Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Norway (Ratification: 1990)

The Committee notes the detailed information and explanations provided by the Government in its reports. It would like the Government to furnish additional information concerning the application of the following provisions of the Convention:

Article 6 of the Convention. Please explain the content and supply the text of the rules adopted, if any, under section 1-2, subsection 2, paragraph 4, and subsection 3, last paragraph, of the National Insurance Act.

Article 7. According to the Government's first report, to achieve a more effective labour market policy several projects have been initiated to review employment programmes and to evaluate the unemployment benefit scheme in an overall perspective. The Committee would like to be informed of the outcome of these projects. Taking into account that the application of Part II of the Convention is closely related to the Employment Policy Convention, 1964 (No. 122), the Committee would also like to draw the Government's attention to its comments concerning the application of Convention No. 122.

Article 10, paragraph 3. According to the Government's first report, unemployment benefit may be combined with partial employment and is granted to persons who are partially unemployed because they are unable to obtain full employment. Please indicate the conditions, the amount and the duration of the unemployment benefit paid to part-time workers actually seeking full-time jobs, with reference to the relevant provisions of the laws and regulations.

Article 18, paragraph 3. Please indicate the content of the rules adopted, if any, pursuant to section 4-2, subsection 2, paragraph 4, of the National Insurance Act.

Article 20. The Committee notes, from the information supplied by the Government in the twenty-sixth annual report on the application of the European Code of Social Security and the Protocol to the Code, that Parliament has decided to abolish, as of 5 July 1993, entitlement to cash unemployment benefit while the insured person is receiving education or training or is engaged in unremunerated work. Please supply detailed information on the application of these measures in practice, as well as the texts of any relevant legal, regulatory or administrative provisions.

Article 20(f). According to section 4-2, subsection 3(d), of the National Insurance Act, entitlement to unemployment benefit shall lapse if the insured person refuses without due reason to participate in vocational training, retraining or rehabilitation qualifying for public grants, or in other labour market measures organized by the Labour Market Service. Please provide detailed information on what is meant by "other labour market measures".

Article 21, paragraph 2. Please supply a copy of the rules and guidelines for determining "suitable employment" adopted under section 4-2, subsection 3, of the National Insurance Act and provide statistical information on the number of cases in which the benefit was suspended due to refusal to accept the job offered by the employment market service.

Part VII of the Convention. In its statement under Article 4 of the Convention the Government indicates that "Norway has excluded Part VII from ratification". The Committee recalls in this respect that Article 4 authorizes a Member to exclude the provisions of Part VII from the obligations accepted by ratification only by a declaration accompanying the ratification of the Convention. As no such declaration was made at the time of ratification, the Committee considers that Norway remains fully bound by the obligations of Part VII of the Convention, which requires the Government to ensure social benefits, in accordance with prescribed terms and conditions, at the first stage to at least three of the ten categories of new applicants for employment mentioned in Article 26 of the Convention. The Committee further takes note, from the Government's first report and the legislation, of measures taken to provide certain social benefits in line with the Convention for persons seeking work and belonging in particular to categories (c) and (e). In these circumstances the Committee hopes that the Government will reconsider the question and in its next report indicate measures taken or contemplated to ensure the application of Part VII of the Convention to other categories of persons covered by it. The Government is in the meantime requested to provide additional information with regard to categories (a) and (h).

In addition, the Committee would be grateful if the Government would supply the latest consolidated versions of the National Insurance Act, No. 12 of 17 June 1966, and of the Act respecting measures to promote employment, No. 9 of 27 June 1947 (the consolidated versions available to the Committee in English date back to 1988 and 1971 respectively), together with an English translation, if available.