Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Norway (Ratification: 1955)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption of the Immigration Act on 15 May 2008 and the Immigration Regulations, which entered into force on 1st January 2010. The new legal framework implementing the European Union Directive 2004/38 on free movement enables citizens from the European Union (EU), the European Economic Area (EEA) and the European Free Trade Association (EFTA) to work in Norway without a permit and establishes an “early employment scheme” allowing skilled workers to start working while their application for a residence permit is being processed. It also provides for rules regarding visas and residence permits for third-country nationals and strengthens family immigration rules. The Committee requests the Government to continue to provide information on any legislative and other developments with respect to migration for employment.

Articles 2 and 4. Information and assistance services to migrant workers. The Committee notes the information provided by the Government on the various public services responsible for assisting migrant workers, including the three service centres for foreign workers established jointly by the Directorate of Immigration, the Labour Inspection Authority, the police and the tax administration, where migrant workers can apply for residence permits and obtain information on their rights and obligations in Norway. The Committee understands that these centres are providing services to citizens from the Nordic countries, nationals from EEA countries, workers from other countries with qualifications as skilled workers or specialists, as well as their family members, and their employers. The Committee also notes that a booklet entitled “New in Norway” containing information on residence permits, employment rights, schools, health, transport and services is made available to foreigners arriving in Norway. The Committee asks the Government to continue to provide information on any measures taken to improve the access to adequate and free services of assistance for all migrant workers, in particular unskilled workers from countries outside the EU/EEA.

Article 6. Equality of treatment. Conditions of work, including remuneration. The Committee notes the information provided by the Government on cases of ethnic discrimination against migrant workers brought before the Equality and Anti-Discrimination Ombudsman and the Equality and Anti-Discrimination Tribunal, and refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). With respect to remuneration, the Committee refers to its previous comments under the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), and the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it noted that the purpose of Act No. 58 of 4 June 1993 concerning the general application of wage agreements was to ensure that wages and working conditions for foreign employees are equivalent to the conditions applicable to Norwegian employees. The Committee recalls that, under the Act, the Tariff Board may decide to adopt a regulation to extend specific provisions in collective agreements concerning wages and other working conditions, so that they will apply to all workers performing work within the scope of the agreement, including to foreign workers. The Committee notes from the Government’s report under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that such regulations are in force in the construction sector, the shipbuilding industry, the cleaning sector and in agriculture. The Committee asks the Government to provide information on any measures taken to ensure that migrant workers enjoy no less favourable treatment than nationals with respect to conditions of work, in particular remuneration, and on any regulations adopted by the Tariff Board to extend the provisions of collective agreements to foreign workers, indicating the sectors concerned.

Equality of treatment with respect to accommodation. The Committee notes the Government’s indication that the survey on living conditions among non-Western-Europe immigrants in 2005–06 shows that housing standards among immigrants have improved since 1996. With respect to the issue of discriminatory rental offers which has been raised by the Committee since 2000, the Committee requests the Government to provide information on the following: (i) any cases of discriminatory treatment based on nationality under the Ownership Act No. 31 of 1997 or the House Rent Act; (ii) any measures taken or envisaged to ensure that migrant workers enjoy treatment which is not less favourable than that enjoyed by nationals in the housing rental market.

The Committee also refers the Government to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).