Article 21(3) of the ECA provides that a pregnant woman and an employee raising a child 
under the age of three or a disabled child may be sent on a business trip only with his or 
her  consent.  Article  44(5)  of  the  ECA  prescribes  that  working  overtime  cannot  be 
demanded from a pregnant woman or an employee who has the right to pregnancy and 
maternity leave.  

Similar  protective  measures  are  specified  in  the  CSA.  If  an  official  is  appointed  to  the 
service for a specified term, their contract will be suspended for the period while the official 
is  on  maternity,  adoptive  or  parental  leave  (Article  23(4)  of  the  ECA).  The  working 
conditions of pregnant officials and officials who have a right to pregnancy and maternity 
leave are specified in Article 48 of the CSA. 

5.2.5  Case law on issues addressed in Articles 4 and 5 of Directive 92/85 

There are no cases on issues addressed in Articles 4 and 5 of Directive 92/85. 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.2.6  Prohibition of night work 

Night work for pregnant employees is not prohibited; night work could be performed upon 
mutual agreement. Article 44(5) of the ECA prescribes that working overtime cannot be 
demanded  from  a  minor,  a  pregnant  woman  or  an  employee  who  has  the  right  to 
pregnancy and maternity leave. 

5.2.7  Case law on the prohibition of night work 

There are no cases on the prohibition of night work. 

5.2.8  Prohibition of dismissal  

Article 92(1) of the ECA and Article 100(1) of the CSA prohibit the dismissal of pregnant 
employees.  

The  dismissal  of  a  pregnant  employee  is  possible  under  the  ECA  and  the  CSA  in 
extraordinary  cases.  Article  93  of  the  ECA  provides  specifications  for  cancelling  the 
employment contract of a pregnant woman or person raising a child under the age of three 
(e.g. bankruptcy, economic difficulties of  employer). Article 105(1) of the CSA provides 
that upon liquidation of the authority, it is allowable to release from service an official who 
is pregnant, who has the right to pregnancy and maternity leave or who is raising a child 
under the age of three. 

A dismissed pregnant official or official who has the right to pregnancy and maternity leave 
(or who is raising a child under the age of seven) has a right to claim compensation and 
reinstatement. 

Article 95 of the ECA requires that the cancellation of an employment contract be declared 
in  writing.  The  employer  must  justify  the  cancellation.  An  employee  must  justify  their 
extraordinary  cancellation  of  the  contract.86  For  instance,  the  employee  may  cancel  an 
employment contract  extraordinarily due to a  reason  related to the  employee's state  of 
health or family duties. 

The reason for dismissal must be given to the employee in writing or a format that can be 
reproduced in writing. In the civil service, an administrative order should be issued (Article 
103(1) of the CSA). In this administrative act, the reason for release should be specified 
(Article 103(2)(4) of the CSA). 

5.2.9  Redundancy and payment during maternity leave 

When  an  employee  is  made  redundant  during  her  maternity  leave,  the  payment  for 
maternity leave does not cease. Payment for pregnancy and maternity leave is calculated 
on the basis of the former salary, regulated by the HIA and paid by the Health Insurance 
Fund.  

5.2.10 Employer’s obligation to substantiate a dismissal 

In  the  case  of  a  discrimination  claim  and  a  labour  dispute,  the  employer  must  provide 
substantiation for the dismissal. 

86   The ways in which an employment contract can be cancelled are stipulated in Articles 85-94 of the ECA. An 
employee is not obliged to give the employer advance notice of extraordinary cancellation if, considering all 
circumstances and mutual interests, it cannot be reasonably demanded that the performance of the 
contract be continued until the expiry of the agreed term or term for advance notice. The employee may 
cancel an employment contract extraordinarily due to a reason related to the employee, in particular if the 
employee's state of health or family duties do not allow him or her to perform the agreed work and the 
employer does not provide him or her with suitable work. 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.2.11 Case law on the protection against dismissal 

Pregnant employees have special protection. However, there are few court cases from the 
county court where a pregnant employee has accused her employer of discrimination on 
the ground of pregnancy. If an employer can point to poor work results and prove that the 
dismissal was not due to pregnancy, the claimant will lose the case. Employers appear to 
have  the  stronger  position  in  such  disputes.  This  is  mainly  due  to  high  litigation  costs, 
which result in cases not being brought to the Supreme Court and only being resolved by 
the  labour  dispute  committees  or  by  the  court  of  first  instance.  However,  the  Labour 
Inspectorate  can  conduct  a  more  careful  investigation  where  employers  stress  the 
incompetence of the pregnant employee as the main reason for the dismissal.87  

There have been some cases before the labour dispute  committee, where the employer 
has argued that an employee had not informed them about her pregnancy and therefore 
the termination of the employment contract was permissible.88 

5.3  Maternity leave 

5.3.1  Length 

According to Article 59 of the Employment Contracts Act (ECA), which entered into force 
on 1 July 2009, a woman has the right to 140 calendar days of pregnancy and maternity 
leave. Pregnancy leave is 70 days, and maternity leave is 70 days – applicable only to the 
mother.  After  the  maternity  leave,  parental  leave  follows,  which  could  be  taken  by  the 
father or another family member. Their job is protected until the child is three years old. 
Persons  working  under  the  Law  of  Obligations  Act  are  not  entitled  to  maternity  leave  if 
their  contract  has  lasted  less  than  one  month.  Self-employed  women  have  a  right  to 
maternity benefit, but not to maternity leave.  

All universal family benefits also apply to persons working under the Law of Obligations 
Act. 

5.3.2  Obligatory maternity leave 

Taking  maternity  leave  is  not  obligatory  and  there  is  no  obligatory  minimum  period  of 
maternity leave. Girls and women who do not have an employment relationship or are not 
involved in studies, have no right to maternity leave. The employee has the right to take 
or  interrupt  pregnancy  and  maternity  leave.  Pregnancy  leave  before  birth  should  start 
between  30  and  70  days  prior  to  the  expected  birth,  when  a  woman  wants  to  get  the 
benefit for 70 days paid by the state. During such leave, a benefit equal to the woman’s 
average daily income is payable by the Health Insurance Fund. Pregnancy leave could be 
shorter  than  30  days,  but  the  benefit  is  paid  for  the  number  of  days  actually  used  as 
pregnancy  leave.  Maternity  leave  is  70  days  and  can  be  used  only  by  the  mother  or 
adoptive parent. The mother can also continue to work, if there is a possibility, need or 
willingness. Fathers cannot take paid parental leave during the 70 days after their child is 
born.89 They can apply for paid parental leave when the child is 70 days old. 

If mother has not used any maternity leave, then parental benefit will be paid from  the 
day the child was born. 

87   Labour Inspectorate (2018) Töövaidluskomisjoni menetluses olnud ebavõrdse kohtlemisega seotud 

töövaidlusasjad 2017 (Labour disputes based on unequal treatement in 2017), 
https://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Meedia_ja_statistika/Toeoevaidlused/Ebavords
e_kohtlemise_vaidlused_2017__1_.pdf. 

88   Labour Inspectorate (2019), Labour disputes related to unequal treatment in 2018, available in Estonian at: 
https://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Meedia_ja_statistika/Toeoevaidlused/TVK_men
etluses_olnud_diskrimineerimisvaidlused_2018.pdf. 

89   Fathers can take 10 days paid paternity leave. 

33 

 
 
 
 
 
 
 
 
 
 
                                                   
5.3.3  Legal protection of employment rights (Articles 5, 6 and 7 of Directive 92/85)  

Article 18(1) of the ECA stipulates that pregnant employees and employees who have the 
right  to  pregnancy  and  maternity  leave  have  the  right  to  demand  that  the  employer 
temporarily provide them with work corresponding to their state of health if the employee’s 
state  of  health  does  not  allow  for  the  performance  of  the  duties  prescribed  in  the 
employment contract on the agreed conditions. Article 18(2) of the ECA provides that if 
the employer cannot provide the employee with work corresponding to his or her state of 
health, the employee may temporarily refuse to perform the duties.  

5.3.4  Legal protection of rights ensuing from the employment contract  

Maternity  and  subsequent  parental  leave  are  job-protected  for  employees  and  officials 
(working  under  the  ECA  and  under  the  CSA).  All  employed  mothers  are  eligible  for 
maternity  leave,  including  workers  with  temporary  contracts  if  the  contract  lasts  more 
than  one  month.90  Self-employed  people  and  members  of  boards  qualify  for  maternity 
benefits on the  same conditions as  employees and officials, even without taking up the 
leave.  

5.3.5  Level of pay or allowance 

Maternity allowance is paid by the state. Article 54(1)(4) of the Health Insurance Act (HIA) 
prescribes the payment of 100 % (benefit for temporary incapacity for work). 

The pregnancy and maternity leave allowance is higher (100 %) than the average pay for 
a day of sick leave (70 %). In the event of illness, quarantine, non-work or a traffic injury 
and the complications or illnesses caused by it, the benefit is paid by the employer from 
day 4 to day 8. After day 9, sickness benefits are paid by the Health Insurance Fund. 

According to Article 54(1)(4) of the  HIA, maternity leave is a paid leave (100 %  of the 
average income of the insured person per calendar day based on the data on payment of 
social tax available from the Tax and Customs Board). There is no ceiling. 

5.3.6  Additional statutory maternity benefits 

Childbirth allowance is a single benefit paid upon the birth of a child in the amount of EUR 
320. In the case of triplets, the allowance is EUR 1000 per child (EUR 3000 in total). Some 
enterprises  have  introduced  a  maternity  grant  (single  payment).  Maternity  benefits  are 
paid by the state. Some local government authorities have introduced a single payment 
as a maternity grant.  

5.3.7  Conditions for eligibility (Article 11(4) of Directive 92/85) 

Special conditions exist: 

- 

- 

- 

a  precondition  of  receiving  payments  from  the  Health  Insurance  Fund  is  to  be  an 
insured person;91 
the  minimum  wage  (EUR  500  per  month  in  2018)  is  paid  to  mothers  who  did  not 
work during the previous calendar year but have worked prior to the birth of a child;  
for  women  who  have  not  worked  before  their  pregnancy,  the  state  minimum  of 
maternity benefits will be paid (EUR 500 per month in 2018); 

90   The law was amended; previously, there was a requirement for a contract of a minimum of three months to 

get social security. 

91   Article 5 of the HIA provides a definition of the insured person. A payer of social tax (employer, the state 
agency, local authority, contractor, spouse, person herself or himself) must pay social tax in accordance 
with the procedure, in the amounts and within the time limits provided for in the Social Tax Act. This is also 
true for a person considered equal to such persons on the basis of the HIA or on the basis of a contract 
specified in Article 22 of HIA, https://www.riigiteataja.ee/en/eli/511012018002/consolide. 

34 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
- 

people who worked under the LOA are expected to have had at least a one-month 
contract prior to applying for benefits. 

In respect of the payment of benefits the ECA refers to the HIA. Article 58(4) of the ECA 
stipulates that there is a right to obtain compensation for pregnancy and maternity leave 
in accordance with the HIA. Article 50(3) of the HIA states that the types of benefit for 
temporary  incapacity  for  work  are  sickness  benefit,  maternity  benefit,  adoption  benefit 
and care benefit. The procedure  for granting and  the payment  of benefit for temporary 
incapacity for work is provided in the HIA. 

5.3.8  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

Article 18(5) of the ECA and 48(5) of the CSA provide that, upon termination of pregnancy 
and maternity leave, a woman has the right to the improved working conditions that she 
would have been entitled to during her absence. 

Article 23 of the CSA provides special provisions for persons who have been appointed to 
the  service  for  a  specified  term.  Article  23(4)  states  that  the  service  position  will  be 
suspended for an official who is on maternity, adoptive or parental leave. 

5.3.9  Legal right to share maternity leave 

Maternity leave cannot be shared. 

5.3.10 Case law 

There is no relevant case law. 

5.4  Adoption leave 

5.4.1  Existence of adoption leave in national law 

Adoption  leave  is  70  days  following  the  date  of  entry  into  force  of  the  court  judgment 
approving  the  adoption  (if  a  child  is  under  10),  paid  entirely  by  the  state.  An  adoptive 
parent has all the same rights as biological parents. 

5.4.2  Protection against dismissal (Article 16 of Directive 2006/54) 

Article 92 of the ECA provides that an employer may not cancel an employment contract 
on the ground that the employee is pregnant or has the right to pregnancy and maternity 
leave, or that the employee performs important family obligations. Article 93 of the ECA 
specifies  the  terms  under  which  cancellation  of  an  employment  contract  of  a  pregnant 
woman  or  person  raising  a  child  below  the  age  of  three  is  prohibited.  Cancellation  is 
prohibited if the employee has notified the employer of her pregnancy or of the right to 
pregnancy and maternity leave before receipt of a declaration of cancellation or within 14 
calendar  days  thereafter.  At  the  request  of  the  employer,  the  employee  must  submit  a 
certificate confirming pregnancy issued by a doctor or midwife. 

Estonia also provides family benefits for adoption. Adoption allowance is a single allowance 
paid to an adoptive parent from whom an adopted child does not descend and who is not 
a stepparent of the child, if childbirth allowance has not been paid to the family for the 
same child earlier. 

The amount of the adoption allowance is a single payment of EUR 320 per adopted child. 

35 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.4.3  Case law 

There is no relevant case law. 

5.5  Parental leave 

5.5.1  Implementation of Directive 2010/18 

Article 62 of the ECA relates to parental leave, and states that a mother or father has the 
right to parental leave until his or her child reaches the age of three. One person may use 
parental leave at a time.  

Parental leave immediately follows maternity leave. The father of a child has the right to 
the parental benefit once the child has reached the age of 70 days. If the initial recipient 
of the parental benefit is the father, the mother must prove that she is not on parental 
leave.  A  more  flexible  parental  leave  regulation  has  been  discussed  and  some  legal 
amendments  were  adopted  in  December  2017.92  Amendments  regarding  additional 
earning and parental benefit payments and allowances for multiple births of three or more 
children entered into force on 1 March 2018.93 During the payment of parental benefits, it 
will  be  possible  for  a  parent  to  earn  an  income  of  up  to  half  of  the  maximum  rate  of 
parental benefits (in 2018, this is estimated to be EUR 1 544 per calendar month), without 
a decrease in benefits.  

Amendments regarding paternity leave for 30 days and more flexible leave arrangements 
and planning by parents will enter into force on 1 July 2020. 

Parental leave  is  generous  due  to  its  length  and  payment  scheme.  However,  it  has  the 
disadvantage of being a rigid arrangement with restrictive procedures (i.e. it is impossible 
to combine work and parental leave, additional earning can only be gained through another 
employer, parental leave can be taken by the mother or father, but not at the same time, 
etc).94 

5.5.2  Applicability to public and private sectors (Clause 1 of Directive 2010/18) 

Parental leave is applicable in the public and private sectors; parental leave is also possible 
for third sector employees (in NPOs, NGOs). 

5.5.3  Scope of the transposing legislation 

The  scope  of  the  national  transposing  legislation  includes  contracts  of  employment  or 
employment  relationships  related  to  part-time  workers,  fixed-term  contract  workers  or 
temporary agency workers. 

5.5.4  Length of parental leave 

Parental leave is a family entitlement that can be used until the child reaches the age of 
three.  

5.5.5  Age limits 

The leave can be used until the child reaches the age of three. 

92   Estonia, Family Benefits Act (Perehüvitiste seadus), RT, I, 08.07.2016,1; RT I, 28.12.2017, 62, 

https://www.riigiteataja.ee/en/eli/509022018001/consolide.  

93   An overview of the changes regarding parental leave and benefits is available in English: 

https://news.err.ee/632922/government-approves-amendments-to-estonia-s-parental-leave-benefits-
system. 

94   Biin, H. (2017), ‘Estonia: Reform of the parental leave and benefit system to better reconcile work and 

family life’, ESPN Flash Report 2017/62, www.ec.europa.eu/social/BlobServlet?docId=18228&langId=en. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.5.6  Individual nature of the right to parental leave  

Only one parent at a time may use parental leave. The entire period of the parental leave 
is transferable, but cannot be used by parents at the same time. There are plans to make 
that requirement less rigid in 2020. 

Legal amendments are planned that would give an option for parents to pause and resume 
the payment of parental benefit on a calendar month basis in the course of three years.  

5.5.7  Transferability of the right to parental leave  

Parents can choose who takes parental leave (Article 62 of the ECA). Parental leave is a 
family right.95 Someone else may use the parental leave in place of one of the parents. 
Article 33(1) provides that a parent, adoptive parent, parent's spouse, guardian or foster 
parent  has  the  right  to  receive  parental  benefit.  Family  benefits  are  benefits  in  cash 
financed from the  state budget through the Ministry of Social Affairs,  which are paid to 
ensure  the  well-being  of  families  with  children.  The  benefit  is  granted  until  the  day  the 
child reaches 18 months of age. 

Grandparents can also be carers and be entitled to parental leave.  

5.5.8  Form of parental leave 

Legal amendments were made regarding combining work and parental leave.  

Before  1  March  2018  parents  or  persons  giving  care  were  expected  to  interrupt  their 
parental leave if they wanted work. From 1 March 2018 it is possible to have part-time 
work and parental leave at the same time, but only for one parent or carer at the same 
time. There is a ceiling on such earnings and above that ceiling some earned income could 
be deducted from the final payment. Carers could work also for another employer during 
their parental leave, but then they would lose part of their monthly parental benefit.  

5.5.9  Work and/or length of service requirements (Clause 3(b) of Directive 2010/18)  

There is no service or work requirement to be entitled to parental leave. The state pays a 
minimum rate for those who have not worked before getting a child. The calculation used 
to determine the amount of maternity and parental benefit is based on the salary at work 
or  in  service  before  becoming  a  parent  during  preceding  calendar  year.  In  case  of 
successive fixed-term contracts, the sum of these contracts is taken into account for the 
purpose of calculating maternity and parental benefits. 

5.5.10 Notice period 

The notice period is 14 days, as stipulated in the ECA and in the CSA. 

5.5.11 Postponement of parental leave (Clause 3(c) of Directive 2010/18) 

There are conditions of access to and detailed rules for applying for parental leave. The 
postponement  of  parental  leave  is  not  provided  for  and  justification  reasons  are  not 
accepted. The period of leave is until the child reaches the age of three. Before 1 March 
2018, parents were allowed to interrupt their parental leave and go to work, but since 1 
March  2018,  a  parent  can  work  and  take  parental  leave  at  the  same  time,  although 
parental leave cannot be postponed. Legal amendments made in 2019 give more options 
for combining work and parental leave; the amendments enter into force on 1 July 2020. 

95   Legal amendments adopted in 2019 and entering into force on 1 July 2020 make transferability possible. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.5.12 Special arrangements for small firms (Clause 3(d) of Directive 2010/18) 

There are no special arrangements for small firms. 

5.5.13 Special rules and exceptional conditions for parents of children with a disability or 

long-term illness (Clause 3(3) of Directive 2010/18) 

There  are  no  special  rules/exceptional  conditions  for  access  and  forms  of  application  of 
parental leave to the needs of parents of children with a disability or a long-term illness, 
but there are special childcare arrangements after the parental leave period. 

5.5.14 Measures addressing the specific needs of adoptive parents (Clause 4 of Directive 

2010/18) 

Adoptive parents have same rights as other parents. 

5.5.15 Provisions  protecting  workers  against  less  favourable  treatment  or  dismissal 

(Clause 5(4) of Directive 2010/18) 

A new Employment Contracts Act and the amended Gender Equality Act from 2009 provide 
legal  protection.  Article  92(2)  of  the  ECA  stipulates  that  cancellation of  an  employment 
contract  of  an  employee  who  is  pregnant  or  raising  a  child  under  three  years  of  age  is 
prohibited,  unless  the  employer  proves  that  it  cancelled  the  employment  contract  on  a 
basis permitted in the ECA. Article 3(1)(3) of the GEA states that less favourable treatment 
of a person in connection with pregnancy and childbirth, parenting, performance of family 
obligations or other circumstances related to gender is direct discrimination based on sex. 

5.5.16 Right to return to the same or an equivalent job (Clause 5(1) of Directive 2010/18) 

Upon the end of parental leave, a parent or caregiver has the right to get back to work 
and to the improved working conditions that she or he would have been entitled to during 
her absence. 

5.5.17 Maintenance of rights acquired or in the process of being acquired by the worker 

(Clause 5(2) of Directive 2010/18) 

The  worker’s  rights  are  maintained.  Article  18(5)  of  the  ECA  provides  that  upon 
termination  of  pregnancy  and  maternity  leave,  a  woman  has  the  right  to  enjoy  the 
improved working conditions which she would have been entitled to during her absence. 

5.5.18 Status of the employment contract or relationship during parental leave 

The employment contract is suspended during parental leave. 

5.5.19 Continuity of entitlement to social security benefits 

There  is  a  continuity  of  the  entitlements  to  social  security  cover  under  the  different 
schemes, in particular healthcare, during the period of parental leave. 

5.5.20 Remuneration 

The purpose of the current parental benefit is for a person whose income decreases due 
to  the  raising  of  a  child  to  retain,  through  a  support  grant  by  the  state,  their  previous 
income, to support the reconciliation of work and family life, and for persons who have not 
received income to be ensured income at the rate of parental benefit. The parent receives 
parental benefit equal to her/his average income in the previous calendar year because 
the parent interrupts work in order to raise the child. The period for the right to parental 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
benefit is 435 days.96 The rest of the parental leave period is unpaid (see section 5.5.4, 
above).  

5.5.21 Social security allowance 

A person who takes parental leave can also receive parental benefits. A parent, adoptive 
parent, step-parent, guardian or caregiver raising a child has the right to receive parental 
benefit.  

5.5.22 More favourable provisions (Clause 8 of Directive 2010/18) 

In 2017, the provision of an allowance to families with many children entered into force, 
providing  an  extra  EUR  300  per  month  in  addition  to  the  existing  child  allowance  for 
families  with  three  to  six  children.  Families  with  seven  or  more  children  will  receive  an 
additional EUR 400 a month. EUR 73.2 million was allocated for allowances to large families 
in 2018.  

There is some project-based support that offers childcare, support and transport services 
for children with a severe or profound disability.97 

5.5.23 Case law  

The Supreme Court judgement of 30 October 2019 declared the terms for calculating the 
parental benefit amount as specified in Articles 37(2) and 37(3) of the Family Benefits Act 
to be unconstitutional and void as of 1 September 2019. This judgment requires that, in 
the event of the employer’s insolvency, not only social tax paid by the (former) employer, 
but also payments by the Unemployment Insurance Fund should be taken into account. 
The  case  was  based  on  disagreement  between  the  parties  as  to  whether  the  Social 
Insurance  Board  was  applying  the  law  correctly  in  calculating  family  benefits,  if  in 
determining the amount of compensation paid by the Estonian Unemployment Insurance 
Fund, employer insolvency benefits paid by social security were not taken into account. If 
the  Social  Insurance  Board  took  into  account  the  social  security  contributions  paid  by 
insolvency  benefits,  the  appellant’s  parental  benefit  would  have  been  around  EUR  673 
higher.98 

There  had  been  a  problem  with  the  parental  benefit  calculation  in  the  previous  law 
(Parental  Benefit  Act,  1  January  2004  –  1  January  2017)  as  well.  The  constitutional 
judgment of 30 June 201699 modified the rule laid down in Article 3(7) (first sentence) of 
the PBA, meaning that Article 3(7) (first sentence) of the PBA had to be read in conjunction 
with the operative part of the Supreme Court constitutional review chamber judgment of 
14 May 2013. The Court en banc declared Article 3(7) (first sentence) of the PBA (in the 
wording  in  force  from  1  September  2007  to  13  May  2013)  to  be  in  conflict  with  the 
Constitution to the extent to which it prescribed a reduction of parental benefit (because 
due to delay on the part of the employer, the total of the income received during the period 
of receiving parental benefit and the parental benefit itself was less than if the employer 
had not delayed payment of remuneration).  

96   The formula for the calculation of family benefit is avaiable at: 

https://www.sotsiaalkindlustusamet.ee/en/family-and-child-protection/kinds-family-
allowances#Parental%20benefit%20amount%20calculation. 

97   Funded from the European Structural Fund in 2018–2020 to the extent of EUR 29.4 million.  
98   Supreme Court, Judgment of the Constitutional Review Chamber, No. 5-19-25 of 30 October 2019, 

https://www.riigikohus.ee/et/lahendid/?asjaNr=5-19-25/9. 

99   Supreme Court, Judgment of the Constitutional Review Chamber, No. 3-3-1-86-15 of 30 June 2016. 

39 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.6  Paternity leave 

5.6.1  Existence of paternity leave in national law 

Fathers can take 10 days of paid paternity leave. Leave take-up is flexible, and the leave 
can be taken in the two months before or the two months after the birth of a child. It can 
be  taken  in  blocks,  with  a  minimum  of  one  day  at  a  time.  If  there  are  two  or  more 
employers, all employers should make the leave available, but for 10 paid days in total. 

Pending  legal  amendments  will  enter  into  force  on  1  July  2020.100  Under  the  new 
arrangements, the period that forms the basis for calculating parental benefits will change, 
thus establishing a right for fathers to get one month of extra paternal leave  (individual 
right) and paternal benefit. From 1 July 2020, is will be  possible for  a mother  to be  on 
parental leave and a father to be on paternity leave at the same time. 

5.6.2  Protection against unfavourable treatment and/or dismissal (Article 16 of Directive 

2006/54) 

Parents who have a child under three years old have special protection from dismissal. 

5.6.3  Case law 

There have been no court cases, except some labour disputes at the Labour Inspectorate 
and some claims to the Gender Equality and Equal Treatment Commissioner. The opinions 
of the Commissioner are not legally binding. 

5.7  Time off/care leave 

5.7.1  Existence of care leave in national law (Clause 7 of Directive 2010/18) 

A mother or father who is raising a child of up to 14 years of age or a disabled child of up 
to 18 years of age has the right to child leave without pay of up to 10 working days every 
calendar year. Employees can take off five unpaid working days in order to care for a sick 
adult or disabled person. 

5.7.2  Case law  

There is no relevant case law. 

5.8  Leave in relation to surrogacy 

Surrogacy  is  prohibited.  The  child  has  a  mother  (the  term  ‘mother’  is  connected  with 
delivery, the woman who has given birth) or is adopted. Adoptive parents are entitled to 
parental leave. 

5.9  Flexible working time arrangements 

5.9.1  Right to reduce or extend working time 

There  is  a  legal  right  to  reduce  working  time  upon  agreement.  Article  43(1)  of  the 
Employment Contracts Act (ECA) stipulates that it is presumed that an employee works 
40 hours in a period of seven days (full-time work), unless the employer and the employee 
have agreed on a shorter working time (part-time work).101 

100  Amendments to the Family Benefits Act and related legal acts, RT I, 28.12.2017, 7. Available in Estonian 

at: https://www.riigiteataja.ee/akt/128122017007. 

101  Estonia, Employment Contracts Act (ECA, Töölepingu seadus), RT I 2009, 5, 35; RT I, 13.03.2019, 173, 

https://www.riigiteataja.ee/en/eli/520032019008/consolide. 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
If the employer is not willing to consider the employee’s request, working hours cannot be 
reduced.  The  employee’s  care  needs  do  not  give  the  right  to  advantages  for  setting  an 
exceptional  working-time  regime.  The  employer’s  statement  about  the  organisation  of 
work and working-time arrangements in the company is taken into account. On the other 
hand,  research  findings  show  that  flexible  organisation  of  work  can  positively  affect 
productivity and make employees happier.102 

The  employer  should  notify  a  full-time  employee  of  the  possibility  of  working  part-time 
and a part-time employee of the possibility of working full-time, considering the knowledge 
and skills of the employee (Article 28(10) of the ECA). 

5.9.2  Right to adjust working time patterns 

Employers and employees can negotiate working arrangements. Article 47(1) of the ECA 
specifies the organisation of working time. 

5.9.3  Right to work from home or remotely  

Article  6  of  ECA  regulates  working  conditions  in  special  cases.  Article  6(4)  of  the  ECA 
stipulates that if an employer and employee agree that the employee does work, which is 
usually done in the employer’s enterprise, outside the place of performance of the work, 
including at the employee’s place of residence (teleworking), the employer must notify the 
employee that the duties are performed by way of teleworking and it should be stated in 
an  employment  contract.  Many  companies  have  written  internal  regulations,  specifying 
work organisation. 

Working from home  or  remotely is a widespread phenomenon and  is often used due to 
changing forms of work and for reasons of labour force scarcity. 

5.9.4  Other legal rights to flexible working arrangements 

Article 47(1) of the ECA specifies organisation of working time. Employees must perform 
duties at the employer’s enterprise or facilities at the normal time (organisation of working 
time), unless agreed otherwise. The organisation of working time includes, in particular, 
the start and end of the working time and breaks during the working day.  

Additional free days for care stipulated by law expire at the end of the year and cannot be 
collected and compensated. 

5.9.5  Case law  

There is no relevant case law. 

5.10 Evaluation of implementation 

Estonia provides a long parental leave period, which can last until the child reaches three 
years old, with 435 days of parental benefit  paid at 100 % of former income.  Only one 
parent  at  a  time  is  entitled  to  use  the  parental  benefit.  The  state  guarantees  health 
insurance (until the child turns three  years  old) to the parent (or  caregiver) who is the 
recipient of parental allowances. The parental leave  system was rigid and reforms have 
been introduced to enable  more flexible leave  arrangements and the  option to  combine 
work and family. These reforms contribute to women’s career choices and could prevent 
disadvantaging women in the future in respect of their pension calculation.  

102  Rebane, M., Hein, H., & Hazak, A. (2017) ‘Does flexible work make R&D employees happier?’, TUT 

Economic Research Series, (1), TUTECON Research Brief No. RB-2017/1, 
https://www.ttu.ee/projektid/teadus-arendus-too-aeg-3/uurimuste/kas-paindlik-tookorraldus-teeb-ta-
tootajad-onnelikumaks/. 

41 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
Some amendments entered into force on 1 March 2018 (the ability to combine part-time 
work and parental leave), some amendments entered into force on 1 September 2019 and 
some legal changes enter into force  on 1 July 2020 (30 days paternity leave,  option to 
choose the parental benefits payment for 435 days within  the three-year period, option 
for parents to take some part of parental leave at the same time). 

The law is poorly implemented in relation to allowing employees who have taken parental 
leave to go back to the same work and to receive the same wage paid to other employees 
with an equivalent job.  

5.11 Remaining issues 

Substitute  home  services  and  family-based  care  services  organised  by  the  state  were 
reshaped  into  substitute  care  and  aftercare  services  organised  by  local  government.  A 
nationwide register for care families was created at the beginning of 2018. EUR 0.8 million 
has been allocated from the 2018 budget of the Ministry of Social Affairs for improving the 
quality  of  substitute  care  and  facilitating  family-based  substitute  care,  while  EUR  17.8 
million  has  been  allocated  from  the  local  government  support  funds  for  organising 
substitute and aftercare services.  

In 2017–2020, the state is supporting local government authorities and the private sector 
with EUR 2.5 million from ESF funds in order to establish new childcare and kindergarten 
places.  

The Ministry of Social Affairs in Estonia issued the first ‘family-friendly employer’ labels. 
The  labels  acknowledge  employers  who  have  made  efforts  to  ensure  a  family-friendly 
environment and equal treatment of their employees. 

Lone  parents  had  problems  in  getting  child  support  from  the  other  parent.  A 
EUR 5.3 million maintenance allowance scheme was launched in January 2017. The state 
ensures the accrual of a EUR 100 maintenance allowance for the child per month, which 
is  collected  from  the  debtor  of  maintenance  allowance.  Amendments  to  the  law  will  be 
introduced in order to enable the payment of maintenance allowance during the course of 
a bankruptcy procedure against the parent who is liable to pay maintenance.  

42 

 
 
 
 
 
 
 
 
 
6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Surveys  and  reports  on  the  practical  difficulties  linked  to  occupational  and/or 

statutory social security issues 

Estonia  has  not  managed  to  create  a  system  for  occupational  accident  insurance  and 
occupational disease insurance. The Occupational Health and Safety Act has been in force 
since July 1999.103 

The  Ministry  of  Social  Affairs  has  prepared  a  concept  paper  on  occupational  accident 
insurance. There are plans to establish a private occupational accident insurance fund.104  

There is a concept paper on a mandatory insurance system for healthcare professionals.105 

6.1.2  Other issues related to gender equality and social security 

There are no other issues related to gender equality and social security. 

6.1.3  Political and societal debate and pending legislative proposals 

The most burning issues under public debate are issues regarding the investigation and 
registration of occupational accident and occupational diseases, unpaid sickness allowance 
for the four first days, and low pensions.  

In July 2018, the Ministry of Social Affairs proposed introducing a Government-regulated 
private  occupational  insurance  system.  The  costs  would  be  covered  by  the  employer, 
rather  than  by  the  Health  Insurance  Fund  and  Unemployment  Insurance  Fund.106 
According  to  the  proposal,  the  Government-regulated  private  occupational  accident 
insurance system would be compulsory, and employers would have to insure employees 
against  accidents  at  work.  There  was  an  active  consultation  period.  Some  consultees 
expressed the view that there was a need to establish a legal entity under public law. The 
Estonian Employers’ Confederation opposed occupational accident insurance due to high 
costs for employers.107  

There has been a debate about the need for an insurance system for specialists who have 
caused (health) damage, although this has suggestion has not had any success; there is 
an issue with health professionals bearing the full liability for medical errors. 

103  The Occupational Health and Safety Act provides for the occupational health and safety requirements set 
for work performed by employees and officials (hereinafter employee), the rights and obligations of an 
employer and an employee in creating and ensuring a working environment which is safe for health, the 
organisation of occupational health and safety in enterprises and at state level, the procedure for challenge 
proceedings, and the liability for violation of the occupational health and safety requirements. There should 
be a working environment specialist who is an engineer competent in the sphere of working environment, 
or any other specialist who has received training concerning working environment and whom the employer 
has authorised to perform occupational health and safety duties. 

104  https://www.sm.ee/sites/default/files/content-editors/Uudised_pressiinfo/tooonnetuskindlustus.pdf. 
105  Estonian Medical Association (2016) ‘Tervishoiuteenuse osutajate kohustusliku kutsekindlustuse süsteemi 

loomine Eestis: Värskendatud kontseptsioon’. Available in Estonian at: https://arstideliit.ee/wp-
content/uploads/2016/02/SoM_vastutuskindlustus_värskendatud_kontseptsioon.pdf. 

106  Ministry of Social Affairs (2018), ‘Tööõnnetuskindlustuse väljatöötamise kavatsus’ (Intention to develop an 

occupational accident insurance system). Eelnõude infosüsteem. 

107  Social dialogue available in Estonian at: https://adr.rik.ee/som/dokument/5869783. 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
6.2  Direct and indirect discrimination 

Article  1(1)  of  the  GEA  prohibits  discrimination  in  all  areas  of  social  life.  The  GEA  is 
applicable  in  the  areas  of  social  protection,  provision  of  goods  and  services,  healthcare 
and housing. 

Article 5 of the GEA prohibits direct and indirect discrimination based on sex. Article 6 of 
the GEA prohibits sex discrimination in professional life, e.g. discriminatory conditions for 
remuneration or conditions for the provision and receipt of benefits related to employment. 

Article 126(1) of the Insurance Activities Act (IAA) stipulates that differences between the 
insurance premiums and insurance indemnities of women and men must not be based on 
the use of gender-based actuarial factors.108 Article 126(2) of the IAA specifies that neither 
pregnancy nor maternity should affect the amount of insurance premiums and insurance 
indemnities. 

6.3  Personal scope 

The personal scope specified in Article 6 of Directive 2006/54 applies to all members of 
the working population, including self-employed persons. In Estonia the personal scope is 
more restricted.  

Article 1(2) of the OHSA includes a long list of working persons and  explicitly mentions 
certain professions, but persons who work under Law of Obligations contracts are left out. 
The Labour  Inspectorate has  conducted awareness campaigns for people to understand 
the  difference  between  employment  contracts  and  authorisation  agreements  or  service 
contracts. Work contracts under the LOA do not offer any social security if the required 
amounts of social contributions are not paid. However, when applying gender equality and 
the  GEA,  people  who  work  under  the  LOA  are  also  seen  as  ‘employees’.  There  is  some 
space for an improvement of the legal text. 

There  are  serious  disparities  between  people  working  in  the  private  sector  and  those 
working in the public sector. Disabled people are poorly paid, but they have (a minimum 
level of) security from the statutory security system. 

6.4  Material scope 

Payments to voluntary occupational social security schemes by employees and employers 
are rare. 

If employers pay for employees’  sports activities, the  fringe benefit tax should be paid. 
Some companies make contributions to the employees’ pension fund. Granting  a special 
pension through the third pillar, however, requires an agreement between an official and 
the state. As such, insurance is voluntary.  

The Constitution stipulates the duty of the state to ensure public assistance in cases of old 
age,  incapacity  for  work,  or  loss  of  a  provider  of  livelihood.  At  the  same  time,  the 
Constitution provides a person’s right to health protection. Implementation of the OHSA 
has  required  many  regulations  for  occupational  safety  requirements  for  different 
occupations,  including  a  list  of  occupational  diseases,  but  occupational  social  security 
schemes are scarce. Occupational safety rules at workplaces are compulsory. The Labour 
Inspectorate handles state supervision regarding compliance with occupational health and 
safety requirements. 

108  The new version of the IAA was motivated by the EU insurance supervision reform. Insurance Activities Act 

(IAA), https://www.riigiteataja.ee/en/eli/529012018003/consolide. 

44 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
On 1 April 2013, the amended CSA entered into force, introducing a distinction between 
officials (state  or local government officials  who perform the functions of the authority) 
and support personnel. The period of employment in the civil service (from 1 April 2013, 
for  officials  only)  determines  the  right  to  increased  old-age  pensions  according  to  the 
person’s position and years of service.  

Several  professions  in  the  public  sector  have  been  given  special  occupational  pensions. 
Reforming this system is now under debate due to the high costs involved. The right to a 
special  pension is  still  granted  to  the  officials  of  the  defence  forces  and  police.  The  law 
enforcement system is male dominated. There are various opinions regarding whether the 
special pensions system of law enforcement should be changed or completely abolished. 
Judges were opposed to changes and won the decision that retired judges have a right to 
receive pensions connected with the growing wages of acting judges.109 The amount of a 
judge's  old-age  pension  and  superannuated  pension  is  75 %  of  the  salary  of  his  or  her 
most recent position, which was in force on the day as of which the pension is granted. 
Article 82(1) of the Courts Act stipulates that a judge’s pension is to be recalculated when 
there is a change in the amount of salary payable for this position according to which a 
judge’s pension is calculated. 

6.5  Exclusions 

There are no exclusions.  

6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

There is no relevant case law.  

6.7  Actuarial factors 

Sex is not used as an actuarial factor in occupational social security schemes. 

6.8  Difficulties 

Estonia  did  not  manage  to  create  a  system  for  occupational  accident  insurance  and 
occupational  disease  insurance.  Only  some  insurance  companies  offer  employees’ 
insurance  to  corporate  clients.  Employers  can  conclude  employees’  insurance  contracts 
(accident insurance, employer’s health insurance, travel insurance, pension supplements 
to the third pillar).  

Fringe benefits are taxable at the level of the employer. The employer pays income tax 
and social tax on fringe benefits. On 1 January 2015, an amendment to the Income Tax 
Act (ITA) entered into force to support employers’ tax burdens when they employ persons 
with  a  partial  loss  of  capacity  for  work.  Article  48(5.4)  of  the  ITA  stipulates  that  fringe 
benefits do not include expenses made for granting medical devices to an employee whose 
loss of capacity for work has been established to be 40 per cent and more (in the case of 
an  auditory  disability,  decrease  of  auditory  ability  of  30  decibels  and  more)  or  whose 
degree of disability has been determined and the value of which does not exceed 50 per 
cent of the total size of payments subject to social tax made to the employee during one 
calendar year. 

Life  insurance  is  optional.  Life  insurance  is  in  many  aspects  highly  gendered  and  there 
might be some indirect discrimination. It is  offered  to people with dangerous jobs (e.g. 
drivers,  builders,  policemen,  or  people  working  with  machinery  and  other  similar 
mechanisms).  Estonia  has  a  gender-segregated  labour  market  and  in  some  fields  of 

109  Supreme Court of Estonia, Judgment of the Constitutional Review Chamber No. 3-4-1-1-14 of 26 June 

2014, https://www.riigikohus.ee/en/constitutional-judgment-3-4-1-1-14. 

45 

 
 
 
 
 
 
 
 
 
 
 
                                                   
activities  more  work  accidents  occur.  In  2015-2017,  the  number  of  accidents  at  work 
increased.110 In 2017, 5 184 accidents at work (3 345 involving men and 1 839 involving 
women) were registered.111 

Life insurance is also offered to persons who are the main or sole providers in their family. 
In 2016, there were about 44 200 single-parent households. Women head the majority of 
single-parent families.  

6.9  Evaluation of implementation 

Estonia has not created an occupational accident insurance scheme. 

6.10 Remaining issues 

There are no remaining issues. 

110  Labour Inspectorate, http://www.ti.ee/est/meedia-trukised-statistika/statistika/tooonnetused/. 
111  Labour Inspectorate, http://www.ti.ee/est/meedia-trukised-statistika/statistika/tooonnetused/. 

46 

 
 
 
 
 
 
                                                   
7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Surveys and reports on the practical difficulties linked to statutory schemes of social 

security (Directive 79/7) 

The old-age pension consists of three  parts: base amount, length-of-service component 
and insurance component. The full pension is indexed annually, based on consumer price 
increases and social contribution revenues. The current legal principles of the state pension 
insurance system have been effective since 1999-2000. At that time, the old-age pension 
was linked to the amount of social tax paid by or on behalf of the person over their full 
career.  Mandatory  funded  pensions  started  from  2002.  Possibilities  for  supplementary 
funded pensions were created in 1998.  

Estonia  now  has  one  of  the  smallest  gender  pension  gaps,  due  to  the  influence  of  the 
pension able years until 31 December 1998. After the indexation of state pensions  of 1 
January 1999, the insurance component is taken into account when calculating the pension 
amount.  The  insurance  component  is  personal,  depends  on  the  social  tax  paid  for  the 
person.  This  means  that  the  salary  size  has  an  influence  of  the  insurance  component. 
Women in average, have paid less than men, women, therefor women often did not ‘earn’ 
the 1.000 index, and their work for one year is valued less than one year.112  

Ventsel (2018) has studied gender equality regarding social benefits. Ventsel found that 
gender equality is not guaranteed in paying parental benefits and pensions. It also became 
evident that both pension and parental benefit is influenced by part-time working, because 
this keeps parents away from the labour market.113 

After the paid parental leave period, parents have social security, but on a minimum level, 
and therefore the indexed pension year will be at the minimum level (0.222). That means 
that  caring  for  children  is  punished  in  a  monetary  sense  through  the  lower  pension. 
However,  the  state  offers  parents  the  possibility  of  claiming  an  old-age  pension  under 
favourable conditions, in the right to receive an old-age pension one to five years earlier.114  

Starting  from  1  January  2018,  an  additional  pension  supplement  in  the  amount  of  one 
yearly rate (EUR 6.627115 as  of 1 April 2019) will be calculated for one  parent for each 
child  born  before  1  January  2013,  and  who  was  raised  for  at  least  eight  years.  An 
application and the written consent of the other entitled person must be presented to the 
Social Insurance Board to receive the pension supplement. If several people are entitled 
to a pension supplement for the same children, they must reach an agreement who shall 
use this right. The agreement must be fixed in writing. 

112  Starting from 1 January 1999, the pension accumulation period calculation is based on the social tax. Under 
Article 26(7) of the State Pension Insurance Act, the Social Insurance Board calculates the pension; Index 
1.000 is the annual social tax paid by all taxpayers. If the social tax paid was lower than the Estonian 
average wages, the insurance component is also lower and the amount of one yearly rate is lower. If the 
salary was 50 % of Estonian average wage, then the index is 0.500 and the value of pension year is also 
50 % the calculated yearly rate (6 euros and 161 cents).  

113  Ventsel, A. (2018), Soolise võrdõiguslikkuse tagamine sotsiaaltoetuste maksmisel (Ensuring gender equality 

in paying social benefits), https://enut.ee/files/ventsel_angela.pdf.  

114  Estonia, State Pension Insurance Act, Article 10 

https://www.riigiteataja.ee/en/eli/504022019001/consolide. 

115 Index is expressed with with three decimal digits (thousandths), EUR 6.627 means here 6 euros and 627 

cents. 

47 

 
 
 
 
 
 
 
 
 
 
 
                                                   
 
7.1.2  Other relevant issues  

On 14 June 2012, Parliament adopted the Act on Amendments to the Social Tax Act and 
Other  Acts,  which  entered  into  force  on  1  August  2012.116  This  Act  ensures  the  equal 
treatment of female and male sole proprietors and offers an opportunity for equal social 
protection  of  spouses  participating  in  the  activities  of  sole  proprietors’  businesses.  This 
amendment  does  not  include  life  partners  or  people  who  are  freely  cohabiting  –  being 
married is a precondition for this arrangement. 

7.1.3  Overview of national acts 

According to Article 11(1) of the State Pension Insurance Act and Article 9 of the Funded 
Pensions Act, the old-age pension depends on the years of pensionable service and on the 
second  pillar  income,  and  for  that  reason  the  gender  pay  gap  has  an  influence  on  the 
future pensions of women and men. 

7.1.4  Political and societal debate and pending legislative proposals 

There was no relevant political and societal debate in 2018, except on low pensions and 
ageing society. 

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

The  principle  of  equal  treatment  for  men  and  women  in  matters  of  social  security  was 
implemented in national legislation. Equal treatment for men and women is  provided in 
Article 1(1) of the GEA, Article 126 of the IAA and in the OHSA. 

Article 1(1) of the GEA states that the purpose of the GEA is to ensure equal treatment of 
men  and  women  as  provided  for  in  the  Constitution  of  the  Republic  of  Estonia  and  to 
promote the equality of men and women as a fundamental human right and for the public 
good in all areas of social life. 

Article  126  of  the  IAA  stipulates  that  the  differences  between  insurance  premiums  and 
insurance indemnities of women and men must not be caused by the use of the gender 
factor  in  the  assessment  of  the  insured  risks.  Neither  pregnancy  nor  maternity  should 
affect the size of the insurance premiums and insurance indemnities.117 

Although the retirement age is currently different for women and men, it will be the same 
by  2026,  when  the  pensionable  age  will  be  65.  There  is  a  transition  period,  starting  in 
2017  for  the  people  born  in  1954-1960;  their  retirement  age  will  gradually increase  by 
three months for every year of birth. 

7.3  Personal scope 

Protection is ensured by state pension insurance on two levels. National pensions (the first 
pillar) is ensured for all residents of Estonia, and there are no gender differences, based 
on solidarity. The first pillar is financed by social contributions of 20 % of gross salaries, 
paid solely by employers and administered by the Social Insurance Fund. The second pillar 
is the mandatory funded pension, which is dependent on income earned (this was universal 

116  Estonia, Amendments to the Social Tax Act and related legal texts Act (Sotsiaalmaksuseaduse ja teiste 

seaduste muutmise seadus), 14 June 2012, http://www.riigikogu.ee/tegevus/eelnoud/eelnou/be4d767a-
e504-
4521-9b58-0080007ea808/Sotsiaalmaksuseaduse%20ja%20teiste%20seaduste%20muutmise%20seadus/
#. 

117  The article on the gender factor in risk assessment follows the requirements in EU Directive 2004/113/EC. 

Insurance Activities Act (IAA), https://www.riigiteataja.ee/en/eli/529012018003/consolide. 

48 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
before  1998,  but  was  index-linked  from  1  January  1999).  This  could  lead  to  indirect 
discrimination against women due to the significant gender pay gap (25 %).  

Old-age pension, incapacity-for-work and survivor’s pensions are based on former income 
and pensionable years. Women and men have the right to receive old-age pension if the 
person  has  reached  the  age  of  65  and  has  at  least  15  years  of  the  Estonian  pension 
qualifying period. 

Retired people can also work. However, judges are released from office once they reach 
68  years  of  age,  unless  the  maximum  age  of  the  judge  is  increased,  in  the  event  of 
substantial public interest from the point of view of the administration of justice. 

In the event of old age, incapacity for work or loss of a provider the state pays monthly 
financial social insurance benefits: a state pension. If self-employed persons have paid a 
minimum of social tax (the minimum payment is regulated by the state), in the event of 
their illness, work inability or retirement, their income will be very low.118  

7.4  Material scope 

There is a problem regarding the low wages of women (the gender pay gap being 25 % in 
2017),119 which leads to a gender pension gap in the future. Old-age, incapacity-for-work 
and  survivor’s  pensions  are  based  on  former  work  input.  Furthermore,  women’s  life 
expectancy is higher than men’s.  

7.5  Exclusions 

National law did not apply the exclusions as specified in Article 7 of Directive 79/7. 

7.6  Actuarial factors 

Until 2026, the retirement age for women and men will be slightly different in Estonia. 

7.7  Difficulties 

The  Estonian  social  protection  system  is  structured  around  three  contributory  social 
security  schemes:  pension  insurance,  health  insurance  and  unemployment  insurance. 
Pension  insurance  and  health  insurance  are  financed  from  a  social  tax,  while 
unemployment insurance is funded by unemployment insurance contributions. The other 
schemes  –  family  benefits,  state  unemployment  allowances,  national  pension,  death 
grants  and  social  benefits  for  the  disabled  –  are  non-contributory,  being  financed  from 
general state revenues.  

Pensions are  financed from social tax (13 %  of gross pay) and payments  for  sick leave 
also depend on social taxes (20 % of gross pay). This means that income inequalities of 
women and men are persistent – women are paid 25 % less today and their pensions will 
be lower. 

Estonia started implementing a work ability reform on 1 January 2016120 and the goal is 
to bring people with reduced working ability back into the labour market and to make a 

118  More information on issues arising in relation to self-employed people is available at: 

http://www.praxis.ee/wp-content/uploads/2017/09/Estonian-Paper-Peer-Review-on-Reconciling-Family-
Life-and-Entrepreneurship.pdf. 

119  Eurostat, https://ec.europa.eu/eurostat/statistics-explained/index.php/Gender_pay_gap_statistics. 
120  Estonia, Ministry of Social Affairs (2018), Work ability reform. The Ministry of Social Affairs is planning a 
reform by which every fifth incapacitated person would start working. According to the planned reform, 
partially incapacitated persons who work and earn Estonian average wages should be able to manage 
without any supplementary allowance starting from 2020 at the latest. The Unemployment Insurance Fund 
started assessing work ability and paying work ability allowances on 1 July 2016. 

49 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
shift in attitudes to reduced work capacity and/or ability to work. Permanent incapacity for 
work  could  be  total  or  partial  (10-90 %)  if  a  person  is  able  to  do  some  work.  Work 
incapacity of 40-100 % gives a right to apply for work incapacity pension and it also gives 
health insurance. It is estimated that two thirds of these pensioners are employed. There 
were  more  than  100  000  people  with  reduced  work  capacity  in  Estonia  in  2015.  The 
employer will be compensated for workplace adjustment costs. There are more disability 
pension  recipients  and  early-retirement  pensioners  among  men  than  among  women.121 
The proportion of older adults (50+ years) in Estonia rating their health as fair or poor is 
one of the largest in Europe (71 % according to the SHARE survey).122 

There are serious problems with paid sick leave for insured persons, because the first days 
are unpaid, then there is a period during which the employer pays and finally, the state 
pays.  Employers  and  sole  proprietors  pay  a  compulsory  part  of  social  tax  for  health 
insurance  coverage.  Although  there  are  payments,  protection  is  poor.  Also  there  are 
serious problems in connection with unemployment. Employers and sole proprietors make 
compulsory payments to an unemployment insurance fund, but compensation in case of 
unemployment and related services is limited. 

7.8  Evaluation of implementation 

Voluntary  pension  funds  were  introduced  in  1998  and  can  take  two  forms:  pension 
insurance  policies  provided  by  life  insurance  companies  or  voluntary  pension  funds 
managed  by  asset  managers.  Public  policy  does  not  promote  occupational  pension 
provision.  Employers  can  make  contributions  for  their  employees  in  the  third  pillar,  but 
unfavourable tax treatment is an obstacle. 

7.9  Remaining issues 

Working  part-time  keeps  parents  away  from  the  labour  market  and  thus  influences 
parental  benefit.  In  the  view  of  the  author  of  this  report,  part-time  jobs  enable  the 
reconciliation of work and family life but the subsequent influence on parental benefit and 
pension, among other things, aggravates problems regarding women’s employment.123  

There is a problem with older men’s inclusion in voluntary or community work.124 A content 
and thematic analysis revealed latent factors that may hinder older men’s learning, such 
as  loneliness,  expectations  about  masculinity  inherited  from  the  cultural  background,  a 
restrictive domestic comfort zone, and a lack of demand for older men’s experience. The 
main finding from the analysis is that older rural men in Estonia do not feel responsible 
for their own social health. 

121  https://www.tlu.ee/sites/default/files/Instituudid/ÜTI/EDK/PDF%20failid/SHARE-kogumik-12.09.pdf. 
122  http://bmjopen.bmj.com/content/7/6/e013257. 
123  Ventsel, A. (2018), Soolise võrdõiguslikkuse tagamine sotsiaaltoetuste maksmisel (Ensuring Gender 

Equality in Paying Social Benefits), 
http://dspace.ut.ee/bitstream/handle/10062/59987/ventselangela.pdf?sequence=1&isAllowed=y. 
124  Tambaum, T., Tuul, R., Sirotkina, R. (2018), ‘What is missing – older male learners or a community 

strategy?’ DOI: 10.4312/as.25.2.67-79; Metsmägin, M. (2018), Eesti vanemaealiste meeste kogemused 
vaba aja sisustamiseks kogukonnas (Estonian Senior Men's Experiences in Spending Free Time in a 
Community), master’s thesis, University of Tartu, Faculty of Social Sciences, Institute of Social Studies. 

50 

 
 
 
 
 
 
 
 
 
                                                   
8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  General (legal) context 

8.1.1  Surveys and reports on the specific difficulties of self-employed workers 

Surveys on entrepreneurship and micro enterprises from a gender perspective are rare. 
The  Estonian  Institute  of  Economic  Research  has  studied  creative  industries.125  Artists, 
musicians  and  other  creative  industry  entrepreneurs  are  combining  sole  proprietorship 
with other business forms, e.g. acting as a limited company, while actually being a one-
person company. This person can be both owner and board member. 

Rugina (2018)126 states that while the formal entrepreneurship environment is considered 
to  be  very  developed  in  the  Baltic  countries,  women  are  underrepresented  among  the 
population  of  entrepreneurs,  and  there  is  gender-based  sectoral  segregation  of  female 
entrepreneurs  in  Estonia,  Latvia  and  Lithuania.  Unfortunately,  Rugina’s  analysis  is  very 
general and lacks a gender sensitive approach. 

Meronen (2015)127 found that the main factors that motivate women to start a business 
are  greater  independence  and  freedom,  work  related  challenges,  career  opportunities, 
implementation  of  innovative  ideas  and  difficulties  or  discrimination  in  a  previous 
workplace.  The  main  factors  that  hamper  women’s  entrepreneurship  are  related  with 
willingness to have a small business in service, care or education sector (least profitable 
businesses) fear of asking for help, the lack of the necessary knowledge or skills, low self-
esteem,  fear  of  taking  risks,  and  family-related  responsibilities.  Women  often  have  to 
choose whether to focus on the success of their business or to fulfill their family-related 
responsibilities.  Meronen  pointed  out  that  female  business  owners  in  Estonia  see  the 
business  environment  much  more  positively  than  female  entrepreneurs  in  Finland.  The 
positive side of the Estonian business environment is the access to necessary information. 

8.1.2  Other issues 

Estonian  entrepreneurship  and  industry  policy  does  not  mention  women  and  female 
entrepreneurship. Policy makers do not accept the idea that an entrepreneur’s gender has 
any relevance in business. There are no other relevant issues.  

8.1.3  Overview of national acts 

In Estonia, the largest group of self-employed persons are sole proprietors. The definition 
of self-employed persons includes people working under non-standard contracts who offer 
goods or services for a fee in their own name, and members of companies’ management 
boards.128  

On 14 June 2012, Parliament adopted the Act on Amendments to the Social Tax Act and 
Other Acts, which entered into force on 1 August 2012.129 This Act ensures equal treatment 

125  Eesti Konjunktuuriinstituut (2018) Eesti loomemajanduse uuring ja kaardistus (Mapping Estonian creative 

industries). Available in Estonian at: 
https://www.kul.ee/sites/kulminn/files/1._eesti_lm_olukorra_uuring_ja_kaardistus_yldosa.pdf. 

126  Rugina, S. (2018) ‘Female entrepreneurship in the Baltics: formal and informal context’, International 

Journal of Gender and Entrepreneurship, https://doi.org/10.1108/IJGE-05-2018-0055. 

127  Meronen, K. (2015) Naiste ettevõtlus ning töö- ja eraelu tasakaalustamine (Women’s Entrepreneurship and 

Work-Llife Balance), thesis, University of Tartu, 
https://dspace.ut.ee/bitstream/handle/10062/49754/meronen_karin.pdf?sequence=1&isAllowed=y. 

128  Estonia, Commercial Code (Äriseadustik), RT I, 17.11.2017, 22, 
https://www.riigiteataja.ee/en/eli/519122017001/consolide. 

129  Estonia, Amendments to the Social Tax Act and related legal texts, 14 June 2012 (passed in Parliament on 

14 June 2012), http://www.riigikogu.ee/tegevus/eelnoud/eelnou/be4d767a-e504-4521-9b58-
0080007ea808/Sotsiaalmaksuseaduse%20ja%20teiste%20seaduste%20muutmise%20seadus/#. 

51 

of female and male sole proprietors and offers an opportunity for equal social protection 
of spouses participating in the activities of sole proprietors’ businesses. Amendments were 
made to the Social Tax Act (STA), the Taxation Act (TA), the Health Insurance Act (HIA), 
the State Pension Insurance Act (SPIA), and the Labour Market Services and Benefits Act 
(LMSBA). There was no need for substantial amendments to the Gender Equality Act (GEA) 
and the Equal Treatment Act (ETA). 

Estonia has explicitly amended the law to comply with Article 7 of Directive 2010/41/EU. 
From  1  August  2012,  sole  proprietors  can  register  their  husband/wife  as  an  assisting 
spouse  with  the  Tax  and  Customs  Board  office.  Sole  proprietors  should  pay  a  monthly 
minimum in social taxes for the spouse (Article 5(3)(3.1) of the HIA).  

8.1.4  Political and societal debate and pending legislative proposals 

In Estonia, tax payment by one-person companies has been discussed in the recent years. 
The  Tax  and  Customs  Board  has  studied  strategies  of  tax  avoidance  by  Estonian  micro 
enterprises.130 There is a suspicion that business entities such as limited companies, avoid 
tax given that the tax share on dividends is lower compared with personnel costs. To avoid 
tax, dividends are paid to ‘shareholders’ instead of wages.  

8.2  Implementation of Directive 2010/41/EU 

The Health Insurance Act has been amended. From 1 January 2016, two additional groups 
of self-employed persons obtained social protection: 

• 

• 

members  of  the  management  or  controlling  bodies  of  legal  persons  for  whom  the 
legal person(s) have paid social tax; 
persons receiving remuneration or service fees on the basis of a contract for services, 
a  mandate  or  another  contract  for  the  provision  of  services  under  the  Law  of 
Obligations Act, who are not registered as self-employed persons in the commercial 
register, and for whom the other party to the contract pays social tax.131 

8.3  Personal scope 

8.3.1  Scope 

The  Commercial  Code  (CC)  defines  ‘an  entrepreneur’  as  a  natural  person  and/or  a 
company.132  

Persons  who  provide  work  under  the  Law  of  Obligations  Act  (LOA)  are  defined  as  ‘a 
mandatary’ (presuming that the mandatary performs the mandate in person, usually the 
duration and deadlines are specified) and ‘a contractor’ (presuming that the contractor is 
not  required  to  perform  the  obligations  arising  from  the  contract  in  person,  usually  the 
duration and deadlines are specified). Mandataries and contractors working under the LOA 
are covered by the GEA, but they enjoy far less protection.133  

130  https://news.postimees.ee/3360701/taxman-takes-ax-to-acting-ou. 
131  Estonia, Health Insurance Act (HIA), Article 5(2)(4) and 5(2)(5) 
https://www.riigiteataja.ee/en/eli/511012018002/consolide. 

132  Article 1 of the Commercial Code mentions ‘ettevõtja’, which can be translated into English as an 

‘undertaking’. 

133  Mandataries and contractors do not have any rights to holidays paid by the mandator or customer as 

expected for work done under the ECA. The mandatary and contractor do not have childcare and parental 
leave. Social security for persons working under the LOA depends on their own contributions. There is an 
option for the pregnant mandatary (or contractor) to apply for social security from the contractual partner if 
the work performed (working time, control, management, instructions and regulations by the customer) 
had all features of the work performed under the ECA in the framework of an employment contract. Then a 
claim could be made for a revision of the contractual relationship and if the Labour Inspectorate or court 
finds it applicable, the mandatary could also be entitled to all social guarantees applied to the ECA with the 
employment contract.  

52 

 
 
 
 
 
 
 
 
 
 
                                                   
 
Performance of certain work in a specified period without social security obligations for the 
customer is attractive for third-sector organisations, where a lot of work is done on either 
a project or voluntary basis. 

8.3.2  Definitions 

The  Commercial  Code  (CC)  defines  ‘an  entrepreneur’  as  a  natural  person  and/or  a 
company.134 According to the CC, a natural person offers goods or services in his or her 
own name and the sale of goods or provision of services is his/her permanent activity.  

8.3.3  Categorisation and coverage 

All self-employed workers are considered part of the same category and all categories are 
covered. 

8.3.4  Recognition of life partners 

Estonian legislation only recognises married spouses. However, the Registered Partnership 
Act (RPA) was adopted in 2014 and it entered into force on 1 January 2016. However, it 
has  not  been  implemented  as  the  implementing  regulations  were  not  adopted  by 
Parliament in 2016-2018 due to political disagreements.  

8.4  Material scope 

8.4.1  Implementation of Article 4 of Directive 2010/41/EU 

The principle of equal treatment was already a legal requirement before the transposition 
of Directive 2010/41. Article 3(2) of the GEA stipulates that ‘equal treatment of men and 
women’ means that there is no discrimination whatsoever based on sex, either directly or 
indirectly.  Article  5(1)  of  the  GEA  prohibits  direct  and  indirect  discrimination  including 
giving orders. This article entered into force in October 2009. 

8.4.2  Material scope 

The material scope of national law relating to equal treatment in self-employment is the 
same as specified in Article 4 of Directive 2010/41/EU. 

8.5  Positive action 

Every year there are some projects to promote female entrepreneurship and encourage 
young  women  to  start  their  own  business.  The  state  has  been  quite  passive,  but  non-
governmental organisations have taken the initiative. There are no Government initiatives 
to support female entrepreneurship. 

8.6  Social protection 

Self-employed persons have the same rights as employees if they have applied for social 
security  and  have  paid  social  taxes.  Social  protection  of  self-employed  persons  covers 
pension and health insurance.  

Payment  of  social  taxes  is  a  precondition  for  obtaining  revenues  required  for  pension 
insurance and state health insurance. Estonian health insurance relies on the principle of 
solidarity. If a self-employed person has paid social taxes (advanced payment), her or his 
sick leave compensation depends on the amount paid. If payment was at the minimum 
level, the compensation for sick leave is also very low. When a self-employed person needs 

134  Article 1 of the Commercial Code mentions ‘ettevõtja’, which can be translated into English as an 

‘undertaking’. 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
a doctor and treatment, there is no need for additional payment, in spite of the fact that 
only  a  symbolic  amount  of  money  was  paid  to  the  social  fund.  Significant  differences 
appear  later  on,  when  pensions  of  self-employed  people  appear  low  due  to  low  social 
security contribution. 

Applying  for  social  protection  is  voluntary  for  adults  in  Estonia.  Individuals  can  make 
additional payments that are higher than 33 % of their earnings. Self-employed persons 
should  make  mandatory  contributions  to  a  funded  pension  scheme  depending  on  their 
social  tax  payments.  This  is  mandatory  for  employers,  and  self-employed  persons  are 
obliged to pay a mandatory minimum amount. The state sets the annual minimum amount 
to be paid to get social protection.  

The Social Tax Act (STA) includes an exception that applies to sole  proprietors who are 
incapable of working. They are not required to meet the minimum obligation of payment 
of social tax if they do not receive any income. The minimum obligation means that if no 
income is earned, social tax must be paid during the year in an amount equal to 12 times 
the monthly rate. 

To get social protection for spouses, they must be registered with the Tax and Customs 
Board and social contribution payments are mandatory. 

Statutory social security schemes are applicable.  

8.7  Maternity benefits 

The Directive requires that women  are granted a maternity allowance and a leave of at 
least 14 weeks.  In  Estonia, a woman has the right to 140 calendar days (20 weeks) of 
pregnancy  and  maternity  leave.  However,  self-employed  female  workers  and  assisting 
spouses of sole proprietors (FIEs) can receive maternity benefits, even without pregnancy 
and  maternity  leave.  The  precondition  for  these  benefits  is  payment  of  social  security 
contributions  in  the  past  year(s).  A  minimum  payment  is  mandatory.  Self-employed 
persons have health insurance and free-of-charge medical aid (universal right for insured 
persons), but sick leave benefits depend on previous social tax payments (see section 8.1 
above for more information). Parental benefits are universal benefits and not related to 
employment  status.  If  social  taxes  have  not  been  paid  before  childbirth,  the  national 
minimum parental benefits will be paid. 

There is a serious problem with the absence of services supplying temporary replacements 
for  sole  proprietors  (FIEs)  who  are  on  pregnancy  or  maternity  leave.  Some  business 
associations (farmers’ associations) have created some project-based social services. For 
micro-enterprises  such  as  those  of  FIEs,  there  are  also  many  subjective  obstacles  for 
creating national social services supplying temporary replacements. 

8.8  Occupational social security 

8.8.1  Implementation of provisions regarding occupational social security 

National law has not implemented the provisions regarding occupational social security for 
self-employed persons. 

8.8.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

No exceptions apply. 

54 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.9  Prohibition of discrimination 

Article  6  of  the  GEA  prohibits  discrimination  in  professional  life.  Article  2  of  the  ETA 
explores  the  material  scope.  Gender  is  not  explicitly  mentioned  as  a  ground  of 
discrimination  in  the  ETA.  Article  3  of  the  CC  allows  any  natural  person  to  be  a  sole 
proprietor (self-employed).135 A sole proprietor shall submit a petition for his or her entry 
into the commercial register before commencing the activity. 

8.10 Evaluation of implementation 

Transposition  of  Directive  2010/41/EU  and  the  Recast  directive  requirements  regarding 
self-employment  into  national  law  is  satisfactory,  however  there  is  no  provision  of 
occupational social security for self-employed persons. 

8.11 Remaining issues 

There are no remaining issues. 

135  https://www.riigiteataja.ee/en/eli/519122017001/consolide. 

55 

 
 
 
 
 
 
 
 
 
                                                   
9 

Goods and services (Directive 2004/113)136 

9.1  General (legal) context 

9.1.1  Surveys and reports about the difficulties linked to equal access to and supply of 

goods and services 

The author of this report can find no studies in this area. 

9.1.2  Specific  problems  of  discrimination 

in 

the  online  environment/digital 

market/collaborative economy 

Representatives of civil society and the equality body (EB) are not yet tackling problems 
regarding  discrimination  in  digital  technologies  and  the  collaborative  economy. 
Involvement in public debate is limited due to low knowledge and awareness as well as 
poor technological capacity. People are aware that algorithm bias exists, and that Google 
and Instagram do not offer some job vacancies to women.137 

9.1.3  Political and societal debate 

The Estonian Government Office and the Ministry of Economic Affairs and Communications 
have launched a cross-sectoral project to analyse and prepare for the implementation of 
artificial  intelligence  tools,  known  as  kratts,  as  well  as  develop  a  test  environment  in 
Estonia in November 2016.138 

9.2  Prohibition of direct and indirect discrimination 

Article  7.1  of  the  GEA  provides  a  duty  for  the  supplier  of  goods  or  services  to  provide 
explanations  for  alleged  discrimination  (the  provision  entered  into  force  on  23  October 
2009).  Within  15  working  days  of  receipt  of  a  written  application  describing  the  facts 
relating to a possible case of discrimination, a supplier of goods or services is required to 
provide the person who believes that he or she has been discriminated against in relation 
to access to or supply of goods or services on the grounds of sex,  a written explanation 
concerning  the  activities  of  the  supplier.  The  GEA  does  not  specifically  mention 
discrimination regarding housing, but Article 2(1) states that the GEA is applicable to all 
areas of social life. 

Article  126  banning  the  use  of  gender-based  factors  in  the  assessment  of  insured  risks 
was added to the IAA, and the amendments entered into force on 1 January 2016. 

Articles 2(1)(5) and 2(1)(7) of the ETA prohibit discrimination of persons on grounds of 
nationality (ethnic origin), race or colour in the access to the services of social welfare, 
social security and healthcare, including social benefits and in the access to and supply of 
goods and services which are available to the public, including housing.  

However,  gender  reassignment  as  a  specific  ground  of  discrimination  is  not  protected 
under Estonian legislation. 

9.3  Material scope 

In Estonia the scope is more restricted than that of the Directive. Article 5(1)(4.1) of the 
GEA includes some exceptions and differences available in the treatment of persons due 

136  See e.g. Caracciolo di Torella, Eugenia and McLellan, Bridgette (2018) Gender equality and the collaborative 

economy, European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb. 

137  https://www.catalyst.org/research/trend-brief-gender-bias-in-ai/. 
138  In Estonian mythology, a Kratt is a creature brought to life from hay or household objects. 

56 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
to their sex in the supply of goods and services. In Estonia, non-discrimination principles 
relating  to  the  access  to  goods  and  services  are  followed,  but  a  proactive  approach  is 
lacking. For example, no attention is paid to the adoption of specific measures to prevent 
or compensate for disadvantages linked to sex.  

9.4  Exceptions 

National law has not applied the exceptions from the material scope as specified in Article 
3(3) of Directive 2004/113, regarding the content of media, advertising and education. 

9.5  Justification of differences in treatment 

Services specifically aimed at supporting women represent a justifiable exception to the 
prohibition of gender discrimination in the consumption and supply of goods and services 
(e.g.  shelters).  Estonia  has  a  regulated  women’s  support  service  and  most  shelters  for 
victims  of  domestic  violence  are  prepared  to  meet  victims’  needs,  e.g.  women  can  be 
accompanied by children, although male victims are uncommon.139  

9.6  Actuarial factors 

The  differences  between  the  insurance  premiums  and  insurance  indemnities  of  females 
and males must not be caused by the use of the gender factor in the assessment of the 
insured  risks.  There  are  currently  no  complaints  concerning  a  violation  of  the  unisex 
principle by insurance companies. 

However, there is a problem with women on maternity leave and women and men who 
have a right to parental leave, but would like to work, since the interruption of parental 
leave  could  cause  the  loss  of  right  to  unemployment  assistance.  The  UIA  needs  to  be 
amended to avoid discrimination against clients who have paid unemployment insurance 
tax. 

9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

Insurers have not used sex as a risk-rating factor in life insurance since December 2012. 
On 10 June 2015, a new version of the Insurance Activities Act was adopted and a chapter 
on the protection of clients’ rights was added. Article 216(1) of the IAA provides that the 
differences  between  the  insurance  premiums  and  insurance  indemnities  of  females  and 
males  must  not  be  caused  by  the  use  of  the  gender  factor  in  the  assessment  of  the 
underwriting risks. Article 216(2) of the IAA states that neither pregnancy nor maternity 
can affect the size of the insurance premiums and insurance indemnities.  

9.8  Positive action measures (Article 6 of Directive 2004/113) 

Article 5(2) of the GEA has provided the basis for positive action measures in relation to 
the  access  to  and  supply  of  goods  and  services.  However,  no  positive  action  measures 
have been identified. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

Padu (2015) has analysed problems with the implementation of the equality principle in 
the Estonian Unemployment Insurance Act (UIA).140 Padu pointed out a problem connected 

139  Social Insurance Agency (2019) Naiste tugikeskuse teenusekirjeldus 2019 (Specification of the women’s 
support service), available in Estonian: https://www.sotsiaalkindlustusamet.ee/et/ohvriabi-huvitis/naiste-
tugikeskused#Naiste%20tugikeskuse%20teenusekirjeldus%202018. 

140  Padu, K. (2015), Võrdse kohtlemise põhimõtte probleeme Eesti töötuskindlustusõiguses (Problems of 

Implementing Equality Principle in Estonian Unemployment Insurance Law), masters thesis, University of 
Tartu, 
http://dspace.utlib.ee/dspace/bitstream/handle/10062/47561/padu_kristiina.pdf?sequence=1&isAllowed=. 

57 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
with  statutory  childcare  leave:  an  insured  person  who  has  used  a  pregnancy  leave, 
maternity  leave,  adoptive  leave  or  parental  leave  in  the  relevant  36  months  and  has 
worked at the same time is treated differently from persons who did not work. The 36-
month period must be extended by the time spent on leave if there is no information in 
the unemployment insurance database concerning the person's unemployment insurance 
period. Currently, if a parent chooses to work, it will not be extended.  The effect of the 
regulation is to discourage parents from working while at home with a baby. 

Only some insurance companies in Estonia provide standard travel and health insurance 
covering risks related to pregnancy, but health documentation stating the current length 
of the pregnancy must be provided. As a rule, insurance cover is provided if the term of 
pregnancy is up to 36 weeks, although some companies only provide cover for 28 or 18 
weeks.  Medical  insurance  has  unlimited  compensation  and  the  insured  person  receives 
compensation  for  all  medical  expenses  incurred  as  a  result  of  premature  childbirth  and 
hospitalisation as  well  as  the  costs  of  transportation  back  home.  The  price  of  such  an 
insurance policy is two to three times higher compared to ordinary travel insurance without 
additional protection. However, the pregnant traveller should be cautious when selecting 
an insurance company and should carefully read the travel policy terms and conditions, 
because sometimes there are extra clauses concerning pregnancy complications and their 
consequences  (except  for  complications  resulting  from  accidents),  and  childbirth, 
premature birth, abortion, fertility and related treatment are also sometimes not covered. 

9.10 Evaluation of implementation 

The  Estonian  Consumer  Protection  Board  and  Technical  Regulatory  Authority  received 
3 229 complaints in 2017, but there were no sex discrimination complaints.141 

9.11 Remaining issues 

Awareness about insurance policies is low among the general public in Estonia. A survey 
on insurance coverage was carried out by the Estonian Insurance Association and media 
company  Mindshare  in  December  2017.142  Survey  findings  show  that:  home  insurance 
coverage was about 60 %, but only 40 % of respondents had an accident or life insurance 
policy; 38 % of respondents say that the price of accident and life insurance is too high; 
and  25 %  of  respondents  do  not  take  a  need  for  accident  or  life  insurance  seriously  or 
think that it is important.  

A new survey on insurance coverage was carried out by the Estonian Insurance Association 
in 2019. Results show that only 26 % of respondents had a life insurance policy and 39 % 
of  respondents do not  have  savings.143 Those most likely  to hold a life insurance policy 
tend to be men with higher incomes, aged 41-50 and with children. 

141  Estonian Consumer Protection Board (2018) Yearbook of the Estonian Consumer Protection Board 2017, 

https://issuu.com/tarbijakaitseamet/docs/tarbijakaitseametiaastaraamat20174071fd29315242. 

142  Media reflection of 16 December 2017 about the survey available in Estonian at: 

http://www.pealinn.ee/tagid/koik/veerand-inimestest-ei-pea-onnetus-ega-elukindlustust-vajalikuks-
n208631.  

143  Summary available in Estonian at: https://www.postimees.ee/6788073/uuring-pooled-koguvad-saaste-ja-

veerandil-on-elukindlustus. 

58 

 
 
 
 
 
 
 
 
                                                   
10  Violence  against  women  and domestic violence  in  relation to  the Istanbul 

Convention 

10.1 General (legal) context 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

According  to  the  annual  report  on  crime  in  Estonia,  3 607  cases  classified  as  domestic 
violence were registered in 2018, which is a 37 % increase from 2017. A study on crime 
in Estonia stated that there has been no increase in reporting, but that there has been an 
increase  in  registered  cases.  Just  over  one  in  ten  crimes  recorded  by  the  police  are 
domestic abuse cases, which is 13 % of total crime. Domestic violence constitutes 44 % 
of  crimes  of  violence  and  83 %  of  domestic  violence  cases  were  classified  as  cases  of 
physical abuse.144 This shows that other forms of violence are neither reported nor taken 
seriously.  Perpetrators  were  partners  or  ex-partners  (69 %  out  of  all domestic  violence 
cases), but also children or stepchildren (6 %). This shows that there is underreporting by 
older victims and elder abuse remains a hidden issue. 

Narits, Kaugia and Pettai have published two analyses of surveys from 2014 and 2017.145 
The authors found that legal practitioners perceived numerous bottlenecks and unsolved 
problems  in  relation  to  the  existing  legislative  regulation  and  legal  practice  addressing 
domestic  violence.146  The  participants  in  the  surveys  perceived  an  increasing  need  for 
cooperation  with  law-enforcement  agencies  in  this  regard  (i.e.,  to  concentrate  on 
collaboration  in  relation  to  domestic  violence).  However,  the  authors  consider  that  it  is 
undoubtedly important to increase the involvement of specialists in the domestic violence 
field.  

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

The Penal Code (PC) was amended in relation to stalking, female genital mutilation (FGM), 
forced  marriages  and  the  prohibition  of  buying  sexual  services  from  trafficking  victims. 
The minimum requirements of the Istanbul Convention were taken into account. According 
to the Istanbul Convention, sexual harassment must be subject to criminal or other legal 
sanctions. The new Article 153.1 of the PC defines sexual harassment as ‘an act of physical 
sexual  nature  committed  intentionally  against  somebody’s  will  and  aiming  to  degrade’, 
which is punishable by a fine or detention. 

Amendments  to  the  Victim  Support  Act  (VSA)  entered  into  force  on  1  January  2017. 147 
The  VSA  provides  the  basis  for  state  organisation  of:  victim  support  and  conciliation 
(Article 6.3); the women's support centre service (Article 6.5); the victim support service 
for  victims  of  human  trafficking  and  sexually  abused  minors;  and  compensation  for  the 
cost of the psychological care given within the framework of provision of victim support 
and the payment of state compensation to victims of crimes of violence. A victim support 
service is defined in Article 3(1) of the VSA. The victim support service is a public service 
for  maintaining  or  enhancing  the  coping  abilities  of  people  who  have  fallen  victim  to  a 
criminal offence, negligence, mistreatment or physical, mental or sexual abuse. 

144  Ahven, A., Kruusmaa, K.-C., Leps, A., Solodov, S., Surva, L., Sööt, M.-L., Tamm, K., Tammiste, B., 

Tüllinen, K. (2018), Kuritegevus Eestis 2018 (Crime in Estonia 2018), Ministry of Justice, 
https://www.kriminaalpoliitika.ee/et/kuritegevus-eestis-2018. 

145  Narits, R., Kaugia, S., Pettai, I. (2016), ‘The significance of recognising domestic violence, in light of 
Estonian legal expert opinion and the prospects for systematising the relevant legislation’, Juridica 
International, 128–138; Narits, R., Kaugia, S., Pettai, I. (2018), ‘Towards a single Government approach 
via further consolidation of law and order in Estonia, with domestic violence as an example’, Juridica 
International, 104−116. 

146  Amendments to the Penal Code entered into force on 6 July 2017. 
147  Estonia, Victim Support Act (Ohvriabi seadus), RT I, 28.12.2017, 52, 

https://www.riigiteataja.ee/en/eli/509012018004/consolide. 

59 

 
 
 
 
 
 
 
                                                   
 
Article  5(5)  of  the  VSA  stipulates  that  the  Estonian  National  Social  Insurance  Board 
exercises  administrative  supervision  over  the  provider  of  victim  support  services.  The 
amendments  concerned  the  addition  of  the  definition  of  psychotherapist  services  and 
violence against women, changing the definition of a victim of violence against women, 
and Article 6.5 provides specifications on the women’s  support  centre  service.148 Article 
6.5(2) of the VSA defines a victim of violence against women as ‘a woman against whom 
physical, sexual, mental or economic harm or suffering has taken place either in her public 
or private life by gender violence committed against her or a threat thereof’. 

10.1.3 National provisions on online violence and online harassment 

Article 157.3 of the Penal Code on harassing pursuit entered into force on 6 July 2017. 
Repeated  or  consistent  attempts  to  contact  another  person,  watching  him  or  her  or 
interference in the privacy  of another person  against the will of such person in another 
manner, if the intent or effect thereof is to intimidate, humiliate the other person or disturb 
him  or  her  in  any  other  manner  is  punishable  by  a  pecuniary  punishment  or  up  to  one 
year’s imprisonment. 

10.1.4 Political and societal debate 

Court  proceedings  and  court  decisions  regarding  perpetrators  are  discussed.  Specialists 
working  with  victims  have  brought  up  the  issue  of  offenders  receiving  only  mild 
punishments and impolite attitudes towards victims in the courtroom. Some judges have 
even made nasty comments. There is still a culture of victim blaming, disrespect and rude 
attitudes towards the victim, or the absence of empathy.  

Sutt  (2017)  studied  court  decisions  regarding  intimate  partner  violence  cases.149  Sutt 
found  that  out  of  a  total  of  260  cases  involving  domestic  violence  in  2017,  the  court 
sentenced the perpetrator of domestic violence to participate in a social programme in 120 
cases, which is almost 50 % of the cases.150 The analysis of the court verdicts also showed 
that in only in seven cases out of that 120, the abuser was a female. That means that, in 
2017, 94 % of the perpetrators of domestic violence were men.  

Sutt  found  that  63 %  of  the  total  number  of  cases,  the  perpetrator  was  punished  for 
committing  the  physical  abuse  repeatedly.  This  shows  that  victims  do  not  seek  help 
immediately, which means that  the abuser has used  violence several times before they 
are taken to court.  

Parts (2018) assessed the incidence of secondary victimisation in criminal proceedings.151 
The author analysed the answers of 295 victims, who were interrogated from 16 January 
to 16 December 2016 as victims in the criminal proceedings.152 More than half (52 %) of 
the  victims  of  the  study  felt  that  they  did  not  have  sufficient  insight  into  their  own 
procedural process. Parts analysed whether, and to what extent, officials, prosecutors and 
judges of an investigative body explained to the victim what would be taking place at each 
procedural stage. The results of the survey of crime victims showed that 59 % of victims 
who had come into contact with the police during their own proceedings were not informed 

148  Social Insurance Agency (2019) Naiste tugikeskuse teenusekirjeldus 2019 (Specification of the women’s 

support service). 

149  Sutt, M. (2018), Perevägivallatsejate kohtlemine kriminaalhoolduses (Domestic violence perpetrators in 

Estonian probation system), masters thesis, University of Tartu, 
https://dspace.ut.ee/bitstream/handle/10062/61188/suttma2018.pdf?sequence=1&isAllowed=y. 
150  This shows a great improvement considering the statistics from 2011 (when only 20 cases out of 200 

required the perpetrator to take part in a social programme). 

151  Parts, K. (2018), Teisene ohvristumine Eesti kriminaalmenetluses (Secondary Victimisation in Estonian 

Criminal Proceedings). MA thesis, University of Tartu, Faculty of Social Sciences, School of Law, 
https://dspace.ut.ee/bitstream/handle/10062/61127/partsma2018.pdf?sequence=1&isAllowed=y. 
152  Data were collected during the study of protection and treatment of victims of crime conducted by the 

Centre for Applied Social Sciences (CASS) at the University of Tartu. 

60 

 
 
 
 
 
 
 
                                                   
 
of what was going to take place during the proceedings stage. Nearly the same (60 %) 
amount  of  victims  who  had  come  into  contact  with  the  prosecutor  during  their  own 
proceedings found that such explanations were not provided by the prosecutor, and most 
(70 %) of the victims who had come into contact with the judges found that the judge did 
not provide an explanation of the procedural stage. 

Saar (2018) studied the Estonian criminal legal procedure and describes it as a hybrid or 
mixed  system,  ‘wherein  an  inquisitorial  model  applies  to  pre-trial  investigations  and  an 
adversarial  procedure  is  introduced  at  the  stage  of  judicial  proceedings’.153  The  hybrid 
system in criminal proceedings leads to the increased role of the adversarial procedure, 
wherein the negotiable nature of truth is rather explicit. Saar argues that ‘it might be that 
we  have  been  too  hasty  with  our  disregard  for  truth  as  the  objective  of  criminal 
proceedings and that it is not possible to resolve practical issues arising on a regular basis 
efficiently without restoring the honourable position of truth in it’. 

10.2 Ratification of the Istanbul Convention 

The Istanbul Convention was ratified on 20 September 2018 and entered into force on 1 
February 2018 in Estonia.154 In 2017, several amendments to the Penal Code and to the 
Victim  Support  Act  were  adopted  regarding  stalking,  FGM,  forced  marriages  and  the 
prohibition  of  buying  sexual  services  from  victims  of  trafficking.  The  minimum 
requirements of the Istanbul Convention were taken into account. Sexual harassment is 
now  defined  as  an  offence  against  equality  under  the  Penal  Code:  it  is  seen  as  a 
misdemeanour  and  the  Police  and  Border  Guard  Board  should  conduct  summary 
proceedings.  The  coordinating  body  for  the  implementation  of  the  IC  is  the  Ministry  of 
Justice.  

153  Saar, J. (2018), ‘The Case of Estonian Criminal Proceedings’, Juridica International, 2018(5), 299-306. 
154  Text available in Estonian at: RT II, 26.09.2017, 2, https://www.riigiteataja.ee/akt/226092017002. 

61 

 
 
 
 
 
                                                   
11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Surveys  and  reports  about  the  particular  difficulties  related  to  obtaining  legal 

redress 

Legal studies from a gender equality perspective are scarce in Estonia.  

Naaber (2014) has considered whether there is an opportunity in the Estonian legal system 
for  the  employee  to  claim  for  effective,  proportionate  and  dissuasive  damages  when 
his/her rights have been violated based on his/her sex.155 Naaber found that in Estonian 
case  law,  the  court  has  a  power  to  follow  rules  set  by  Article  18  of  the  Directive 
2006/54/EC. Imposing compensation that has a dissuasive effect should be an inseparable 
part of non-pecuniary damage in sex discrimination disputes. The law does not state the 
scope of this type of compensation. Dissuasion is accomplished only when the means of 
remedy are suitable for the employee and they have a dissuasive effect on the employer. 
Article 13(2) of the Gender Equality Act and Article 134(6) of the Law of Obligations Act 
allow the court to award the employee who has been discriminated against in accordance 
to  Directive  2006/54/EC  Article  18,  compensation  that  is  efficient,  proportional  and 
dissuasive  for  the  offender.  Naaber  concludes  that  awarding  dissuasive  compensation 
should be a rule, not an exception.  

11.1.2 Other issues related to the pursuit of a discrimination claim 

Judges have access to training and an obligation to undertake it, but gender issues are 
not taught. Judges have a high workload. The term ‘gender’ is missing from the Code of 
Civil Procedure (CCP).156  However, Article 7  stipulates that  the administration of justice 
must take place on the basis of equality (‘the parties and other persons are equal before 
the law and the court’), which means that during either a civil or criminal trial, both sides 
have  legally  equal  access  to  the  court  and  neither  side  should  be  procedurally 
disadvantaged.  If  the  power  and  resources  of  one  party  gives  them  an  advantage,  the 
court is obliged to take that into account in order to avoid the advantage—although without 
removing  it.  When  making  decisions  about  child  custody  rights  between  parents  in 
domestic violence cases, the context should be taken into account given that the parties 
are not equal in terms of the power that they have. 

11.1.3 Political and societal debate and pending legislative proposals 

Political and societal debate on gender is almost entirely absent. There are no legislative 
proposals regarding gender discrimination and access to justice.  

Prejudices and stereotyping might affect  the right to a  fair trial and should be avoided. 
Some media debates encourage prejudices and gender stereotypes, which might lead to 
unfair judgments. 

11.2 Victimisation 

The  GEA  provides  a  general  protection  against  victimisation.  Article  5(1.1)  of  the  GEA 
stipulates that ‘adverse treatment of a person, as well as causing negative consequences 
for that person due to the fact that that person has relied on the rights and obligations 

155  Naaber, H. (2014) Tõhus, proportsionaalne ja tõrjuv kahjuhüvitis soolise diskrimineerimise keelu rikkumise 

korral töösuhtes (Effective, proportional and dissuasive compensation when violating prohibition of 
discrimination in labor relations), masters thesis, Univesity of Tartu. Summary in English available at: 
https://dspace.ut.ee/bitstream/handle/10062/43005/naaber_ma_2014.pdf?sequence=1&isAllowed=y. 

156  Estonia, Code of Civil Procedure, https://www.riigiteataja.ee/en/eli/512042019002/consolide. 

62 

 
 
 
 
 
 
 
 
 
 
 
                                                   
provided  for in this Act or has  supported another person in the protection of his or her 
rights provided for in this Act shall also be deemed to be discrimination’. 

Article 3(6) of the Equal Treatment Act (ETA) stipulates that discrimination also includes 
a  situation  where  one  person  is  treated  less  favourably  than  others  or  negative 
consequences follow because he or she has filed a complaint regarding discrimination or 
has supported a person who has filed such complaint. 

Opinion No. 39 of the Gender Equality and Equal Treatment  Commissioner of 2 October 
2015  dealt  with  an  employee  with  a  child  under  three  years  old  who  experienced  work 
bullying and the extraordinary cancellation of employment contract by employer.157 The 
Commissioner explained that victimisation is discrimination (Article 5(1.1) of the GEA). 

Article 89(5) of the Employment Contracts Act provides that upon the cancellation of an 
employment contract due to redundancy, employee representatives and employees who 
are raising a child under three years of age have the preferential right of keeping their 
jobs.  

11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts  

National  courts  are  accessible  for  victims  of  discrimination,  but  there  are  problems  of 
affordability. Civil proceedings are costly and time consuming. The cost of legal services 
is high and lawyers’ fees do not have upper ceiling. There is also the fear of victimisation. 
Employees have less information and resources when compared with employers. 

Labour dispute committees (LDCs) solve conflicts between employees and employers. If a 
petitioner  is  not  satisfied  with  the  decision,  they  can  go  to  court.  The  labour  dispute 
committees handle an average of 2 600 labour dispute cases a year; in 2018, there were 
2 718 complaints. A majority of these cases (60 %) were connected with unpaid wages, 
compensation or benefits. There were few cases regarding unequal treatment.  

Potential claimants have the right to ask the Equality Commissioner or the Equality Policies 
Department  at  the  Ministry  of  Social  Affairs  for  advice.  In  court  proceedings,  some 
employers  have  attempted  to  adduce  other  circumstances  as  a  reason  for  dismissals 
(incompetence,  emotionally  unfit  etc.).  Article  7  of  the  GEA  imposes  a  duty  on  the 
employer  to  provide  explanations  for  any  dismissal  and  in  court  cases  employers’ 
explanations were found to be stronger compared to the arguments of employees.  

There is a need to increase awareness concerning the protection of rights and knowledge 
on how to gather evidence and how to prove discrimination or harassment cases in court.  

On 1 January 2018, a new law, the Labour Dispute Resolution Act, entered into force. The 
law  sets  out  the  duty  of  a  labour  dispute  committee,  which  is  to  conduct  proceedings 
purposefully and efficiently and to resolve a labour dispute properly, as easily and quickly 
as  possible  and  with the  lowest  expenses  possible.  The  chairperson  of  the  LDC  has  the 
additional right to make proposals, to resolve and to affirm conciliation proceedings. Article 
13(2) provides that during the entire proceedings, the labour dispute committee must do 
everything in its power for the labour dispute or part thereof to be resolved by way of a 
compromise or other agreement of the parties. To this end, the chairperson of the labour 
dispute committee may, among other things, present to the parties a draft compromise 
agreement, propose to resolve the dispute in conciliation proceedings or outside the labour 
dispute  committee.  In  2018,  there  were  424  compromise  agreements  (16 %  out  of  all 
petitions) resolved by conciliation proceedings and affirmed by the chairperson of the LDC.  

157  http://www.volinik.ee/wp-content/uploads/2018/02/Voliniku-arvamus-39_Ohvristamine.pdf. 

63 

 
 
 
 
 
 
 
 
 
 
                                                   
National courts are accessible for victims of domestic violence, but victims do not always 
take  their  case  to  court.  Prosecutors  tend  to  suggest  reconciling  the  victim  with  the 
perpetrator and victim blaming can occur in court. The investigation procedure does not 
provide adequate physical safety and security for the victim.158 

11.3.2 Availability of legal aid 

The  Labour  Dispute  Resolution  Act  stipulates  that  filing  a  petition  to  the  labour  dispute 
committee and proceedings are exempt from state fees, but each party must cover their 
own procedural expenses. Expenses arising in a labour dispute committee are extrajudicial 
costs. If the court proceeding starts and the action is filed not later than six months after 
the end of the pre-court proceedings, then the coverage  of these  costs depends on  the 
court decision. 

11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

It is hard to find cases where the horizontal effect of relevant gender equality law has been 
raised. However, there are some cases with indirect effect for women due to higher life 
expectancy  compared  with  men.  In  the  Mangold  judgment  of  2005,  the  CJEU 
acknowledged the existence of a principle of non-discrimination on grounds of age, which 
must  be  regarded  as  a  general  principle  of  EU  law.  The  Mangold  judgment  was  quoted 
when the Constitutional Review Chamber interpreted Article 12(1) of the Constitution and 
answered  to  what  purpose  Article  12(1)  of  the  Constitution  allows  people  to  be  treated 
differently, and analysed the mutual relationship between the first and second sentence 
of  Article  12(1)  of  the  Constitution,  and  whether  ‘the  other  grounds’  mentioned  in  the 
second sentence of Article 12(1) of the Constitution, on the basis of which no one should 
be  discriminated  against,  can  include  age.159  The  first  sentence  of  Article  12(1)  of  the 
Constitution contains the general fundamental right to equality and the second sentence 
contains  prohibitions  against  discrimination,  i.e.  special  fundamental  rights  to  equality. 
The case was about the constitutionality of Article 57(6) of the Health Insurance Act in the 
part where it precludes the right to sickness benefit for persons who are at least 65 years 
of age for more than a total of 90 calendar days per calendar year. The Supreme Court en 
banc was of the opinion that neither the worse-than-average state of health of the elderly 
nor the receipt of an old-age pension justify the saving on health insurance funds spent 
on the payment of sickness benefits to persons who are at least 65 years of age. An age 
limit as a formal criterion and the receipt of a state old-age pension cannot be sufficient 
reasons to deprive persons who are at least 65 years of age of benefits that persons below 
the age of 65 receive under Article 57(5) of the HIA. 

11.4.2 Impact of horizontal direct effects of the charter after Bauer 

The author of this report has found neither legal analysis nor cases on disputes between 
private parties regarding gender equality and social rights. 

The  Gavriloski  report  (2019)  points  to  a  recent  comparative  study,  which  showed  that 
‘constitutional provisions are generally either not directly applicable or they have vertical 
effect  only  in  litigation  involving  the  state  as  the  respondent’,  and  ‘are  deemed  to  be 
applicable in horizontal relations [among private persons and entities] in Bulgaria, Cyprus, 

158  Kass, V. (2017) Paarisuhteväguvalla kuritegude tõlgendused Eesti kohtutoimikute analüüsi põhjal 

(Interpretations of intimate partner violence based on analysis of Estonian court files), masters thesis, 
University of Tartu. 

159  Judgment of the Estonian Supreme Court en banc No. 3-4-1-12-10 of 7 June 2011, 

https://www.riigikohus.ee/en/constitutional-judgment-3-4-1-12-10. 

64 

 
 
 
 
 
 
 
 
                                                   
 
Denmark, Estonia, Greece, Iceland, Liechtenstein, Luxembourg, the Netherlands, Norway, 
Serbia, Slovenia, Spain and Turkey’.160  

11.5 Burden of proof 

Since 2009, a shared burden of proof is stipulated in Article 4 of the Gender Equality Act. 
An application of a person addressing a court, a labour dispute committee or the Gender 
Equality and Equal Treatment Commissioner must set out the facts on the basis of which 
it can be presumed that discrimination based on sex has occurred. 

In  the  course  of  proceedings,  it  is  for  the  respondent  to  prove  that  there  has  been  no 
breach  of  the  principle  of  equal  treatment.  If  the  person  refuses  to  provide  proof,  the 
refusal will be deemed to be equal to acknowledgement of discrimination by the person. 

In labour disputes concerning discrimination, the shared burden of proof prescribed in the 
ETA  or  in  the  GEA  applies.  In  Estonia,  the  employer  must  keep  data  on  the  pool  of 
candidates in the recruitment process to be able to provide explanations in the event of a 
claim. 

The  statistical  overview  by  the  Labour  Inspectorate  on  discrimination  and  unequal 
treatment  disputes  shows  the  importance  of  evidence.161  In  2018,  a  total  of  19  claims 
were  reported,  out  of  which,  three  were  connected  with  discrimination  due  to  fulfilling 
parental  obligations,  three  were  complaints  about  sexual  harassment  and  one  was 
connected with discrimination on grounds of sexual orientation. In two cases the applicants 
were  unable  to  provide  statements  and  facts  clarifying  the  basis  on  which  unfair  or 
discriminatory  treatment  took  place.  These  cases  illustrate  the  fact  that  employees, 
compared  to  employers,  have  less  knowledge  about  legally  applicable  concepts  of 
discrimination  and  equal  treatment.  Employees  have  fewer  resources  for  getting  legal 
advice from lawyers. 

Article 231(1) of the CCP stipulates that a fact, which the court deems to be a matter of 
common knowledge, need not be proved. A fact concerning which reliable information is 
available  from  sources  outside  the  proceedings  may  be  declared  a  matter  of  common 
knowledge  by  the  court.  Article  232(2)  defines  the  procedure  of  evaluation  of  evidence 
and states that this decision is made according to the conscience of the court.  

The shared burden of proof does not apply in administrative or criminal proceedings. 

11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

Article  13  of  the  Gender  Equality  Act  on  compensation  for  damage  was  amended  and 
entered into force on 1 January 2009. If the rights of a person have been violated due to 
discrimination in the workplace and other areas of life, he or she may demand from the 
person  who  has  violated  the  rights  that  the  harmful  activity  is  terminated  and  that  the 
damage  be  compensated.  Article  24(2)  of  the  Equal  Treatment  Act  stipulates  that  an 
injured  party  may  demand  that,  in  addition  to  ‘damage  compensation’,  a  reasonable 
amount  of  money  be  paid  to  the  party  as  compensation  for  non-patrimonial  damage 
caused by the violation. In determining the amount of compensation, a court or a labour 
dispute committee must take into account, inter alia, the scope, duration and nature of 

160  Gavriloski, Z. (2019) Note on the Anti-Discrimination Legislation and Good Practices in the OSCE Region, 

Opinion-Nr.: NDISCR/TAJ/329/2018, https://www.osce.org/odihr/434810?download=true. 

161  Labour Inspectorate (2019) Töövaidluskomisjoni menetluses olnud ebavõrdse kohtlemisega seotud 

töövaidlusasjad perioodil 01.01.2018-31.12.2018 (Labour disputes based on unequal treatement in 2018), 
https://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Meedia_ja_statistika/Toeoevaidlused/TVK_men
etluses_olnud_diskrimineerimisvaidlused_2018.pdf. 

65 

 
 
 
 
 
 
 
 
 
 
                                                   
the  discrimination.  Neither  the  minimum  duration  or  ‘a  reasonable  amount’  is  defined. 
Sanctions against employers are equal to the amount to be paid to the employee(s).  

In the event of the unlawful cancellation of an employment contract by an employer, the 
employer must pay the employee compensation of three to six months’ average wages of 
the employee. In the event of the unlawful cancellation of an employment contract by an 
employee,  the  employer  has  the  right  to  claim  ‘reasonable  compensation’  from  the 
employee. The court or labour dispute committee will, at the request of the employer or 
the  employee,  terminate  the  employment  contract  as  of  the  time  when  it  would  have 
expired  in  the  case  of  validity  of  the  cancellation.  In  these  cases,  if  an  employee  is 
pregnant,  has  the  right  to  pregnancy  and  maternity  leave  or  has  been  elected  as  the 
employees'  representative,  the  employer  must  pay  the  employee  compensation  in  the 
amount  of  six  months’  average  wages  of  the  employee.  The  court  or  labour  dispute 
committee  may  change  the  amount  of  the  compensation,  taking  into  consideration  the 
circumstances  of  the  cancellation  of  the  employment  contract  and  the  interests  of  both 
parties. 

An  employee  has  the  right  to  claim  compensation  for  unlawful  termination  and/or  to 
continue the employment relationship. If the court or the labour dispute resolution body 
finds  that  the  dismissal  was  unlawful,  the  employment  contract  is  deemed  not  to  have 
been terminated.  

Reinstatement  is  possible  due  to  the  cancellation  of  an  employment  contract  without  a 
legal basis being void (for a pregnant employee or employees’  representative), but this 
practice is rare and compensation is preferred. 

Victims of violence have right to a remedy. 

11.6.2 Effectiveness, proportionality and dissuasiveness 

Article 13(2) of the Gender Equality Act and Article 134(6) of the Law of Obligations Act 
allow  compensation  for  the  loss  suffered  by  the  employee  who  has  been  discriminated 
against in accordance with Article 18 of Directive 2006/54/EC.  

The  Labour  Dispute  Resolution  Act  came  into  effect  on  1  January  2018.  The  Individual 
Labour Dispute Resolution Act was repealed. There is no longer a limit on the amount of 
any monetary claim by the petitioner.162 Since 1 January 2018, it is stipulated that the 
labour dispute committee (LDC) may not exceed in its decision the limits of the claim or 
make  a  decision  on  a  claim  that  has  not  been  filed.  Due  to  the  removal  of  the  upper 
monetary limit of accepted applications to the LDC, there was an LDC decision in 2018 
about  the  unlawful  cancellation  of  an  employment  contract,  where  the  employer  was 
ordered to pay the  employee  compensation  corresponding to the wages that employee 
would have been entitled to until the expiry of the contract term. The amount to be paid 
in this case was EUR 118 000.163 Such compensation is effective and dissuasive compared 
to compensation to the amount of two to three months’ average wage.  

Case  law  analysis  shows  that  employee  claims  for  compensation  for  non-patrimonial 
damage,  pain  and  suffering  caused  by  the  discrimination  are  often  rejected  by  the 
courts.164  

162  According to Article 4(1.1) of the Individual Labour Dispute Resolution Act, a labour dispute committee 

could not resolve disputes over financial claims exceeding EUR 10 000. 

163  The employer disagreed with the decision and went to the court. The proceedings are ongoing (18 October 

2019). 

164  Available in Estonian at: 

https://www.riigikohus.ee/sites/default/files/elfinder/analyysid/2017/Mittevaralise%20kahju%20hüvitamin
e%20tsiviil-%20ja%20kriminaalasjades%202016.pdf. 

66 

 
 
 
 
 
 
 
                                                   
 
The Commissioner for Human Rights of the Council of Europe visited Estonia in June 2018 
and  found  sanctions  against  perpetrators  inadequate  and  remedies  for  victims 
inaccessible.165  The  Commissioner  stated  that  Estonia  has  a  well-developed  system  of 
protection and support for women victims of violence, but the main challenge is to ensure 
an effective response from the law enforcement and judicial system, so that appropriate 
dissuasive sanctions are applied against perpetrators of violence and repeat victimisation 
is prevented. The Commissioner recommended continuing training law enforcement and 
judicial  officials,  strengthening  legal  assistance  to  victims  and  considering  establishing 
teams of specialised prosecutors and judges to handle gender-based violence cases.  

11.7 Equality body  

Estonia has two independent equality bodies: the Gender Equality and Equal Treatment 
Commissioner (the Equality Commissioner) and the Chancellor of Justice.  

The  Commissioner  covers  discrimination  on  grounds  of  sex,  nationality  (ethnic  origin), 
race  or  skin  colour,  religion,  views,  age,  disability  or  sexual  orientation.  Only  the 
Commissioner has an explicit duty to advise and provide assistance to people who suspect 
that they have been discriminated against. The Commissioner has a right to  request all 
documents  about  working  conditions  and  wage  policy.  According  to  Article  15(1)  of  the 
GEA, the Gender Equality and Equal Treatment Commissioner (EB) is an independent and 
impartial expert  who acts independently, monitors compliance with the requirements  of 
the Gender Equality and the Equal Treatment Act and performs other functions imposed 
by law.  

The competencies of the Equality Commissioner are stipulated in the Gender Equality Act, 
the Equal Treatment Act and the EB regulations. There are modest resources to fulfil the 
list of duties. The EB has poor human resources in relation to its mandate. According to 
the  state  budget  for  2018  (REL2018),  EUR  197  000  and  for  2019  EUR  205  000  was 
provided to the EB.166 With these resources, the EB must fulfil several duties in the field 
of equality and non-discrimination. The independence of the EB is not guaranteed, because 
the Commissioner is appointed for a five-year period by the Minister of Social Affairs. The 
EB is not able to participate in the state budget negotiation process, but depends on the 
Ministry of Social Affairs budget spending. This leads to persistent understaffing. 

The  Equality  Competence  Centre  provides  some  support  to  the  Equality  Commissioner. 
The Equality Competence Centre was established at the EB Office in 2015, with funding 
support from the European Union Cohesion Policy Fund. The Equality Competence Centre 
is active in awareness raising and training provision. 

Since  2016,  the  Equality  Commissioner  has  performed  the  functions  of  a  supervisory 
institution of the Convention on the Rights of Persons with Disabilities and has separate 
funding for fulfilling this duty. On 13 June 2018, the Chancellor of Justice Act was amended 
to provide for additional duties.167 Based on Article 33(2) of the Convention on the Rights 
of  Persons  with  Disabilities,  the  Chancellor  of  Justice  will  perform  the  functions  of 
promoting  the  implementation,  protection  and  monitoring  of  the  Convention  from  1 
January 2019. As of 1 January 2019, the Chancellor of Justice is the national human rights 
institution (NHRI) in Estonia. As yet, there are no examples of how the NHRI has promoted 
gender equality. 

The Chancellor of Justice conducts a conciliation procedure if the complainant states that 
they  have  been  discriminated  against  on  the  grounds  of  sex,  race,  nationality  (ethnic 
origin), colour,  language,  origin,  religion  or  religious  beliefs,  political  or  other  opinion, 

165  https://rm.coe.int/report-of-the-council-of-europe-commissioner-for-human-rights-dunja-mi/16808d77f4. 
166  Article 10, https://www.riigiteataja.ee/akt/122112018004. 
167  Estonia, Chancellor of Justice Act (Õiguskantsleri seadus), RT I, 03.07.2018, 16, 

https://www.riigiteataja.ee/en/eli/527112018002/consolide. 

67 

 
 
 
 
 
 
 
                                                   
property  or  social  status,  age,  disability,  sexual  orientation,  or other  discrimination 
grounds specified by law. At no time since 1999, throughout the whole existence of this 
Office, has the Chancellor of Justice initiated any conciliation proceedings.  

The Chancellor of Justice has the power of constitutional review. The Chancellor exercises 
similar  supervision  over  legislation  of  general  application  issued  by  the  Government, 
ministries and local government authorities. The Chancellor of Justice verifies whether or 
not  agencies  under  its  supervision  adhere  to  the  principles  of  observance  of  the 
fundamental rights and freedoms and good administrative practice. 

From  1  September  2017  to  31  August  2018,  the  Chancellor  received  58  petitions  with 
complaints  about  unequal  treatment.  Of  these,  38  petitions  concerned  the  general 
fundamental right to equality and 20 concerned unequal treatment on specific grounds of 
discrimination.  There  were  three  petitions  on  grounds  of  sex  and  three  on  grounds  of 
sexual orientation.168 From 1 September 2018 to 31 August 2019, the Chancellor received 
20 discrimination complaints.169  

The  Equality  Commissioner  provides advice and  assistance  for  people  who suspect  that 
they have experienced discrimination. The Chancellor of Justice has more resources and 
power  regarding  legislative  development.  The  Chancellor  of  Justice  analyses  proposals 
concerning  the  amendment  of  acts,  the  passage  of  new  acts  and  the  activities  of  state 
agencies, and presents reports and makes legal proposals to the Parliament.170 

In  order  to  tackle  gender  stereotypes,  the  Office  of  the  Equality  Commissioner 
implemented  the  EU  project  ‘BREAK!’  in  cooperation  with  national  and  international 
partners in 2017-2019. Video clips are available in English.171 

11.8 Social partners  

Trade union contributions have been modest regarding the promotion of gender equality. 

There  are  legal  requirements  for  the  involvement  of  interest  groups  in  the  law-drafting 
process: 

- 

- 
- 

Regulation  of  the  Government  ‘Rules  for  Good  Legislative  Practice  and  Legislative 
Drafting’, entered into force on 1 January 2012;172  
Rules of the Government of the Republic;173 
Good Practice of Involvement.174 

11.9 Other relevant bodies 

Article 24 of the GEA provides  for an official advisory body  within the Ministry of Social 
Affairs,  the  Gender  Equality  Council.  This  article  was  implemented  in  2013,  when  the 
Gender  Equality Council was  established.175 The council has 22 members from different 
organisations. The Government of the Republic must approve its membership. The Gender 

168  https://www.oiguskantsler.ee/en/2018. 
169  Annual Report available in Estonian at: https://www.oiguskantsler.ee/ylevaade2019/. 
170  Article 1(2) of the Chancellor of Justice Act, https://www.riigiteataja.ee/en/eli/527112018002/consolide. 
171  For more information, see: https://brea-k.eu/en/. 
172  RT I, 29.12.2011, 228, acronym in Estonian HÕNTE, 

https://www.riigiteataja.ee/en/eli/508012015003/consolide. 

173  Available at (in Estonian): https://www.riigiteataja.ee/akt/129122011233. 
174  Adopted in 2011. Available at (in Estonian): https://riigikantselei.ee/et/kaasamise-hea-tava. 
175  Members of the Gender Equality Council represent many institutions and organisations. The founding 

regulations are available at (in Estonian): https://www.riigiteataja.ee/akt/329102013003. 

68 

 
 
 
 
 
 
 
 
 
 
                                                   
 
Equality Council is invisible to the wider public and is not even mentioned in the national 
report on Estonia for Beijing+25.176 

Advocacy and lobbying by NGOs regarding gender equality has been more effective due 
to their greater knowledge and financial capacity. Generational change may have a positive 
effect due to well-educated, highly trained and tolerant younger people, who do not accept 
old-fashioned  attitudes  and  gender  inequalities.  There  are  some  organisations  whose 
activities  are  supported  by  the  state  on  micro-project  basis.  The  NGO,  Oma  Tuba,  is  a 
feminist  organisation  that  uses  communication  tools,  cultural  practices  and  grassroots 
activism methods to address issues  related to the social position of women,  and sexual 
and gender minorities.177  

The  advocacy  work  of  the  Women’s  Support  and  Information  Centre  and  the  Pärnu 
Women’s Shelter aiming to protect survivors’ rights has been visible and effective in recent 
years.178  The  Women’s  Studies  and  Resource  Centre  (ENUT)  was  established  in  1997. 
ENUT  promotes  gender  equality,  provides  services  for  policy  makers,  researchers  and 
students, media, other NGOs, and the general public in the field of gender equality.179 The 
Estonian  LGBT  Association  represents  Estonian  LGBT  communities  and  is  engaging  in 
awareness-rising  activities  regarding  LGBT  issues  in  society  through  educational  and 
advocacy work.  

There are also ad-hoc pressure groups on social networks and internet communities, e.g. 
FB groups ‘Virginia Woolf sind ei karda’ and ‘Feministeerium’.180 Feministeerium.ee is an 
independent feminist media outlet, which shares weekly online articles and comments on 
the news, in Estonian, Russian or English.181 

Some  women’s  organisations  have  a  poor  democratic  organisational  culture,  have 
demonstrated  an  autocratic  management  style  and  have  come  to  support  right  wing, 
national conservative and populist parties.  This means that not all members agree with 
their  leaders’  public  communication.  The  Estonian  Women’s  Associations  Roundtable 
(EWAR) was established in 2003, and is a member of the European Women’s Lobby, which 
should  coordinate  the  women’s  movement  in  Estonia.  Unfortunately,  in  2018,  this 
organisation has been used as a tool for conservative statements.182 

11.10 Evaluation of implementation 

Law  enforcement  is  a  challenge.  The  GEA  and  the  ETA  have  a  small  number  of  articles 
about implementation and define the duties of the relevant bodies, but no state supervision 
is provided for. In 2015, the Ministry of Justice expressed the opinion that there is no need 
for amendments to the GEA and the ETA in this respect because state supervision takes 
place regarding the implementation of other legal acts (Employment Contracts Act, Civil 
Service Act, Health Insurance Act etc) in which equality requirements are stipulated. 

The Government notes that there is increased equal rights’ knowledge among employees 
and  employers  due  to  awareness-raising  training  and  an  increase  in  the  number  of 
referrals to the Gender Equality and Equal Treatment Commissioner.183 

176  Government of Estonia (2019) Twenty-fifth anniversary of the Fourth World Conference on Women and 

adoption of the Beijing Declaration and Platform for Action (1995) - Comprehensive national-level review: 
Estonia, https://www.unece.org/fileadmin/DAM/Gender/EstoniannationalBeijing25reviewreport.pdf. 

177  https://omatuba.wordpress.com/in-english/. 
178  https://naistetugi.ee, https://naistevarjupaik.ee/esileht/. 
179  www.enut.ee. 
180  https://www.facebook.com/groups/WoolfEiKarda/about/ (8 116 members), 

https://www.facebook.com/pg/feministeerium/about/?ref=pageinternal (about 4 500 members). 

181  https://feministeerium.ee/en/. 
182  http://www.enu.ee/enu.php. 
183  Ministry of Finance (2018) 2019 Draft Budgetary Plan of Estonia, 

https://ec.europa.eu/info/sites/info/files/economy-finance/2019_dbp_ee_en.pdf. 

69 

 
 
 
 
 
 
 
                                                   
 
11.11 Remaining issues 

Estonia  has  carried  out  a  performance-based  budgeting  reform,  which  will  be  fully 
implemented  in  2020.184  The  programme  defines  measures,  activities  and  services, 
including their objectives, indicators, and financial plan.  The programme also sets out a 
management and accountability structure for managing the resources and achieving the 
results.  The  transition  to service-based  management enables  a  more  customer-centric 
approach and more efficient resource management.  

In 2018, there were 24 performance areas set out in the budget strategy and about 60 
programmes in process. The budget for the gender equality programme was EUR 797 000 
for 2018 and is EUR 2.03 million for 2019.185 

184  https://www.rahandusministeerium.ee/en/objectivesactivities/state-budget-and-economy/performance-

based-budgeting. 

185  https://www.rahandusministeerium.ee/et/riigieelarve-ja-majandus/riigi-eelarvestrateegia. 

70 

 
 
 
 
                                                   
12  Overall assessment  

The  transposition  of  the  EU  gender  equality  directives  into  Estonian  legislation  is 
satisfactory.  In  September  2017,  the  Istanbul Convention  was  ratified  and  entered  into 
force  on  1  February  2018.  The  Penal  Code  was  amended  in  June  2017  and  the 
amendments entered into force on 6 July 2017. Female genital mutilation, forced marriage 
and  stalking  have  been  criminalised.  These  amendments  also  included  a  new  article  on 
sexual harassment, which was classified as a misdemeanour.186  

There have been only a few court cases on sex discrimination. There are several reasons 
for  this,  such  as  low  awareness,  low  willingness  to  bring  cases  to  court,  a  low  political 
commitment  to  equality  issues,  and  little  experience  regarding  the  protection  of  rights. 
Obstacles  could  be  the  high  cost  of  legal  advice  and  the  time-consuming  proceedings. 
Claims to the Gender Equality and Equal Treatment Commissioner and the labour dispute 
committees  demonstrate  that  there  is  discrimination  against  pregnant  employees  and 
those with family obligations. 

From  the  other  perspective,  there  are  those  people  who  do  not  perceive  that  they  are 
discriminated against. Acceptance of traditional and rigid gender roles is still widespread 
in Estonia. According to Eurobarometer (2017) on gender equality, 70 % of Estonians think 
that the most important role of a woman is to take care of the home and family.187 

Gender  mainstreaming  is  not  implemented.  No  positive  action  measures  are  used  for 
ensuring full equality in practice between men and women in working life. Estonia does 
not  have  occupational accident  insurance  system  in  place,  although  the  issue  has  been 
debated since 1994. 

Estonia  failed  to  pass  proposed  amendments  to  the  GEA  and  the  ETA  in  2016-2019. 
Amendments to the GEA and the ETA were drafted, but not adopted by the Parliament. 
The vast majority of laws and related policies are gender-neutral and family-centric.  

186  Estonia, Penal Code, https://www.riigiteataja.ee/en/eli/509012018005/consolide. 
187  European Commission (2017), Special Eurobarometer 465: Gender Equality 2017. Summary, 

http://ec.europa.eu/commfrontoffice/publicopinion/index.cfm/ResultDoc/download/DocumentKy/80678. 

71 

 
 
 
 
 
 
 
                                                   
Bibliography 

Chung, H. (2018), Töötajasõbraliku paindlikkuse arengutest ja mustritest Eestis Euroopa 
töötingimuste uuringu ja Euroopa ettevõtete uuringu põhjal (Future of work and flexible 
working in Estonia. The case of employee-friendly flexibility), Arenguseire Keskus.  
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flexibility.pdf.

EIGE (2018), 2018 report on equality between women and men in the European Union, 
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Estonian Government (2019), Twenty-fifth anniversary of the Fourth World Conference on 
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Narits,  R.,  Kaugia,  S.,  Pettai,  I.  (2018),  ‘Towards  a  Single  Government  Approach  via 
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Pachocka,  M., Szczerba-Zawada, A.,  Eerma, D. (2018), ‘Women  on corporate boards in 
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Prikk, K. (2019), Töötamise muutunud vormid ja nende õiguslik reguleerimine (Changed 
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72 

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