This summary of age discrimination law in Estonia has been prepared by Raidla Ellex: www.raidlaellex.ee/en
Overview
The law that provides protection against discrimination is contained in two acts - the Gender Equality Act (soolise võrdõiguslikkuse seadus) and the Equal Treatment Act (võrdse kohtlemise seadus). The Employment Contracts Act sets out the general principle that employers shall ensure the protection of employees against discrimination, shall follow the principle of equal treatment and shall promote equality in accordance with the Equal Treatment Act and Gender Equality Act.
The purpose of Equal Treatment Act is to ensure the protection of persons against discrimination on the grounds of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation.
The purpose of the Gender Equality Act is to ensure equal treatment and to promote gender equality of men and women as a fundamental human right and for the public good in all areas of social life.
The Equal Treatment Act prohibits both, direct and indirect discrimination (one person is treated less favourably than another is, has been or would be treated in a comparable situation).
Discrimination of persons on the grounds of nationality (ethnic origin), race or colour is prohibited in relation to:
- conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
- entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination of employment contracts or contracts for the provision of services, release from office;
- access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;
- membership of, and involvement in, an organisation of employees or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations;
- social protection, including social security and healthcare, and social advantages;
- education;
- access to and supply of goods and services which are available to the public, including housing.
Discrimination of persons on the grounds of religion or other beliefs, age, disability or sexual orientation is prohibited in relation to:
- conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
- entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination of employment contracts or contracts for the provision of services, release from office;
- access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;
- membership of, and involvement in, an organisation of employees or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.
Who's covered?
The prohibition against discrimination covers all persons, including all types of employees (blue collar, white collar). Specific provisions protections during the employment relationship should be interpreted so that “employee” means a person employed under an employment contract, a contract for the provision of services, or a public servant within the meaning of the Public Service Act. “Employer” means a natural or legal person who provides employment on the basis of an employment contract or a contract for the provision of services, or a state agency or a local government agency.
The Gender Equality Act applies to all areas of social life, except upon professing and practising faith or working as a minister of a religion in a registered religious association and in relations in family or private life.
What enforcement/remedies exist?
Estonian law does not set forth criminal sanctions for age discrimination in employment.
An employee or a person applying for employment against whom the employer discriminated on the ground of age has the right to demand from the employer compensation for damage caused by discrimination. A person who is refused employment with the employer for age discriminatory reasons cannot demand that the employer should employ him/her; compensation is the only remedy.
A discrimination dispute may be brought for hearing before the Legal Chancellor (who conducts a conciliation procedure), to the Labour Dispute Committee or to the Court of First Instance.
How common are claims?
Claims are very rare. We are not aware of any claims regarding age discrimination in employment relations under Estonian law.
What claims are most common and what are trickiest issues for employers?
Since there is no precedent of successful claim on age discrimination in employment relations in Estonia, it is difficult to predict which issues may prove to be trickiest for employers.
Are there any specific exceptions in your laws?
In addition to the general discrimination prohibition mentioned above Equal treatment Act prohibits all kind of discrimination in the employment relationship, in particular discrimination due to family-related duties, social status, representation the interests of employees or membership in an organisation of employees, level of language proficiency or duty to serve in defence forces.
Retirement ages
Under Estonian law, mandatory retirement applies only to certain categories of civil servants (e.g. regular members of the defence forces, judges, etc.). Other than these exceptional cases, employers cannot force employees to retire nor can they fix a certain retirement age. Employees can be dismissed only on grounds exclusively listed in Employment Contract Act (e.g. breach of duties, unsuitability of an employee for the work due to professional skills or for reasons of health, etc.).
The regular pensionable age is 63. However the decision whether to retire or not is in the sole discretion of the employee; fact that employee reaches pensionable age does not give ground for employer to terminate the employment contract.
Interesting cases
As explained above, we are not aware of any claims on age discrimination in employment relations under Estonian law.