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

AuthorAnu Laas
6 Occupational social security schemes (Chapter 2 of Directiv e 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 m anaged to create a system for occupational accident insurance and
occupational disease insurance. The Occupational Health and Safety Act has been in force
since July 1999.149
The Ministry of Social Affairs has prepared a concept paper on occu pational accident
insurance. There are plans to establish a private occupational accident in surance fund.150
There is a concept paper on a mandatory insurance system for healthcare professionals.151
6.1.2 Other issues related to gender equality and social security
There are no other issues related to gender equality and social s ecurity.
6.1.3 Political and societal debate and pending legislative proposals
The most burning issues under public debate a re 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 employ er,
rather than by the Health Insurance Fund and Unemployment Insurance Fund.152
According to the proposal, the Government-regulat ed 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.153
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 e rrors.
149 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.
151 Estonian Medical Association (2016), ‘Tervishoiuteenuse osutajate kohustusliku kutsekindlustuse süsteemi
loomine Eestis: Värskendatud kontseptsioon’. Available in Estonian at: https://arstideliit.ee/wp-
152 Ministry of Social Affairs (2018), ‘Tööõnnetuskindlustuse väljatöötamise kavatsus’ (Intention to develop an
occupational accident insurance system). Eelnõude infosüsteem.
153 Social dialogue available in Estonian at: https://adr.rik.ee/som/dokument/5869783.

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