Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Norway (Ratification: 1982)

The Committee notes the observations by the Norwegian Confederation of Trade Unions (LO) attached to the Government’s report and the observations of LO and the Norwegian Confederation of Unions for Professionals (UNIO) which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100).

Article 4 of the Convention. Paid leave and working arrangements. The Committee notes that as of 1 July 2014, the parental leave period that is reserved for the mother only and father only was reduced to ten weeks from 14 weeks each, and at the same time the remaining period that is to be shared between the parents was increased by eight weeks, so that the total benefit remained the same: 46 weeks with 100 per cent coverage or 56 weeks with 80 per cent coverage. Three weeks with benefit continues to be provided to the mother before the birth of the child. It further notes that in 2015, 85,367 women and 58,382 men received parental benefits. The Committee notes the concerns expressed by the LO and UNIO in their observations under Convention No. 100 that, as a result of the reduction in the paternity leave from 14 to 10 weeks, fathers take less leave and mothers are becoming more homebound. The Committee asks the Government to provide information on the rationale for the changes and their impact in practice on both men and women in exercising their right to parental leave. The Government is also asked to provide statistics on the use and length of parental leave taken by men and women and trends over the five-year reporting period.

Article 5. Childcare and family services and facilities. Recalling its previous comments, the Committee notes the information concerning the provision of childcare facilities, including the existence of an individual legal right to a place in a kindergarten institution and the legal obligation of local authorities to provide a sufficient number of places. It welcomes the information that the number of children in kindergartens has increased considerably since 2005, including among language minority children (2015: 90.4 per cent of all children between 1 and 5 years had a place in a kindergarten) and that fees have continued to decrease. The Committee notes the importance placed by the LO on the provision of available and affordable childcare, the need to keep the cost level down and the positive effect this can have in enabling women, in particular, to participate in working life on a full-time basis. The Committee asks the Government to continue to provide information on the availability, cost and use of childcare facilities.

Article 8. Protection against dismissal. The Committee notes from the information supplied under Convention No. 100 that findings of a survey on discrimination based on pregnancy and parental leave, conducted by the Equality and Anti-Discrimination Ombud in 2014, reveal that 55 per cent of women workers and 22 per cent of men workers reported having experienced discrimination associated with pregnancy and parental leave. Thirty-six per cent of women workers reported having experienced two or more cases of discrimination particularly related to having children. The Ombud considered these findings very serious and has undertaken several awareness-raising and training sessions in order to prevent discrimination based on pregnancy and family responsibilities. The Committee further notes that the Norwegian Directorate for Children, Youth and Family Affairs has prepared a guide for employers, in cooperation with representatives of employers and workers organizations, to promote greater awareness of the rights and obligations related to pregnancy and parental leave, and to help ensure that women and men are not discriminated against, and that stereotyped perceptions of the care roles of women and men do not affect workers’ exercise of parental leave or views on their ambitions for working life. The Committee asks the Government to provide information on the impact of the measures that have been taken to follow up and address the findings of the survey on discrimination by the Ombud. It also asks the Government to provide information on any other measures taken to prevent discrimination and ensure full compliance with the law in regard to access to employment, promotional opportunities and terms and conditions of employment for men and women taking parental leave. It also asks the Government to provide information on any complaints and judicial and administrative rulings or decisions concerning issues of termination of employment or other discriminatory treatment in employment related to grounds of family responsibilities.