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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO) which were submitted with the Government’s report.

Article 1 of the Convention. Information on national policies, laws and regulations. Application in practice. The Committee notes the Government’s indication, in its report, that: (1) a new Integration Act entered into force on 1 January 2021 which aims, inter alia, at supporting immigrants to integrate into Norwegian society and to become economically independent by acquiring a good level of proficiency in Norwegian, knowledge of Norwegian society, formal qualifications and a stable connection to work life; and (2) as of 1 March 2021, it implemented “Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets” which aims at facilitating the free movement of workers by providing information and employment support services to workers and employers. It also notes LO’s reference to amendments made to the Working Environment Act (WEA), entered into force on 1 April 2023, strengthening the conditions in which it is possible to have recourse to temporary agency work. According to LO, the measure is an attempt to protect migrant workers against discrimination in the labour market by securing jobs on par with Norwegian workers. The Committee also notes the Government’s indication that, since 2015, eight joint authorities’ centres have been created to combat work-related violations. Tax administration, the police, the labour and social welfare administration and the labour inspectorate’s priorities in these centres are to focus on the most severe challenges in the labour market. Given the vulnerable situation of migrant workers in Norway, the cooperation between these agencies focuses on ensuring decent work conditions. The Government also indicates, in its report under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that a white paper on integration policy will be presented to Parliament in the spring of 2024, which will, inter alia, evaluate the effects of the new Integration Act and present concrete measures to move forward. 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 Government’s indication that service centres for foreign workers (SUA) are established in five cities in Norway. They provide guidance and can also receive information about violations of labour conditions. The Norwegian Labour Inspection Authority, in cooperation with the labour inspectorates of Bulgaria, Estonia, Lithuania and Romania, has published an information campaign towards posted and migrant workers in Norway. The Government adds that, to implement Regulation (EU) 2016/589, the EURES Service in Norway is delivered by the Norwegian Labour and Welfare Administration (National coordination office) and includes information on living and working in the country, the labour situation, how to find and apply for jobs, relocation process to Norway, and recruitment and placement. Furthermore, the website “New in Norway” (nyinorge.no) which had been shut down in June 2022 for security reasons, has reopened in June 2023 in a more limited version and the Directorate of Integration and Diversity (IMDi) will add to it information specifically aimed at migrant workers in 2024. The Committee further notes that the Job Opportunity programme (Jobbsjansen) is aimed at immigrants between 18 and 55 years who require basic qualifications in order to join the labour market. In this regard, it notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), noting that the provisions of the Integration Act on the admission of adult immigrants to vocational and university studies were not targeted at candidates with lower educational background, who will often be predominantly women, recommended setting up structures to provide support to migrant women and girls to acquire the necessary qualifications to make them eligible for access to university and vocational studies, with a view to contributing to their autonomy (CEDAW/C/NOR/CO/10, 2 March 2023, paragraphs 38–39). The Committee also notes the 2022 report from the Organisation for Economic Co-operation and Development (OECD) which underlines that Norway has a diverse migrant population, with different integration needs. According to the report, in 2020, 68 per cent of immigrants were in employment. However, the difference in employment rates between European Union (EU) born and non-EU-born are higher in Norway than elsewhere, for both genders. Overall employment rates of EU-born are, at 76 per cent, well above the EU average of 70 per cent, but this is not the case for non-EU immigrants (62 vs. 65 per cent). The report also points to the highly decentralised integration system where coordination is a challenge (OECD (2022), Skills and Labour Market Integration of Immigrants and their Children in Norway, pages 7–8). 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 Government’s indication that there is no general minimum wage for all sectors in Norway but that minimum wages have been introduced in certain sectors in general application of collective agreements. The main purpose is to ensure that foreign workers receive wages and working conditions similar to those of Norwegian employees and to prevent unfair competition in the labour market. The following sectors generally have collective agreements: agriculture and horticulture; commercial and household cleaning; construction; electricians; hotel, restaurant and catering; fish processing; road freight haulage; tour bus drivers; and shipyard and shipbuilding industry. In 2023, the Tariff Board adopted regulations to extend the provisions of collective agreements in all the above sectors to foreign workers (except if the worker is entitled to more favourable conditions according to an agreement or pursuant to the legislation that applies in the country of origin). The Committee also notes that the above-mentioned 2022 report from the OECD states that despite efforts made, there remain substantial wage differences between the native and foreign-born workers. Many immigrants have relatively low income and are more likely to face relative poverty (page 125). The Committee asks the Government to continue providing information on measures taken to ensure that migrant workers, including women, enjoy no less favourable treatment than nationals with respect to conditions of work, in particular remuneration.

Equality of treatment with respect to accommodation. In reply to its previous comment, the Committee notes the Government’s indication that the Norwegian Consumer Council found that 18 per cent of renters felt discriminated against in the private sector and that 27 per cent of those believed the discrimination was based on their ethnicity. The Government adds that an independent commission has recently been established to suggest improvements to the Tenancy Act and will deliver its recommendations in 2024. Research on the extent of the problem has also been commissioned by the Ministry of Local Government and Regional Development and should be published by the end of 2023. The Committee asks the Government to provide information on: (i) any measure taken or envisaged, as a follow-up to the work of the independent commission and the research or otherwise, to ensure that migrant workers are not discriminated against in the housing rental market; and (ii) any judicial decision concerning discrimination in housing based on nationality.

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

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).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Legislative and other developments. The Committee notes with interest the legislative developments and policy measures relating to the integration and protection of migrant workers. It notes in particular the Act on Prohibition of Discrimination based on Ethnicity, Religion, etc. (Anti-Discrimination Act), 2005, and the Act on the Equality and Anti-Discrimination Ombud and the Equality and Non-Discrimination Tribunal, 2005, which entered into force in 2006, as well as the Introductory Programme and Norwegian Language Instruction for Newly Arrived Immigrants (Introduction Act) No. 13 of 2005. Furthermore, in October 2006 the Government adopted a comprehensive Action Plan for Integration and Social Inclusion of the Immigrant Population and Goals for Social Inclusion, which came into force in 2007. The Committee asks the Government to provide information on any activities carried out under the Action Plan for Integration and Social Inclusion of the Immigrant Population and the impact of the Plan on achieving the objectives of the Convention, i.e. facilitation and control of migratory flows, protection of rights of migrants, equality of treatment between migrants and nationals, and cooperation between States.

Migration trends. The Committee notes with interest the comprehensive study on “Gender and migration. Similarities and disparities among women and men in the immigrant population” – published by Statistics Norway in 2008. The study covers issues such as labour market participation, education and childcare policies and is in the view of the Committee an example of good practice of gender sensitive data gathering on current and future migration trends. The Committee encourages the Government to continue this kind of research for the purpose of identifying priorities in migration policies as well as issues in the application of this Convention and on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Articles 2 and 4. Migration information and assistance services. The Committee notes that the aim of the Introductory Programme for newly arrived immigrants, which covers refugees, persons admitted on humanitarian grounds and family members reunited with them, is to provide basic skills in the Norwegian language, insight into Norwegian society and prepare for participation in working life and education. The Government states that the effects of the programme are being monitored and that there are indications that these have been positive. The Committee notes in this regard that the Confederation for Professionals (UNIO) considers that language education and training is currently not sufficient for ethnic minorities and questions the positive effects mentioned by the Government. The Committee refers to Paragraph 5 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), and requests the Government to (a) indicate the positive impact of the introductory programme for migrant workers; (b) provide information on any measures taken to increase language training for migrant workers in general and not only for refugees and their families; and (c) indicate how it is ensured that migrant workers receive adequate assistance on matters relating to migration.

Article 6. Equality of treatment. The Committee notes that the Anti-Discrimination Act of 2005, along with the Act on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal establish two new mechanisms (Ombud and Tribunal) competent to decide on individual complaints concerning discrimination. The Committee also notes the Government’s indication that measures against discrimination at the workplace have been implemented under the Action Plan to Combat Racism and Discrimination (2002–06). Furthermore, the Government is conducting two studies, one on “the living conditions among non-western immigrants” identifying perceived discrimination and special challenges in the labour and housing markets, and one on “immigrants’ path into Norwegian society”, covering developments with respect to employment, education, income and living conditions. The Committee requests the Government to indicate whether cases concerning discrimination against migrant workers, including women migrant workers, have been brought before the Equality and Anti-Discrimination Tribunal and the Equality and Anti-Discrimination Ombud. Please also provide information on the implementation of the Action Plan to Combat Racism and Discrimination and its impact on strengthening the principle of equality of treatment in respect of migrant workers, as well as information on the findings of the studies and any follow-up given to any recommendations made with respect to non-discrimination and equality of treatment of migrants and nationals.

Equality of treatment with respect to accommodation. The Committee notes that a study on discrimination in the rental housing market is envisaged under the Action Plan for Integration and Social Inclusion of the Immigrant Population. The Committee requests the Government to provide information on the findings of the study on the discrimination faced by migrant workers in the housing rental market as well as on the measures taken or envisaged to address any such discrimination. The Committee further reiterates its request to the Government to indicate whether it envisages amending the legislation concerning rentals in order to align it with the Joint Ownership Act, or whether the provisions applicable to subletting with regard to unlawful discrimination will be extended to letting in general.

Article 8. Recalling that, on the occasion of the General Survey of 1999 on Migrant Workers, Article 8 was mentioned by governments as one of the provisions of the Convention causing the greatest difficulties of application (paragraphs 600–608), the Committee reiterates its request for information on the practical application of the right of migrant workers admitted into the country on a permanent basis to continued residence in case of incapacity for work due to illness contracted or injury sustained subsequent to entry.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Article 1 of the Convention.  The Committee notes the adoption of the regulation on immigration for employment, particularly the provisions facilitating access to the Norwegian labour market. Hence, under this new instrument, provisions concerning seasonal labour have been widened so that, henceforth, work permits for this category of migrant workers can be issued throughout the year, not only in the period 15 May to 31 October of each year. Another innovation of the regulation is that the provisions concerning foreign jobseekers have been extended from those with technical training at a higher level to those with less advanced qualifications in order to remedy the shortage of technically trained labour at national level, but also in the Nordic countries and in member countries of the European economic area, particularly in the sectors of health care and the new information technologies.

2.  Article 6.  Recalling that under paragraph 1 of this Article, any State which has ratified the Convention undertakes to apply, without discrimination in regard to nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of the Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on an equal footing with their male counterparts, foreigner or other, in regard to their living conditions and conditions of employment, social security, employment-linked taxes and access to legal proceedings - in view of the growing feminization of migrant workers (see paragraphs 20-23 and 658 of the 1999 Committee of Experts General Survey on migrant workers).

3.  The Committee has also noted the ruling made by the Supreme Court concerning section 349(a) of the Civil Penal Code. This article states that any person who, in an occupational or similar activity, refuses any person goods or services on the same conditions as apply to others, because of his religion, race, colour of his skin, national or ethnic origin, shall be liable to fines or imprisonment. In this ruling, the Supreme Court acquitted the owner of a housing agency which classified information on apartments to let on the basis of the owners’ willingness or not to let them to foreign nationals. The Supreme Court ruled that the housing agency could not be held responsible for the discriminatory nature of these offers to rent and that the responsibility lay with the owners of the apartments, who were not affected by the penal provision in question and could not therefore be prosecuted on the basis of this provision. The Committee notes that under the new Joint Ownership Act No. 31 of 23 May 1997 on the joint ownership of housing, it is always possible for joint owners to stipulate that the occupant or tenant of part of a building must be approved by the assembly of joint owners, that refusal must be based on sound reasons and that, in the preparatory work of the Act, it is specifically stated that colour, cultural background, nationality, citizenship, etc. are not acceptable grounds for refusal. It also notes that under the new House Rent Act which came into force in January 2000, the lessor may not refuse to allow the tenant to sublet parts of the dwelling, or subletting during the tenant’s temporary absence, without sound reasons, and that basing the decision on the nationality or race of the tenant will be regarded as discriminatory.

4.  The Committee wishes to know, first, whether proceedings have been taken against the owners of the apartments who offered rentals of a discriminatory nature on the basis of any provision other than section 349(a) of the Penal Code. It also requests the Government to indicate whether it envisages amending the legislation concerning rentals in general in order to align it on the Joint Ownership Act or whether the provisions applicable to subletting in regard to unlawful discrimination will be extended to letting in general.

5.  Article 8.  This Article was mentioned by the Government as one of the provisions of the Convention causing the greatest difficulties of application during the abovementioned General Survey (paragraphs 600-608 of the survey) and the Committee would be grateful if the Government would supply information on the practical application of maintenance of the right of resident in the event of unfitness for employment of migrant workers admitted on a permanent basis (on arrival or after a certain period).

6.  The Committee also refers to the comments made under application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

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

The Committee takes note of the information supplied by the Government in reply to its previous comments. It asks the Government to continue to supply information on the practical application of the Convention, in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Immigration Act of 24 June 1988 and the Immigration Regulations of 1990 entered into force on 1 January 1991. It would be grateful if the Government would provide information on the practical application of the Convention in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes with interest the adoption of further legal and practical measures designed to promote and guarantee equality of opportunity and treatment between nationals and immigrants. It also notes from the Report No. 39 on Immigration Policy submitted to the Storting (Parliament) that special measures are foreseen to combat persisting difficulties and various types of discrimination in employment and accommodation. In this connection, the Committee would be grateful if the Government would continue in its future reports to supply information on any progress achieved to ensure in practice equal access to employment and accommodation for migrant workers as provided by Article 6, paragraph 1(a)(i)(iii), of the Convention.