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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are outdated, the HF freedom of labour sub-index has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

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