Taking a claim to the labour dispute committee

How can a labour dispute be resolved?

• By agreement. Where possible, a labour dispute is resolved by agreement of the parties before applying to the committee, based on the principles of good faith and reasonableness (TvLS § 3 p 1) [8].
• Conciliation at the committee. The conciliator is the chair of the labour dispute committee (TvLS § 33 lg 2) [9]. If no conciliation agreement is concluded, the parties may take the same dispute to the committee or to court (TvLS § 36 lg 1) [10].
• At the labour dispute committee. The committee resolves individual labour disputes and collective labour disputes arising from the performance of a collective agreement (TvLS § 2 lg 1) [2]. The Labour Dispute Resolution Act (töövaidluse lahendamise seadus, TvLS) does not apply to disputes over compensation for damage caused by injury to health, bodily injury or death resulting from an occupational accident or occupational disease (TvLS § 2 lg 2) [2].
• In court. Labour disputes in court are governed by the Code of Civil Procedure, with the special rules laid down in the TvLS (TvLS § 2 lg 3) [2]. For example, to have a termination declared void, you can file an action with a court or an application with the labour dispute committee (TLS § 105 lg 1) [11].

The committee chair refuses to accept an application if the claim has already been decided by a labour dispute committee or a court, or has already been filed with one (TvLS § 27 lg 2 p 2 and 3) [12].

What is the deadline for applying?

The deadline depends on the claim:

• Void termination. An application to establish that a termination is void must be filed within 30 calendar days of receiving the notice of termination (TLS § 105 lg 1) [11]. If it is not filed in time and the deadline is not restored, the termination is valid from the outset (TLS § 105 lg 2) [11].
• Breach of good faith. A valid termination may also be challenged within 30 calendar days of receiving the notice, unless the employer terminated the contract because the employee breached the employment contract (TLS § 106) [13].
• Wages. The deadline for bringing a claim for wages is three years from the date the wages became due (TLS § 29 lg 9) [14].

Where and how to apply?

An employee may apply to the committee of their own place of residence or place of work, or of the employer's seat or residence; an employer may apply to the committee of the employee's place of residence or place of work (TvLS § 25 lg 1) [15]. Labour disputes are resolved in four cities: Jõhvi, Pärnu, Tallinn and Tartu (Tööinspektsiooni põhimäärus § 14 lg 2) [16]. You may apply in person or through a representative (TvLS § 17 lg 1) [17].

The committee accepts a labour dispute on the basis of a written application (TvLS § 26 lg 1) [18]. The application must state (TvLS § 26 lg 2) [18]:

• the committee chosen (jurisdiction);
• the name, personal identification or registry code, residence or seat and contact details of the applicant and of the other party;
• a clearly expressed claim and, for a monetary claim, the amount;
• the facts on which the claim is based;
• the evidence, stating specifically which fact each piece of evidence is meant to prove;
• whether you agree to written proceedings or want a hearing.

Documentary evidence is attached to the application, and a power of attorney if a representative files it (TvLS § 26 lg 3 and 4) [18]. The committee chair decides within three working days whether to accept the application; if deficiencies in the application prevent it from being processed, the chair sets a deadline of up to 15 calendar days to remedy them and, if they are not remedied in time, refuses to accept the application (TvLS § 27 lg 1 and 3) [12].

How do the proceedings work and what do they cost?

• Costs. Applying to the labour dispute committee is free of state fees (TvLS § 15) [3]. When a dispute is resolved at the committee, each party bears its own procedural costs (TvLS § 16 lg 1) [4].
• Duration. The application is heard within 45 calendar days of its receipt, unless the proceedings take longer because of objective circumstances (TvLS § 38 lg 1) [5].
• Written proceedings. If the monetary claims do not exceed 6400 euros in total, the chair may, on their own initiative, handle the application alone in written proceedings (TvLS § 40 lg 1) [19]; if a party does not agree, the case is heard at a hearing (TvLS § 40 lg 5) [19].
• Evidence. Each party must prove the facts on which its claims and objections are based (TvLS § 45 lg 1) [20].
• Hearing. If the applicant does not appear and has not filed a justified request to postpone, the proceedings are terminated (TvLS § 42 lg 5) [21].
• Settlement. Until the decision enters into force, the parties may end the proceedings with a compromise, which the chair approves by an order (TvLS § 51 lg 1) [22].
• Decision. After a hearing, the decision is announced to the parties within ten working days (TvLS § 57 lg 1) [23].

When does the decision enter into force and how is it enforced?

If they disagree with the decision, the parties may take the same dispute to court within 30 calendar days of receiving the decision (TvLS § 58 lg 1) [6]. According to the Supreme Court (Riigikohus), this is a procedural deadline that can be restored, and the court checks compliance with it without a party's request (RK 2-20-4765/41) [24]. If the committee dismissed the application or granted it only in part, the applicant may bring an action in court for the part not granted, but the action may contain only the same claims that were submitted to the committee (TvLS § 58 lg 3) [6].

The decision enters into force if neither party filed with the court within the deadline (TvLS § 59 lg 1 p 1) [7]; if it is challenged only in part, it enters into force in the unchallenged part (TvLS § 59 lg 1¹) [7]. The decision is enforced after it enters into force, unless it is subject to immediate enforcement, in the manner laid down in the Code of Enforcement Procedure (täitemenetluse seadustik, TMS) (TvLS § 64) [25]. On a party's request, the committee may declare a decision awarding wages immediately enforceable to the extent the employee urgently needs, but for no more than two months' wages (TvLS § 65 lg 1) [26].

A decision of the labour dispute committee that has entered into force, a decision subject to immediate enforcement and an order approving a compromise are enforcement instruments (TMS § 2 lg 1 p 7³) [27]. The committee issues the certificate of entry into force after the decision enters into force (TMS § 12 lg 2) [28].

What the law says

• „Töövaidluskomisjoni pöördumine on riigilõivuvaba.“ [3] (translation: applying to the labour dispute committee is free of state fees; TvLS § 15).
• „Töövaidlusasja lahendamisel töövaidluskomisjonis kannab kumbki pool oma menetluskulud ise.“ [4] (translation: when a labour dispute is resolved at the committee, each party bears its own procedural costs; TvLS § 16 lg 1).
• „Töövaidluskomisjon võtab töövaidluse menetlusse kirjaliku avalduse alusel.“ [18] (translation: the committee accepts a labour dispute on the basis of a written application; TvLS § 26 lg 1) – an oral request is not enough.
• „Kohtusse pöördumise vormiks on hagiavaldus, mitte kaebus töövaidluskomisjoni otsuse peale.“ [6] (translation: the court is approached with a statement of claim, not with an appeal against the committee's decision; TvLS § 58 lg 2) – the court hears the dispute anew.
• „Jõustunud töövaidluskomisjoni otsus on pooltele täitmiseks kohustuslik.“ [7] (translation: a decision of the committee that has entered into force is binding on the parties; TvLS § 59 lg 2).

What to do

1. First try to resolve the dispute by agreement (TvLS § 3 p 1) [8].
2. Check the deadline: 30 calendar days from receiving the notice to challenge a termination (TLS § 105 lg 1) [11], three years for a wage claim (TLS § 29 lg 9) [14].
3. Choose the committee by your residence, your place of work or the employer's seat (TvLS § 25 lg 1) [15].
4. Prepare a written application with all the required details, the amount claimed and the evidence (TvLS § 26 lg 2 and 3) [18].
5. If the chair sets a deadline to remedy deficiencies, remedy them within it (TvLS § 27 lg 3) [12].
6. If you disagree with the decision, file an action with the court within 30 calendar days of receiving it (TvLS § 58 lg 1) [6]. If a decision in force is not complied with, it can be enforced in the manner laid down in the Code of Enforcement Procedure (TvLS § 64 lg 2) [25].

Frequently asked questions

Does it cost anything to apply to the labour dispute committee?

There is no state fee (TvLS § 15) [3]. Each party bears its own procedural costs at the committee (TvLS § 16 lg 1) [4].

Can I withdraw my application?

Yes. Without the other party's consent, the application can be withdrawn until it is accepted for proceedings (TvLS § 28 lg 1) [29]; with the other party's consent, until the committee's decision enters into force (TvLS § 28 lg 2) [29]. After withdrawing, you cannot apply to the committee again with the same claim, but you can still go to court (TvLS § 28 lg 6) [29].

What if I cannot attend the hearing?

Inform the committee before the hearing starts, or without delay once the obstacle has ceased, and substantiate what prevents you from attending (TvLS § 42 lg 3) [21]. If a party fails to appear for a good reason, the hearing is postponed (TvLS § 42 lg 4) [21]. If the proceedings were terminated because the applicant did not appear, they are resumed if the applicant files a justified request within 14 calendar days after the obstacle ceased (TvLS § 53 lg 2) [30].

What can I claim if the termination was void?

If the committee establishes that the termination was void, the contract is deemed not to have ended by the termination (TLS § 107 lg 1) [31]. On the employer's or employee's request, the committee terminates the contract as of the time it would have ended had the termination been valid (TLS § 107 lg 2) [31]; the employer then pays the employee compensation equal to three months' average wages, which the committee may adjust in view of the circumstances (TLS § 109 lg 1) [32]. If the employee is pregnant, is entitled to maternity leave (emapuhkus) or has been elected as an employee representative, the compensation is twelve months' average wages (TLS § 109 lg 2) [32]. Once compensation is awarded, the employee cannot claim the wages they would have received had the employment continued until the decision enters into force (TLS § 109 lg 3) [32].