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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(1) of the Convention. Scope of application. Further to its previous request to indicate any specific legislative or other measures on maternity protection for women in atypical forms of dependent work, the Committee takes note of the Government’s reply in its report that all employees enjoy the same maternity protection regardless of employment conditions, including employees engaged in home work, telework, and temporary work.

Article 3. Health protection. The Committee previously requested the Government to indicate whether pursuant to the Act of 2005 No. 62 on working environment, working hours and employment protection (the Working Environment Act), employers in fact have documented the impossibility of re-assignment of pregnant and breastfeeding women to other work, and if so to explain whether this is due to the size of the employer or to other specific circumstances. The Committee takes note of the Government’s reply that the Government has no overview of the use of this provision, but it assumes that re-assignment of pregnant and breastfeeding women to other work will be easier in large enterprises.

Article 4(4). Compulsory post-natal maternity leave. The Committee takes note of the Government’s reply to its previous comments, indicating that the provision of section 12-4 of the Working Environment Act allowing a reduction of the six weeks’ compulsory leave after childbirth in case a medical certificate states that it is better for the woman to resume work, has been subject to general consultation, and there have been no objections from the social partners. The Committee considers this consultation to embody an agreement between the Government and the representative organizations of employers and workers, and that it meets the criteria set out in Article 4(4) of the Convention.

Article 9. Employment protection and non-discrimination. The Committee notes the Government’s indication that a person who is subject to discriminatory treatment on the grounds of pregnancy and parental leave may claim compensation for the related economic and non-economic losses, pursuant to section 38 of the Equality and Anti-Discrimination Act, 2017. The Committee further notes that the Anti-Discrimination Tribunal examines cases relating to discrimination (section 35 of the Equality and Anti-Discrimination Act, 2017). The Committee also takes note of the Government’s indication regarding an ongoing information campaign undertaken by the Equality and Anti-Discrimination Ombud on protection from discrimination against employees with children.

The Government further indicates that according to the 2020 amendments to the Equality and Anti-Discrimination Act, 2017, employers are now obliged to undertake and regularly report on active, targeted and systematic efforts to promote equality and prevent discrimination, including on the grounds of pregnancy, parental leave, and care responsibilities (section 26). The Committee, however, takes note that the United Nations Committee on Economic, Social and Cultural Rights, in its 2020 concluding observations, expressed concern about the reportedly low level of compliance of employers with the duties to take action and to report, pursuant to section 26 of the Equality and Anti-Discrimination Act, 2017 (E/C.12/NOR/CO/6, paragraph 16). The Committee requests the Government to continue to provide information on the measures taken to ensure that maternity does not constitute a source of discrimination in employment, pursuant to Article 9 of the Convention. The Committee further requests the Government to provide information on the number of cases relating to discrimination on the grounds of pregnancy and parental leave examined by the Anti-Discrimination Tribunal as well as on the compensation and damages awarded, as per section 38 of the Equality and Anti-Discrimination Act, 2017.

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

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.