Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Norway (Ratification: 1963)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Need to update information on the national law and practice. The Committee notes that in all reports on the abovementioned Conventions the information concerning the application of their substantive provisions has been limited to the repeated indication that “reference is made to previous reports”. In its observation on the Government report on Convention No. 19, the Norwegian Confederation of Trade Unions (LO) pointed out that the report “does not comment equal treatment between Norwegian and foreign citizens on issues like compensation. The LO assumes that Norwegian regulation on this matter has been elaborated in earlier reports”. Having looked through the reports on Conventions Nos 12, 19 and 118 back over the last 20 years, the Committee has not found the Norwegian regulation on equality of treatment to which the Government wished it to refer. Taking into account that regulations adopted over 20 years ago may be largely outdated, the Committee asks the Government to give an overview of the development of the national legislation in the area of the equality of treatment in social security, with particular emphasis on the employment injury benefit, and to indicate specific provisions of the current legislation and administrative regulations in force and corresponding national practices, which give effect to each of the substantive Articles, as requested in the report forms on these instruments. In doing so, the Government may wish to consider the question of whether, having been bound by the obligations of ensuring equality of treatment between nationals and foreigners in accident compensation under Convention No. 19 since 1929, Norway may be able to accept the obligations in respect of employment injury branch (g) of Convention No. 118 as well.

Need to provide comprehensive statistical information. The Committee notes from the report on Convention No. 118 that “as regards statistical data, reference is made to the report on Convention No. 19”. The Committee recalls that Norway has accepted the obligations of Convention No. 118 with respect to the following branches of social security: (f) survivors’ benefit and (i) family benefit, while Convention No. 19 concerns the employment injury branch and the report on this Convention provides only statistics on the number of occupational injuries. The Committee refers the Government to Part V of the report form on Convention No. 118 and asks it to provide statistical information concerning the approximate number of foreign workers in the national territory, their nationality, their occupational distribution, etc., as well as the number and amounts of survivors’ and family benefits and employment injury pensions paid abroad to Norwegian nationals and to the nationals of any other Member which has accepted respective obligations of Conventions Nos 118 and 19.

As what concerns statistics on the number of reported occupational injuries supplied in the reports on Convention No. 19, the Committee notes that, according to the report of 2011, the number of such injuries in 2010 was 813, while according to the report of 2016, the same number amounted to 16,052 and in 2014 increased to 24,000. The Committee asks the Government to explain these differences in numbers and to provide updated statistics on the number of reported occupational injuries and the number of benefits granted in compensation, particularly in case of fatal injuries, to national as well as to foreign workers. The Committee notes in this connection, from the report on the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), that Norway is currently giving priority to upgrade the statistical system concerning occupational injuries and diseases under the leadership of Statistics Norway and the Norwegian Labour and Welfare Organization in coordination with other authorities, including the Labour Inspection and the Ministry of Labour and Social Affairs, and other information technology projects. The Committee hopes that this important project will enable the Government to systematically include in its future reports on ILO social security Conventions full and comprehensive statistical information requested in their report forms.

Equal treatment of refugees and stateless persons. In view of the recent influx of refugees to Norway from the zones of conflict in Northern Africa and the Middle East under the quotas imposed by the European Union, please explain how equality of treatment without any condition of reciprocity is ensured, in accordance with Article 10(1) of Convention No. 118, to refugees from the countries concerned which have also ratified this Convention, including Iraq, Libya, Syrian Arab Republic and Tunisia.

[The Government is asked to reply in full to the present comments in 2018.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government, in particular concerning the conclusion of the Agreement on the European Economic Area (1992) and the Nordic Convention on Social Security (1992).

Article 6 of the Convention - branch (i) (Family benefit) (read with Article 9). Further to the Committee's previous comments, the Government states that it has not concluded any reciprocal agreements during this reporting period, but that it will continue its efforts to establish provisions of this kind whenever appropriate and expedient. Furthermore, for persons covered by the Agreement of the EEA (1992), section 73 of the Regulation (EEC) No. 1408/71, as amended by Regulation (EEC) No. 3427/89, will apply. Section 73 provides that an employed or self-employed person subject to the legislation of a Member State shall be entitled, in respect of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State, as if they were residing in that State. The Committee notes this information. It also notes from the statistical information supplied in the Government's report under the Workmen's Compensation (Accidents) Convention, 1925 (No. 19) that there are in Norway a significant and growing number of foreign workers from the Philippines. In view of the fact that this member State has also accepted the provisions of branch (i), the Committee would like the Government to indicate what measures have been taken or contemplated (by way of bilateral agreements or otherwise) to ensure the provision of family benefits to Filipinos working in Norway whose children remain resident in their country of origin, in conformity with Article 6 of the Convention.

Article 7 of the Convention. The Committee would appreciate being kept informed of any progress made in concluding bilateral agreements with other States which have ratified the Convention for the maintenance of acquired rights and rights in the course of acquisition.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 6 of the Convention - branch (i) (Family benefit) (read with Article 9)

Further to its previous comments, the Committee notes with interest that the convention on social security concluded with the Netherlands provides on reciprocal terms that each member State accepts the obligation to pay family allowance in respect of the children residing in its own territory. The Committee would be grateful if the Government would continue to supply information on any new developments in the conclusion of such bilateral agreements with other States concerned as well as any other international instruments.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 6 of the Convention - branch (i) (family benefit) (read with Article 9). In reply to previous comments made by the Committee, the Government indicates that mutual provisions to the effect that each member State accepts the obligation to pay family allowances in respect of the children residing in its own territory, have not yet been included in any of the agreements which Norway has concluded. It is the view of the Government that provisions of this kind could preferably be established on reciprocal basis. The Committee takes note of this information. It expresses again the hope that the Government will be able in its next report to provide information on the progress made in the conclusion of such agreements.