Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Norway (Ratification: 1953)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 6 of the Convention. Averaging. Forty-hour week. The Committee previously noted that section 10-5(3) of the Working Environment Act (WEA), which provides that the Labour Inspection Authority may consent to normal working hours that on average, during a period not exceeding 26 weeks, are no longer than prescribed by section 10-4, on the condition that the total working hours do not exceed 13 hours per 24 hours and 48 hours per seven days, is not in line with Article 6 of the Convention. The Committee notes that the Government indicates in its report that, according to documentation from the Labour Inspection Authority, the authorities receive very few applications falling within the scope of application of the Convention (none in 2018, and eight in 2019). The Government also indicates that the Labour Inspection Authority places considerable emphasis on workers' safety and health when granting permits pursuant to section 10-5(3) of the WEA. Furthermore, the Committee notes that section 10-5(2) of the WEA, as amended by the Act on amendments to the Working Environment Act and the Generalization Act of 24 April 2015, prescribes that the employer and the employees' elected representatives in undertakings bound by a collective agreement may, in writing, agree that normal working hours shall be arranged in such a way that, on average, during a period not exceeding 52 weeks, they are no longer than prescribed by section 10-4, on the condition that the normal working hours do not exceed 12 and a half hours per 24 hours and 48 hours per seven days. The same section provides that when entering into an agreement involving normal working hours exceeding 10 hours per 24 hours, particular regard shall be paid to the employees' health and welfare. In this respect, the Committee observes that while the original section provided for a limit to normal daily working hours not exceeding 10 per 24 hours, section 10 5(3), as amended, allows up to 12 and a half daily working hours, which is not in line with Article 6 of the Convention. While noting the Government’s explanations regarding the application in practice of section 10-5(3), the Committee requests the Government to indicate how section 10-5(2) is applied in practice to the categories of workers under the scope of application of the Convention.

Article 7(2). Temporary exceptions. Circumstances. In previous comments, the Committee noted that section 10-6(1) of the WEA permits overtime in broad terms going beyond the limited cases provided for in Article 7(2) of the Convention. The Committee notes that the Government indicates that section 10 6(1) of the WEA implicitly refers to the following special cases: (i) when unforeseen impairments among the workers have disrupted or threaten to interfere with the smooth operation of undertakings; (ii) when overtime work and additional work are necessary to prevent damage to plants, machinery, raw materials or products; (iii) when unexpected work pressures have occurred; and (iv) when particular work pressures have arisen due to a shortage of labour with special expertise, seasonal fluctuations, and other reasons. The Committee notes this information, which addresses it previous request.

Article 7(3). Temporary exceptions. Limits to overtime. In its previous comment, the Committee noted that: (i) section 10-6(6) of the WEA permits the annual limit of 200 overtime hours to be exceeded if the worker so consents; and (ii) section 10-6(9) of the WEA provides that the parties to an employment relationship may agree on a working time arrangement permitting up to 16 working hours per 24 hours. The Committee notes that the Government does not provide any information in this regard. The Committee recalls that in its 2018 General Survey on working time instruments, paragraph 148, it indicated that the maximum number of additional hours, while not specifically prescribed by the Convention, must be kept within reasonable limits in line with its general goal to establish the eight-hour day and the 48-hour week as a legal standard for hours of work in order to protect against undue fatigue and ensure reasonable leisure and opportunities for recreation and social life. Hoping that the Government will examine – in full consultation with the social partners – the most suitable course of action with a view to keeping the number of additional hours allowed within reasonable limits that consider both the health and well-being of workers, and the employers’ productivity needs, the Committee requests the Government to provide further explanations on how the abovementioned provisions are applied in practice to the categories of workers covered by the Convention.

Article 7(4). Compensation for additional hours of work. In its previous comment, the Committee noted that section 10-6(12) of the WEA permits overtime hours to be compensated wholly in the form of extra time off, which is contrary to the express requirement of Article 7(4) of the Convention which requires the payment in all cases of an overtime premium of at least 25 per cent of the ordinary wage rate. The Committee notes the Government’s indication that, pursuant to sections 10–6(11) and (12) of the WEA, it is possible for the employer and the employee to agree that the overtime hours shall wholly or partly be taken out as time off on agreed dates, but that the overtime supplement cannot be converted into time off, so that employees must have an overtime pay of at least 40 per cent in addition to their normal salaries. The Committee notes this information, which addresses it previous request.

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

Articles 6 and 7 of the Convention. Averaging of hours of work – Overtime. The Committee recalls its previous comment that, as it currently reads, section 10 5(3) of the Working Environment Act (WEA), is not in line with Article 6 of the Convention, which allows the averaging of working time over a period longer than a week only in exceptional cases where the circumstances make the normal scheme of working time inapplicable, and also provides that the average hours of work do not exceed 48 hours per week and ten hours per day. While noting the Government’s explanation that such exemptions are mostly given for health workers, the Committee is bound to request the Government once more to consider the possible amendment of section 10-5(3) of the WEA in order to bring it into full conformity with the Convention on this point.

In addition, the Committee recalls that section 10-6 of the WEA permits overtime in broad terms going beyond the limited cases provided for in Article 7(2) of the Convention, and also permits the annual limit of 200 overtime hours to be exceeded if the worker so consents. Moreover, section 10-6(12) of the WEA permits overtime hours to be compensated wholly in the form of extra time off which is contrary to the express requirement of Article 7(4) of the Convention that requires the payment in all cases of an overtime premium of at least 25 per cent of the ordinary wage rate. Finally, section 10-6(9) of the WEA provides that the parties to an employment relationship may agree on a working time arrangement permitting up to 16 working hours per 24 hours. In this connection, the Committee notes that in its 2010 conclusions, the European Committee on Social Rights has found the situation in Norway not to be in conformity with the relevant provisions of the European Revised Social Charter on the ground that the legislation permits in certain cases working hours to go up to 16 hours. The Committee accordingly requests the Government to examine – in full consultation with the social partners – the most suitable course of action with a view to rendering the provisions of the WEA on overtime fully consistent with the letter and the spirit of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of application. The Committee notes that section 1-2(4) of the new Working Environment Act (WEA) No. 62 of 17 June 2005, as last amended by Act No. 10 of 23 February 2007, provides that the King may by regulation exclude parts of the public administration wholly or partly from the coverage of the WEA when the activity is of such a special nature that it is difficult to adapt it to the provisions of the Act. In this connection, the Committee recalls that the Government referred in earlier reports to Royal Decrees of 19 December 1958 and of 20 January 1959 which exempted certain parts of the public administration from some provisions concerning working hours of the Workers’ Protection Act of 7 December 1956. Bearing in mind these facts, the Committee requests the Government to indicate whether any Royal Decrees have so far been adopted by virtue of section 1-2(4) of the WEA and if other similar measures are currently in operation with a view to exempting certain parts of the public administration from its working hours provisions and, if so, to provide a copy of those Decrees.

Article 6. Averaging of hours of work. The Committee notes that section 10-5(3) of the WEA authorizes the Labour Inspection Authority to approve a distribution of working hours, according to which the total working hours during a period not exceeding 26 weeks may not exceed 13 hours per day and 48 hours per week. Recalling, on the one hand, that the Convention allows for the averaging of working hours over a period longer than the week only in exceptional cases where the circumstances in which the work has to be carried make the normal working hours scheme inapplicable, and also recalling, on the other, that the Convention provides that the hours of work in any day must not exceed ten hours, the Committee requests the Government to consider the possibility of amending these provisions of the WEA in order to align the national legislation with the provisions of the Convention in this regard.

Articles 5, 6 and 7. Authorized exceptions. The Committee notes that section 10-12(9) of the WEA provides that, if the work is of such a special nature that it would be difficult to adapt it to the provisions of Chapter 10 on working hours, the Ministry of Labour and Social Inclusion may by regulation issue special rules providing for exceptions from the provisions of this chapter. In this connection, it recalls that the only exceptions permitted under the Conventions are well-circumscribed conditions set out in Article 5 (making up of hours of work lost), Article 6 (averaging of hours of work) and Article 7 (permanent and temporary exceptions). The Committee therefore requests the Government to explain how the exceptions mentioned do not go beyond the limit permitted under the Convention.

Article 7, paragraph 2. Temporary exceptions. The Committee notes that section 10-6(1) of the WEA permits work in excess of agreed working hours when there is an exceptional and time-limited need for it. It observes that this provision is worded in such broad terms that risks to authorize extensive  interpretation going beyond what is permitted under this Article of the Convention, that is overtime work only in cases of: (i) accident, force majeure or urgent work; (ii) risk of loss of perishable goods; (iii) special work such as stocktaking; and (iv) abnormal work pressure due to special circumstances. The Committee therefore requests the Government to consider appropriate action in order to bring the national legislation into closer conformity with this Article of the Convention.

Article 7, paragraph 4. Rate of pay for additional hours of work. The Committee notes that section 10-6(12) of the WEA permits overtime hours to be compensated wholly or partly in the form of extra time off to be taken on agreed dates. In this connection, it recalls that the Convention requires in all cases an increased rate of pay for overtime work of not less than one-and-a-quarter times the regular rate. It therefore considers that compensation for additional hours in the form of paid holiday, but without an increased wage rate, does not give effect to this provision of the Convention. The Committee accordingly requests the Government to take the necessary steps in order to bring the national legislation into conformity with the Convention in this regard.

Part V of the report form. Application in practice. The Committee notes that the Government has not provided for many years general information on the practical application of the Convention. It would therefore be grateful if the Government would provide up to date information on the manner in which the Convention is applied in practice, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number and nature of working time-related offences observed and sanctions imposed, copies of collective pay agreements containing clauses on special working time arrangements, official surveys and studies addressing working time issues, etc.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 8 of the Convention. Consultations with employers’ and workers’ organizations. The Committee notes that the Government’s report does not reply to earlier observations made by the Norwegian Confederation of Trade Unions (LO) alleging lack of consultations with the social partners prior to the adoption of the new regulations on overtime. It therefore again requests the Government to specify whether the provisions of the new Working Environment Act (WEA) of 2005 on overtime regulations have been the subject of full and genuine tripartite consultations. It also requests the Government to discuss in the future with employers’ and workers’ organizations any problems arising out of Chapter 10 of the WEA on working hours and take the steps which may appear necessary to this end.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8 of the Convention. Consultation with workers’ and employers’ organizations. The Committee notes the observation made by the Norwegian Confederation of Trade Unions (LO) and its objection to the procedure used for legislating amendments to the Working Environment Act 1977, namely, section 50. Article 8 requires regulations made for the exceptions to the hours of work (overtime) to be made after consultation with workers’ and employers’ organizations concerned. LO holds that the amendment on overtime was adopted without substantial consultations with the social partners. The Committee hopes that the Government will discuss in the future, with the workers’ and employers’ organizations, any problems arising out of section 50 and take the steps which may appear necessary. The Committee also asks the Government to consult the workers’ and employers’ organizations on any proposals to amend legislation on permanent or temporary exceptions to the hours of work (Articles 6 and 7) in the future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 8 of the Convention. Consultation with workers’ and employers’ organizations. The Committee notes the observation made by the Confederation of Trade Unions in Norway (LO) and its objection to the procedure used for legislating amendments to the Working Environment Act 1977, namely, section 50. Article 8 requires regulations made for the exceptions to the hours of work (overtime) to be made after consultation with workers’ and employers’ organizations concerned. LO holds that the amendment on overtime was adopted without substantial consultations with the social partners. The Committee hopes that the Government will discuss in the future, with the workers’ and employers’ organizations, any problems arising out of section 50 and take the steps which may appear necessary. The Committee also asks the Government to consult the workers’ and employers’ organizations on any proposals to amend legislation on permanent or temporary exceptions to the hours of work (Articles 6 and 7) in the future.