DEVELOPMENT
The pdf-version - Eesti Koostöö Kogu
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• Expenditures for active labour market policies as<br />
a percentage of GDP, which indicate the relative<br />
importance of active labour market policies in the<br />
state under observation. This is one of the European<br />
Commission’s flexicurity measures, and this<br />
indicator is used primarily in studies that analyse<br />
the impact of active labour market policies on the<br />
general unemployment rate.<br />
• Expenditures for passive labour market policies,<br />
i.e. unemployment benefits as a percentage of GDP,<br />
indicate the relative importance of unemployment<br />
benefits in the given state. Taking the differences in<br />
the unemployment rates in the different states into<br />
account, the indicator is divided by the unemployment<br />
rate and the result is multiplied by ten for better<br />
visualisation. The measure is one of the European<br />
Commission’s flexicurity indicators. In research, it is<br />
also one of the most frequently used indicators for<br />
the assessment of the impact of passive labour market<br />
policies on the general unemployment rate.<br />
One of the problems in Estonia’s economy is strict labour<br />
legislation. Often mentioned by several indices evaluating<br />
economic freedom, it limits the employers’ opportunities<br />
for reacting flexibly to changes in the market situation<br />
by firing redundant workers or reducing wages. The HF<br />
labour market sub-indices, DB labour market sub-indices,<br />
and the EPI compiled by the OECD also allude to<br />
this problem. The given indices are comprised of various<br />
components, which are usually related to the strictness of<br />
the regulations related to hiring and firing workers, the<br />
flexibility of working hours, the cost of firing redundant<br />
workers, the mandated notice period and size of the minimum<br />
wage. The data from the DB labour market sub-index<br />
is used by both the FI and HF for compiling their<br />
indices. Although the methodology for these indices does<br />
not overlap completely, they are actually quite strongly<br />
correlated (Krillo and Eamets 2010).<br />
The labour sub-indices of the World Bank’s DB and<br />
the OECD’s EPI are the most frequently used in studies<br />
related to labour markets. Since the data for the DB<br />
labour sub-index and the OECD EPI are not available or<br />
are outdated, the HF freedom of labour sub-index has<br />
been used below. 4<br />
After the enactment of the new Employment Contracts<br />
Act in 2009, Estonia rose from 137th position<br />
(2009) to 110th position in 2013 (see Table 4.3.1). However,<br />
in regard to labour freedom, it is still part of the<br />
next-to-the-last group of “mostly not free” states. At the<br />
same time, many successful small states lag behind Estonia,<br />
such as Sweden (124), Taiwan (125), South Korea<br />
(140), Finland (148), and Norway (151), whereas the<br />
states at the top of the list include Denmark (3), Switzerland<br />
(9), Hong Kong (11) and the Czech Republic (12).<br />
It should be taken into consideration that the HF index<br />
may not consider the provisions of collective agreements<br />
between employers and employees 5 . Therefore, these<br />
indices may underestimate the strictness of the labour<br />
market regulations in states that have strong labour<br />
unions and where many of the working conditions are<br />
agreed upon in collective agreements. For example,<br />
based on the OECD’s 2010 data, only 8% of the workers<br />
in Estonia belong to trade unions, and, based on the data<br />
of 2009 survey of working life, the terms and conditions<br />
of collective agreement extended to 33% of the workers.<br />
On the other hand, according to the OECD’s 2010 data,<br />
almost 70% of the workers in Denmark belonged to<br />
trade unions and 80% of the workers were covered by<br />
collective agreements, whereas, in Denmark, collective<br />
agreements are also often signed at the company level<br />
(Fulton 2011). The indicators characterising Estonia’s<br />
trade union membership and the density of collective<br />
agreements are also considerably lower in comparison<br />
to other European states (OECD 2012; Fulton 2011). In<br />
other words, in our case, the working conditions of the<br />
majority of workers are determined by the Employment<br />
Contracts Act, while elsewhere, collective agreements<br />
play a large role – a fact that may not be reflected in the<br />
values of the aforementioned indices.<br />
Another shortcoming of such indices is the fact<br />
that they do not take into account how well the laws are<br />
actually enforced. For instance, based on the aforementioned<br />
indices, before the implementation of the 2009<br />
Employment Contracts Act, Estonia was ranked as a state<br />
with one of the most rigid regulations, but an analysis of<br />
the job creation and destruction at the company level by<br />
Eamets and Masso (2005) revealed that although less jobs<br />
are created and eliminated in Estonia than in the Nordic<br />
countries, it occurred at the same rate as in the U.S., and<br />
at a considerably higher rate than in the other states of<br />
Europe. Based on the analysis, the authors concluded that<br />
Estonia’s labour market is flexible, regardless of the strict<br />
regulations. The authors believe that one reason for this<br />
is the fact that the law was being ignored. This was also<br />
indicated by the considerably larger number of labour<br />
disputes per worker than in the other European states<br />
(Bank of Estonia, 2006).<br />
To date, the impact of the Employment Contracts<br />
Act, which entered into force in 2009, has been analysed<br />
only by Liina Malk (2012). In her research, based on data<br />
from labour force surveys, she assessed the impact of the<br />
new law on the movement of labour between labour market<br />
statuses. For instance, when analysing the movement<br />
from employment to unemployment, from unemployment<br />
to employment, and from unemployment to inactivity, the<br />
4 Starting in 2011, the World Bank abandoned the use of the labour market sub-index in the assessment of business freedom and initiated a<br />
review of the methodology. The initial data dealing with the components of the labour market sub-index are available, but, as of 2011, the index<br />
values are not. The values of the OECD EPI are available for 2008, and for individual states, (incl. Estonia) for 2009. After the new Employment<br />
Contracts Act came into force, value in the OECD EPI for Estonia dropped from 2.4 to 1.65, and is lower than the average of the OECD states<br />
(OECD, 2010). This is caused mainly by the first component of the index, i.e. the restrictions on the requirements for working with a contract<br />
without a specified term, including the shortening of the mandated notice period and the reducing of redundancy payments.<br />
5 Collective agreements have been taken into account that extend to more than half of the companies in the processing industry sector, and<br />
extend to companies that are not parties to the collective agreement.<br />
Estonian Human Development Report 2012/2013<br />
169