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Leia murele lahendus

Sa ei ole oma murega üksi. Siit leiad vastuse erinevatele diskrimineerimist puudutavatele küsimustele. Oleme siin selleks, et Sind aidata.

What language requirements can be set for a candidate?

Candidates may be required to provide evidence of proficiency in a language if it is part of the job qualification requirements.

Requirements for the use and proficiency of the Estonian language can be found in keeleseadus. Specific requirements for the level of proficiency in the Estonian language in a certain position are given in keeleseaduse rakendusmäärus nr 84. When recruiting for the positions listed in the Regulation, the employer may impose on candidates a language proficiency requirement equivalent to that specified in the Regulation.

In other cases, the level of language proficiency required must be based on the nature of the job. In accordance with Eesti Vabariigi põhiseadus, it is prohibited to discriminate anyone on the basis of their language. In võrdse kohtlemise seadus language proficiency has been identified as the so-called secondary discrimination characteristic. This means that there is also a requirement for equal treatment in the employment relationship with regard to language skills, and that people should not be treated less favourably because of their language skills.

All candidates must be treated equally when presenting a language proficiency requirement and demonstrating their proficiency. It is unacceptable to give preference to someone who speaks the required language as his or her mother tongue, has a name specific to a nationality, or make higher demands because he or she has one or another nationality.

For positions for which the Estonian language proficiency requirement is set at C1 level, the requirement for proficiency in Estonian at C2 level is not allowed as a recruitment and selection criterion, including, for example, for Estonian language teachers.

Language proficiency is assessed by the National Examination and Qualification Centre on exams A2, B1, B2 and C1. Passing the exam gives the highest level of proficiency in the Estonian language, i.e. C1. If an employer requires C2 proficiency in Estonian, the candidate will be put in a situation, where he or she will not be able to provide proof that he or she has proficiency in the required language.

The Estonian language proficiency examination does not have to be passed by a person who has acquired basic, secondary or higher education in Estonian, or a person who has passed a vocational examination in Estonian and works in the profession indicated on the professional certificate.

If you did not find an answer to your concern, you may contact the Estonian Commissioner for Gender Equality and Equal Treatment in a free format by sending an email to avaldus@volinik.ee. When contacting the Commissioner, the identity of the person shall not be disclosed and, upon request, anonymity shall be guaranteed.