Tripartite Labour Relations

Gerli Kilusk
pp. 700-711

Summary

Untypical labour relations, including tripartite labour relations, are acquiring increasing importance on the labour market, and this is due to the changing needs of the labour market. The existing model of a worker who works full-time, based on an employment contract entered into for an indefinite period, and who has an employment contractual relationship with the employer, is no longer applicable to the new situation where enterprises in their operation often no longer require a static workforce. This now means that there is a need for more flexible labour regulations. This need has now been recognized on both the ILO and the European Union level. Estonian laws as well need changing since the current legislation does not regulate tripartite labour relations at all.

The article explains the nature of tripartite labour relations and provides an overview of the applicable regulations of the International Labour Organization and the European Union. Since Estonian law does not foresee a regulation for the creation of tripartite labour relations, the author suggests ways for employment brokerage companies to overcome this gap in Estonian law without violating the law. The article also looks at the questions: which is the employer in tripartite labour relations, and how can workers’ rights be protected in such a labour relationship?