Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Maternity Protection Convention, 2000 (No. 183) - Norway (Ratification: 2015)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. Scope of application. The Government indicates in its report that the Norwegian regulations encompass all women who are gainfully employed, including those employed in atypical forms of paid work. The Committee notes that in accordance with section 1-8 of Act of 2005 No. 62 on working environment, working hours and employment protection of 17 June 2005 (“Working Environment Act”), the definition of employee covers “anyone who performs work in the service of another”. In addition, section 1-5 of the Working Environment Act states that “the Ministry [of Labour and Social Affairs] may issue regulations concerning work performed at the home of an employee” and that it “may provide in regulations that the provisions of the Act shall wholly or partly apply to an employee who performs domestic work, care or nursing at the home of the employer”. The Committee requests the Government to state whether specific legislative or other measures have been taken or are contemplated in respect to maternity protection for women in any atypical form of dependent work (for example telework, temporary work, etc.), including work performed at the home of the employee or employer.

Article 3. Health protection. The Government indicates that under regulations adopted pursuant to the Working Environment Act, pregnant and breastfeeding women shall be reassigned to other work if exposures in the working environment may pose a risk of reproductive harm, and that should such reassignment be impossible, the employer must document this in writing. The Committee requests the Government to indicate whether in fact employers have documented the impossibility of re-assignment in specific situations, and if so to explain whether this is due to the size of the employer or to other specific circumstances.

Article 4(4). Compulsory post-natal maternity leave. In accordance with section 12-4 of the Working Environment Act, the duration of the post-natal maternity leave is the first six weeks after giving birth. However, the Committee notes that a woman can resume work earlier than prescribed leave in case a medical certificate states that it is better for the woman. Recalling that the reduction of the six weeks' compulsory leave after childbirth is only allowed by the Convention if there is an agreement to such effect between the Government and the representative organizations of employers and workers, the Committee requests the Government to explain whether the consultations with the social partners have been held on this point.

Article 9. Employment protection and non-discrimination. Section 6 of the Act relating to equality and a prohibition against discrimination of 16 June 2017 (Equality and Anti-Discrimination Act) prohibits, amongst others, discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, and care responsibilities. Section 10 of the Equality and Anti-Discrimination Act states that differential treatment on the basis of pregnancy, childbirth, breastfeeding or leave in connection with childbirth or adoption is not permitted with regard to recruitment and dismissal. The Committee, however, notes in its Direct Requests, 2017, on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156), by Norway that according to the survey on discrimination based on pregnancy and parental leave, conducted by the Equality and Anti-Discrimination Ombud in 2014, 55 per cent of women workers and 22 per cent of men workers reported having experienced discrimination associated with pregnancy and parental leave. The survey further notes that 36 per cent of women workers reported having experienced two or more cases of discrimination particularly related to having children. In view of this data, the Committee requests the Government to indicate what follow-up was given to the Ombud report and what measures are foreseen to ensure that maternity does not constitute a source of discrimination in employment, including such reparations and sanctions as may be deemed appropriate.