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Mandatory Levels of Proficiency in Estonian for Employees of Companies, Non-Profit Associations and Foundations and for Sole Proprietors

Regulation of the Government of the Republic No. 164 of 16 May 2001
(RT1 I 2001, 48, 269),

entered into force 1 January 2002,
amended by the following Regulation:
09.10.2001 entered into force 20.10.2001- RT I 2001, 82, 491
28.06.2001 entered into force 06.07.2001 - RT I 2001, 59, 361.

This Regulation is established on the basis of subsection 5 (4) of the Language Act (RT I 1995, 23, 334; 1996, 37, 739; 40, 773; 1997, 69, 1110; 1998, 98/99, 1618; 1999, 1, 1; 16, 275; 2000, 51, 326), having regard to subsection 4 (1) and the principles of Title IV of the Association Agreement between the European Communities and their Member States and the Republic of Estonia (Europe Agreement) (RT II 1995, 22/27, 120).

§ 1. General Provisions
(1) Mandatory levels of proficiency in Estonian (hereinafter language proficiency) for employees of companies, non-profit associations and foundations and for sole proprietors (hereinafter employees) are established by this Regulation in the public interest, which means public safety, public order, general government, public health, health protection, consumer protection and occupational safety.
(2) Employers shall ensure that employees whose performance of official and employment duties, pursuant to legislation, require proficiency in Estonian, possess the required level of proficiency in Estonian.

§ 2. Basic level of language proficiency
Language proficiency at least at the basic level is required from the following employees:
1) drivers of public transport vehicles (except masters of ships and aircraft pilots) and locomotive and train drivers;
2) service and sales staff whose duties include providing information concerning the characteristics, price, origin and conditions for use of the offered goods or services and which, in the public interest provided for in subsection 21 (2) of the Language Act, must be done in Estonian;
3) personal care workers.

§ 3. Intermediate level of language proficiency
Language proficiency at least at the intermediate level is required from the following employees:
1) service and sales staff who provide compulsory insurance services provided for by law and who advise clients in this field;
2) service and sales staff who are engaged in selling or handling goods which may be hazardous to the life and health of persons, public safety or the environment and who advise clients in this field;
3) heads and deputy heads and teachers (except teachers of the Estonian language and of subjects taught in Estonian) of private schools providing pre-school, basic, secondary or higher education and whose duties include ensuring the safety of pupils and students in the private school;
4) health associate professionals whose duties include communication with patients and communication of information;
5) rescue workers;
6) harbour pilots;
7) security staff whose duties are related to ensuring public order or who carry weapons or use special equipment in connection with the performance of their duties.

§ 4. Advanced level of language proficiency
Language proficiency at the advanced level is required from the following employees:
1) teachers of the Estonian language and of subjects taught in Estonian;
2) doctors, pharmacists and psychologists;
3) masters of ships and aircraft pilots (except harbour pilots);
4) employees who organise air, sea or railway traffic and communicate corresponding information.

§ 41. Conformity of the Estonian language knowledge categories.
Till 1 July 2002 A, B and C categories of Estonian language knowledge put on the same level as Basic Level of Language Proficiency, D category of Estonian language knowledge - as Intermediate Level of Language Proficiency, F and E categories – as Advanced Level of Language Proficiency.
(09.10.2001entered into force 20.10.2001 – unofficial translation)

§ 5. Amendment of Regulation
Government of the Republic Regulation No. 249 of 16 August 1999 “Approval of Mandatory Levels of Proficiency in Estonian, Extent of and Procedure for Consultations Prior to Estonian Language Proficiency Examinations and Format of Certificate of Proficiency in Estonian”(RT I 1999, 66, 656; 2001, 41, 229) is amended as follows:
1) the words “and Persons Employed as Doctors, Pharmacists or Psychologists in Companies, Non-Profit Associations and Foundations and Persons Operating as Sole Proprietors in Such Fields” are omitted from subclause 1 1);
2) the words “who are not employed as doctors, pharmacists or psychologists” are omitted from clause 4;
3) subclause 1 2) and clause 12 of the “Mandatory Levels of Proficiency in Estonian for Public Servants and Employees of State Agencies Administered by Government Agencies and of Local Government Agencies, Employees of Legal Persons in Public Law and Agencies Thereof and Persons Employed as Doctors, Pharmacists or Psychologists in Companies, Non-Profit Associations and Foundations and Persons Operating as Sole Proprietors in Such Fields” approved by the Regulation are repealed.

§ 6. Repeal of Regulation
Government of the Republic Regulation No. 31 of 29 January 1996 “Establishment of Requirements for Proficiency in and Use of Estonian Language for Public Servants in State Agencies and Local Governments and Employees of Agencies, Enterprises and Organisations who Communicate with Persons in Their Professional Activities”(RT I 1996, 8, 168; 1999, 66, 656) is repealed.

§ 7. Entry into force of Regulation
This Regulation enters into force on 1 October 2001.
(28.06.2001 entered into force 06.07.2001 - RT I 2001, 59, 361) 1 RT = Riigi Teataja = State Gazette


Source: Estonian Legal Translation Centre
http://www.legaltext.ee/indexen.htm


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