Equal Remuneration Convention, 1951 (No. 100) - Norway (Ratification: 1959)

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

Previous comment

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication that, at the end of 2022, women’s wages were 87.6 per cent of men’s wages (namely a gender pay gap of 12.4 per cent), a decrease from 87.9 per cent in 2021 (gender pay gap of 12.1 per cent). The Government mentions several factors which may explain, in part, this negative trend and current situation but recognizes that “unequal pay for equal work constitutes a significant part of the gender pay gap”. The Committee also notes that, according to EUROSTAT, the unadjusted gender pay gap in Norway stood at 14.3 per cent in 2021; and that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns at the gender wage gap resulting from occupational segregation (CEDAW/C/NOR/CO/10, 2 March 2023, paragraph 40(d)). The Government recalls that all public employers and large private employers have a duty to map wage differences by gender, which is key for more gender equality as it is a basis for assessing whether there exist wage differences between men and women in the undertaking and for implementing measures. The Government recognizes, however, that there is no tool or system for obtaining an overview of data from the various enterprises’ wage surveys to enable the authorities to assess national status. The Government therefore commissioned the Centre for Research on Gender Equality (CORE) to investigate the possibilities for developing a tool or system that allows data on wage mapping to be consolidated in a database in order to obtain an overview of the situation at the national level. It adds that, together with the social partners, it will initiate a project on wage differences between men and women and their causes. The Committee asks the Government to provide information on the results of the study carried out by the Centre for Research on Gender Equality (CORE), as well as the project on wage differences developed with the social partners, and the follow-up measures taken. Please continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors.

Principle of equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication that amendments to the Equality and Anti-Discrimination Act (EADA) requiring employers to carry out salary surveys every two years entered into force on 1 January 2020. So far, only one round of the survey has been carried out, which is too little time to measure the effect of the new provisions. The Government adds that the Equality and Non-Discrimination Ombud (which is tasked with providing guidance and following up on the duty to map wages and also offers regular courses on the subject) recommended that the authorities clarify the obligations of the employers, who seem to have difficulties understanding them. The Government also indicates that no amendment to the legislation, with a view to extend the scope of application of the principle of equal remuneration for work of equal value beyond the same establishment or enterprise, is foreseen. In this regard, the Government refers to: (1) the European Committee on Social Law’s non-binding opinion that limiting the equal pay provisions to remuneration within the same enterprise is in breach of the Social Charter (article 20c); and (2) the “Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”, in which, according to the Government, the scope of application of the principle of equal remuneration for work of equal value does not go beyond the same establishment or enterprise. In this regard, the Committee recalls that: (1) the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and (2) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the fundamental Conventions, paragraphs 697–699). The Committee asks the Government to provide information on: (i) the implementation, in practice, of the provisions of theEquality and Anti-Discrimination Act regarding pay equity, including how it is ensured that employers take measures once they have identified pay inequalities, and the types of measures taken; and (ii) how the principle of equal remuneration for work of equal value is applied beyond the same establishment or enterprise.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the very succinct information communicated by the Government on measures taken by the social partners to address pay inequalities between men and women. It wishes to recall that, under Article 4, each Member shall co-operate as appropriate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention. The Committee therefore requests the Government, once again, to provide examples of any specific measures taken by the social partners and through tripartite cooperation, to achieve equal pay between men and women in both the public and private sectors; as well as of any activities undertaken to raise awareness of the principle of equal remuneration for work of equal value, among social partners and the general public.

Article 3. Objective job evaluation. The Government refers to a project, involving the social partners, which shall provide employers, workers and the authorities with an overview and analysis of the current wage differences between men and women at the national level and its causes. The Committee requests the Government to provide information on the result of the above-mentioned project and any follow-up measures adopted to address pay differentials between female- and male-dominated occupations. It also reiterates its request to the Government to provide information on any measures taken or envisaged to introduce objective job evaluation measures.

Enforcement. The Government indicates that the websites of both the Anti-Discrimination Tribunal and the Equality and Anti-Discrimination Ombud display information on the available means of redress. It does not cite any specific measure taken or activity carried out to give visibility to the means of redress available to victims of discrimination. As regards judicial cases, the Government indicates that, during the reporting period, there were 26 cases relating to equal remuneration handled by the Tribunal: 17 were dismissed or closed, 9 were heard in full and in only one case the Tribunal found a violation of the equal pay provisions (case of a female prison doctor with a lower salary than her male colleagues). As regards the low percentage of discrimination cases examined on the substance and of decisions in favour of complainants, the Committee refers to the comments it made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on: (i) any measures taken or envisaged to raise awareness on the means of redress available to victims of discrimination; and (ii) the number and outcome of equal pay cases addressed by the Anti-Discrimination Tribunal.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Norwegian Enterprise (NHO), the Norwegian Confederation of Trade Unions (LO) and the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes, from the statistical information provided by the Government, that the gender pay gap (full-time equivalent of monthly average earnings) slightly decreased from 2015 to 2019 (women’s earnings as a ratio of men’s going from 85.3 to 87.6 per cent). In terms of occupation, the gap is highest for managers, managing directors and chief executives, professionals, and technicians and associate professionals, where the above-mentioned ratio ranged from 81.2 to 82.2 per cent in 2019. As noted by the Government, it is in the financial and insurance sector that the gap is the largest, with women’s earnings being, on average, 72.2 per cent that of men’s. The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap, and to continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors.

Principle of equal remuneration for work of equal value. Legislation. In its previous comment, the Committee asked the Government to: (1) indicate the specific policy and programmes developed to explicitly tackle the gender pay gap and promote equal pay for work of equal value; and (2) provide information on the types of measures that have been taken to target and address pay inequalities in the workplace reported by employers, as well as information on the implementation of the duty to disclose wage information; and information on any impact the new law would have on the legal protections and the practical implementation of equal pay for work of equal value. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the information provided by the Government and the adoption of the Equality and Anti-Discrimination Act (EADA), which entered into force on 1 January 2018, replacing the four previous acts on gender equality and anti-discrimination, as well as the further amendments to the EADA, entered into force on 1 January 2020. More specifically, it notes that the amended version of Section 26 of the EADA provides that all public undertakings, regardless of size, and private undertakings that ordinarily employ more than 50 persons shall, in the context of their operations, investigate whether there is a risk of discrimination or other barriers to equality, “including by reviewing pay conditions by reference to gender and the use of involuntary part-time work”, every two years. The same shall apply to private undertakings that ordinarily employ between 20 and 50 persons if that is requested by workers’ or employers’ representatives. In this regard, the Committee notes that, in its 2020 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) stated its concerns about: (1) the effectiveness of this provision, as private employers with fewer than 50 employees, which is the case for over 97 per cent of private employers, are fully or conditionally exempted from this duty to report; and (2) the reportedly low level of compliance with the duties to take action and to report. It recommended strengthening penalties for non-compliance with such duties (E/C.12/NOR/CO/6, 2 April 2020, paragraphs 16 and 17). The Committee also notes that Section 34 of the EADA provides that “Women and men in the same undertaking shall receive equal pay for the same work or work of equal value. Pay shall be set in the same way, without regard to gender.” It recalls that: (1) the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and that (2) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the Fundamental Conventions, paragraphs 697–699). In view of the above, the Committee asks the Government to provide information on: (i) the measured impact of the new legislation and its implementation in practice, including the types of measures taken when employers report pay inequalities in the workplace, as well as specific policies and programmes developed to explicitly tackle the gender pay gap and promote equal pay for work of equal value; and (ii) any measures taken or envisaged to amend the legislation so that the scope of application of the principle of equal remuneration for work of equal value goes beyond the same establishment or enterprise.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. Previously, the Committee asked the Government to provide information on the specific measures taken by the social partners to achieve equal pay between men and women in both the private and public sectors, including any agreements reached to address pay inequalities, and any activities undertaken to raise awareness of the principle of the Convention among workers, employers and their representatives. The Committee notes the Government’s statement that the social partners are responsible for conducting wage negotiations, the authorities acting as legislator and facilitator, and its reference to the Norwegian Technical Calculation Committee for Wage Settlements as well as to the Council for Working Life and Pensions Policy and its working group on equality in working life. In this regard, the Committee also notes UNIO’s observations that the basic equal pay issue is not going to be resolved as long as the responsibility for wage determination rests solely on the social partners. It further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2017 concluding observations, underlined that the wage gap, in a horizontally and vertically gender-segregated employment market, had only slightly narrowed (and increased as the level of education rose) and that collective wage negotiations by social partners may have led to collective bargaining agreements that include gender discriminatory wages. It recommended that the Government establish a structure to monitor collective bargaining agreements to ensure that they are not gender discriminatory (CEDAW/C/NOR/CO/9, 22 November 2017, paras. 36 and 37). The Committee notes that the Government did not provide any examples of specific measures taken, or agreements reached, by the social partners to address pay inequalities and achieve equal pay between men and women, nor of any activities undertaken to raise awareness of the principle of the Convention. The Committee asks the Government, once again, to provide information on any specific measures taken by the social partners and through tripartite cooperation, to address pay inequalities and achieve equal pay between men and women in both the public and private sectors; as well as on any activities undertaken to raise awareness of the principle of equal remuneration for work of equal value among social partners and the general public.

Article 3. Objective job evaluation. The Committee notes that, in reply to its previous comment on the issue, the Government reiterates that objective job evaluation is not used in Norway and that there has been no review of this position since the last report. It also notes UNIO’s observation that there has been a hearing in Parliament taking as an example the Icelandic equal pay standard and certification system and that objective job evaluation is a relevant method for considering wage inequalities, provided users are trained to provide relevant data. In view of the persistent gender pay gap, the Committee requests the Government to provide information on any measures taken or envisaged to introduce objective job evaluation measures. Please also provide information on any action taken to address pay differentials between female- and male-dominated occupations so as to determine whether the work is of equal value, based on objective criteria free from gender bias.

Enforcement. The Committee previously requested information on the number and outcome of equal pay cases addressed by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal. In this regard, it notes that amendments to the Act relating to the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal (Equality and Anti-Discrimination Ombud Act, EAOA) were adopted by Parliament on 11 June 2019 and entered into force on 1 January 2020. The Committee notes the information provided by the Government on the activities of the Tribunal, including a recent case where the Tribunal concluded that there had been a violation of the law by a university offering a significantly higher salary to a male candidate for a position of associate professor than what it paid a woman recently hired for the same position. It also notes UNIO’s observation that the very few complaints on this matter and the even fewer decisions in favour of the complainant, clearly show that women have little protection against individual pay discrimination and no protection against structural pay discrimination. The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness on the available means of redress. It also asks the Government to continue to provide information on the number and outcome of equal pay cases addressed by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the Norwegian Confederation of Trade Unions (LO) and by the Norwegian Confederation of Unions for Professionals (UNIO) attached to the Government’s report.

Article 1 of the Convention. Principle of equal remuneration for work of equal value. Further to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the adoption by Storting (Parliament) of a white paper on Gender equality in practice – Equal opportunities for women and men (2015–16) and the Government’s indication that its efforts towards gender equality in working life include helping to provide more opportunities for young men and women who choose education and occupations that promote a less gender-divided labour market. The Committee notes the various programmes undertaken to address the gender-segregated higher education studies which are aimed at broadening choices and breaking down gender-segregated occupational barriers associated with pay disparity. However, the Committee also notes the lack of any mention among Government aims to specifically reduce the gender pay gap or better promote equal remuneration for work of equal value. The Committee asks the Government to indicate the specific policy and programmes developed to explicitly tackle the gender pay gap and promote equal pay for work of equal value.

Article 2. Legislation. The Committee notes the information concerning the obligation under the Gender Equality Act of 2013 in sections 23 and 24 concerning the active duty and reporting requirements of all employers in the private and public sectors to promote gender equality in, inter alia, recruitment, pay, working conditions, promotion, and development opportunities. The Committee welcomes the introduction of the new rule under which an employee who suspects wage discrimination may require the employer to provide written information about wage levels and about the criteria used to determine wages for comparable employees. It notes that the purpose of introducing a duty to disclose wage information was to promote greater wage transparency in the workplace and to equalize pay between men and women. The Committee agrees with the Government that transparency in matters of compensation is an important factor in preventing discrimination, and asks the Government to provide information on the types of measures that have been taken to target and address pay inequalities in the workplace reported by employers pursuant to their obligations in sections 23 and 24 of the Gender Equality Act, as well as information on the implementation of the duty to disclose wage information. The Committee refers to its comment under Convention No. 111, including the observations of the LO and UNIO, concerning the ongoing work on the consolidation of gender equality and anti-discrimination legislation and asks the Government to provide information on any impact the new law will have, including on the duties set out in sections 23 and 24, on the legal protections and the practical implementation of equal pay for work of equal value.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the adoption of Parliamentary Decision No. 612 in which Parliament requested the Government to demand a timetable from the social partners on their efforts to reach equal pay between men and women. The Decision also gave the proposed tripartite collaboration on equality a mandate to work with equal pay issues. The Committee notes the Government’s intention to further develop the tripartite collaboration to promote gender equality in working life. The Committee further notes the LO’s observation that collective bargaining, wage agreements and policy-making are also most important to promote women’s equality. The Committee asks the Government to provide information on the implementation of Decision No. 612 including the agenda and timetable of actions of the social partners to achieve equal pay between men and women in both the private and public sectors. Please provide information on the specific measures taken by the social partners, and through tripartite cooperation, including any agreements reached to address pay inequalities, and any activities undertaken to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their representatives, and the results thereof.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job evaluation is not extensively used and that the Equal Pay Commission concluded some years ago that it was not seen as a good strategy towards equal pay. It also recalls the Government’s indication that, in the context of equal pay cases lodged before the Equality and Anti-Discrimination Ombudsperson, equal remuneration for work of equal value is ensured through an overall objective assessment of the work. Noting the persistence of the gender pay gap and the time lapse since the determination of the Equal Pay Commission, the Committee hopes the Government, in cooperation with the social partners, may reconsider the appropriateness of using objective job evaluation methodologies to achieve equal pay. Please also provide information on any action taken to address pay differentials between female- and male-dominated occupations so as to determine whether the work is of equal value, based on objective criteria free from gender bias.

Enforcement. The Committee refers to its comments under Convention No. 111 and the Workers with Family Responsibilities Convention, 1981 (No. 156), on the findings of the Equality and Anti-discrimination Ombudsperson’s Survey on discrimination due to pregnancy and parental leave in the workplace and the impact this may have on equal pay. In this regard, it notes that 21 per cent believed that they had not had the opportunity to make wage demands or be considered in pay negotiations due to being on parental leave and that 37 per cent of female employees believed that they had not received adequate information on important matters at the workplace, such as restructurings and pay, and that 18 per cent of permanently employed female employees believed that they had not gotten a pay rise because they were on parental leave. The Committee also refers to its comment under Convention No. 111 and the observations of the LO and UNIO on the recommendations concerning the reorganization of the enforcement system on gender equality and non-discrimination. The Committee asks the Government to continue to provide information on the number and outcome of equal pay cases addressed by the Equality and Anti-Discrimination Ombudsperson and the Anti-Discrimination Tribunal. Please also provide information on the impact of the measures taken to follow up the findings of discrimination particularly as they relate to pay issues and on any other measures taken to strengthen guidance, monitoring and enforcement of the equal pay provisions of the Gender Equality Act. Please also continue to provide the statistical information on equal pay cases.

Statistical information. The Committee notes from the statistical information provided by the Government that although the gender pay gap decreased slightly between 2012 and 2015 in manufacturing, in the overall economy there was a very slight widening of the gender pay gap between 2012 and 2015 within full-time employment (women in full-time employment earned an average 88.3 per cent of men’s in 2012, 87.9 per cent in 2013, 88.4 per cent in 2014 and 87.7 per cent in 2015). It further notes that when adjusted for qualifications, sector, industry and occupation, the wage gap is slightly less than 7.5 per cent, according to the Institute for Social Research. The Committee also notes the Government’s indication that Statistics Norway will by the end of 2016 have a much larger statistical database on wages than today and this will open up the possibility to have more detailed wage statistics for different subgroups by, for example, industry and occupation. The Committee asks the Government to continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors, by subgroups within industry and occupation to the extent possible.

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

The Committee notes the observations made by the Norwegian Confederation of Trade Unions (LO), the Confederation of Unions for Professionals (UNIO) and the Confederation of Norwegian Enterprise (NHO), which were submitted with the Government’s report.

Articles 2 and 4 of the Convention. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee previously noted the recommendations of the Equal Pay Commission regarding the need to implement wage increases in female-dominated occupations in the public sector. The Committee notes from the comments submitted by the LO that, in the 2012 national negotiations on wages, it was agreed by the social partners that women and/or female-dominated groups in the public sector would be entitled to 60 per cent of the sum negotiated at the central level. The Committee asks the Government to provide information on the impact of the mentioned agreement on the wage rates of male and female workers respectively. The Committee also asks the Government to provide information on any cooperation with the social partners in promoting and applying the principle of the Convention, including any activities to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their representatives, and the results thereof.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job evaluation is not extensively used. It also notes the Government’s indication that, in the context of equal pay cases lodged before the Equality and Anti-Discrimination Ombud, equal remuneration for work of equal value is ensured through an overall assessment of the expertise necessary to perform the work. The Committee notes, in this regard, the observations made by the UNIO and NHO with respect to the gender segregation in the labour market and its impact on the undervaluation of jobs predominantly performed by women. The Government also indicates that it will consider how existing sex disaggregated data on pay and occupations can be used to create an effective tool to achieve equal pay, and that it will consider how data from the planned report system EDAG (electronic dialogue with employers) could be developed as a data source for this purpose. The Committee asks the Government to indicate how the new tool to achieve equal pay will address pay differentials between female- and male-dominated occupations so as to determine whether the work is of equal value, based on objective criteria free from gender bias. Please also provide information on any measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods both in the public and private sectors.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that the Equality and Anti-Discrimination Ombud has dealt with 37 equal pay cases in the period between 2007 and 2012. According to the Government, in ten of these cases the Ombud concluded that the employer was in breach of the equal pay provisions. The Committee also notes the Government’s indication that no equal pay cases had been brought before the Equality and Anti-Discrimination Tribunal between January 2012 and May 2013. The Committee asks the Government to continue to provide information on the number and outcome of equal pay cases addressed by the Equality and Anti Discrimination Ombud and the Anti-Discrimination Tribunal, as well as on any measures taken to strengthen the enforcement of the equal pay provisions of the Gender Equality Act. Please also provide the statistical information on equal pay cases, to which reference is made in the report, but which has not yet been received by the Office.

Part V. Statistical information. The Committee notes the statistical information provided by the Government on the gender pay gap in some of the main bargaining areas. It notes from the figures provided that, although the gender pay gap decreased slightly between 2008 and 2012 in most of the selected occupations in both the private and public sectors, substantial pay differentials continue to exist in sectors with a high proportion of women, such as financial services (49 per cent of full-time women; women’s average wage 74.1 per cent of men’s earnings, 2012) and public health services (75 per cent of full-time women; women’s average wage 82.2 per cent of men’s earnings, 2012). The Committee asks the Government to continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors.

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

The Committee notes the observations made by the Norwegian Confederation of Trade Unions (LO), the Confederation of Unions for Professionals (Unio) and the Confederation of Norwegian Business and Industry (NHO), which were submitted with the Government’s report.

Gender pay gap. The Committee notes the extensive information in the Government’s report on the measures taken to follow up on the recommendations made under the 2008 report of the Equal Pay Commission. It notes with interest the adoption of “Equality 2014”, an action plan for gender equality (2011–14), which sets out a number of objectives, measures and indicators aimed at reducing gender-based pay differentials. The Committee notes, in particular, the measures envisaged to address the underlying causes of the gender pay gap, such as vertical and horizontal gender segregation in the labour market, high prevalence of women in involuntary part-time work and limited participation of women in top management positions in both the public and private sectors. Other measures are aimed at ensuring more information and transparency with respect to wages and wages differences. In this connection, the Committee notes the amendments to section 1(a) of the Gender Equality Act with regard to the obligation of employers to promote equality in relation to all aspects of employment, including remuneration and wage transparency. The Government also indicates that as a substantial part of the gender pay gap is linked to work–family responsibilities, a number of steps have been taken, including amendments to the Gender Equality Act and the Working Environment Act aimed at improving maternity benefits, paid parental leave, as well as the equal sharing of parental leave between mothers and fathers. The Committee notes further from the observations submitted by LO that, as a result of the confederation’s involvement in the promotion of part-time workers’ rights, changes to the Working Environment Act were adopted so as to ensure greater legal protection to this category of workers. The Committee requests the Government to continue to provide information on the practical implementation of the measures set out in the action plan to promote the principle of equal remuneration, to address gender segregation in the labour market and to narrow the gender pay gap, as well as on the role of the social partners in this process, and the results achieved. Please also provide information on the practical application of section 1(a) of the Gender Equality Act, as well as on any proactive measures taken or envisaged to strengthen the enforcement of the duty to promote gender equality at the enterprise level, including through training and awareness raising.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Measures to promote equal remuneration for men and women for work of equal value. The Committee notes that the Equal Pay Commission appointed by the Government in 2008 issued its report and recommendations in February 2008. The Committee notes that the Commission made seven specific recommendations with a view to promoting equal remuneration for women and men: (1) strengthen the enforcement of the duty to promote gender equality under the Gender Equality Act; (2) implement pay increases for selected female-dominated occupations in the public sector; (3) social partners involved in private sector collective bargaining are to allocate funds to “combined low wage and women’s posts”; (4) amend the National Insurance Act to ensure that mothers and fathers divide parental leave more equally between them; (5) introduce through collective agreements a right of employees to at least average pay increase upon return from parental leave; (6) launch a project to support enterprises in implementing measures to increase women’s recruitment to management positions; and (7) increase use of local negotiations in public sector collective bargaining in areas with a large proportion of female-dominated occupational groups. The Committee notes the Government’s indication that the report has been submitted to the social partners, and that a positive response from the workers’ organizations has been received. The Committee asks the Government to provide information on the measures taken to follow up on the seven recommendations of the Equal Pay Commission, including through continued dialogue with the social partners.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government has no information at its disposal on further developments regarding the use of objective job evaluation. It notes that the summary of the Equal Pay Commission’s report states that job evaluation as a method to promote equal pay has not had much impact in Norway. According to the Commission’s report, experience had shown that it was not difficult to measure the value of work based on job content, but that problems occurred with regard to pay adjustments to be made accordingly. Further, job evaluation within enterprises was believed to have little effect on the pay gap, because the greatest pay differences result from the gender-based labour market, with women and men divided between different industries, sectors and workplaces. The Committee, recalling that Article 3 of the Convention identifies objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value, asks the Government to provide information on any measures taken to promote the use of objective job evaluation by companies and public employers, as well as information on any measures taken to overcome the obstacles relating to job evaluation identified by the Equal Pay Commission. In particular, the Committee asks the Government to provide information on the measures taken, in cooperation with the social partners to address pay differences between men and women beyond the enterprise level, examining the remuneration levels in female-dominated and male-dominated occupations where the work is of equal value.

Enforcement. The Committee notes that, since the Gender Equality Act was strengthened with respect to equal pay matters in 2002, the Equality and Non‑Discrimination Tribunal has dealt with only 17 equal pay cases. According to the Government, cases are rarely upheld where they involve the evaluation of work across occupational borders. The Committee asks the Government to provide information on any measures taken to strengthen the enforcement of the equal pay provisions of the Gender Equality Act, including through awareness raising and training, and to provide more detailed information on the nature and outcomes of equal pay cases decided under the Act.

Statistical information. The Committee asks the Government to provide detailed and updated information on the gender pay gap, including information regarding the gender pay gap in the various sectors of the economy.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its report along with the comments submitted by the Norwegian Confederation of Trade Unions (LO), the Confederation of Unions for Professionals (Unio), the Confederation of Vocational Unions (YS), the Federation of Norwegian Commercial and Service Enterprises (HSH) and the Confederation of Norwegian Enterprise (NHO).

1. Articles 1 and 2 of the Convention. Promotion of the principle of equal remuneration. The Committee notes with interest the creation of the Equal Pay Commission. It notes that the Commission’s work will focus on providing information on pay differences between men and women as well as considering the causes and measures to help eradicate these differences. The Committee notes that the social partners will also have a role in the functioning of the Commission through their participation in an appointed task force. It further notes that the Equality and Anti-discrimination Ombud and Tribunal were established on 1 January 2006, integrating the tasks of the former Gender Equality Ombud and Gender Equality Board of Appeals. The new agency assumes responsibility for enforcing the Gender Equality Act, including the equal pay provision under section 5. The Committee asks the Government to provide detailed information on the activities of both the Equal Pay Commission and the Equality and
Anti-discrimination Ombud and Tribunal and their impact towards achieving equal remuneration for men and women for work of equal value. Please also include information on the number and outcome of equal pay cases addressed by these bodies.

2. Measures to address the gender wage gap. The Committee notes the information on wage differences between men and women in the report of the Technical Reporting Committee on Income Settlements (TRCIS). It notes in particular that, between 2004 and 2005, the gender pay gap decreased in a number of sectors including construction, business services, education and central government whereas the gap widened in retailing, hotels and restaurants, financial services and municipalities. It notes the Government’s indication that, in 2005, women’s monthly pay stood at 84.7 per cent of men’s earnings (including part-time employees). The Government explains that the main reason for this persistent pay gap is the fact that the Norwegian labour market remains highly segregated where male-dominated sectors and occupations have higher pay levels than female-dominated ones. The Government further states that pay differences exist in spite of the same levels of education or experience – a phenomenon confirmed by the TRCIS data showing that although women represented the majority of people with 4 years or less of university education (52 per cent), women in this category earned only 80.6 per cent of what men earned in 2005. The Committee asks the Government to continue providing information on the measures taken or envisaged to reduce the wage gap and to ensure the application and practice of the principle of equal remuneration for work of equal value.

3. The Committee welcomes the information on the impact of the measures taken by the Government to promote women to positions of greater responsibility, specifically on corporate boards of directors. It notes in this respect that the rules relating to gender representation on boards of public limited companies (PLCs) came into force on 1 January 2006. The Government indicates that several ministries are involved in promoting the presence of women on company boards including through the use of a recruitment database for women interested in becoming board members. The Committee notes that the NHO is making similar efforts under a project entitled Female Future, which aims to change attitudes and motivate chief executive officers to recruit more women to management and board positions. The Committee asks the Government to provide information on the impact of extending the gender balance rules to PLCs and on its other efforts to promote women to positions of greater responsibility. Noting that the NHO is expanding its Female Future programme by launching regional projects in 12 counties, the Committee asks the Government to indicate what impact this initiative has had on increasing the number of women managers and board members.

4. The Committee notes from the comments submitted by Unio that there is a lack of pay equality when comparing shift work performed by men and women in different sectors. Unio asserts that the shift plans in female-dominated sectors consist of more working hours than in male-dominated sectors and that, as a result, these women get paid less for their hourly work than men. The Committee notes that this concern is shared by LO, which indicates that it has raised the matter with the relevant authorities on several occasions. In this context, the Committee understands that the Government is considering the issue of balancing shift work (which is mainly used in the male-dominated sectors) and comparable types of rotation work (largely found in the female-dominated health and social sectors). The Committee asks the Government to provide information on the measures taken or under consideration to address the pay inequalities between men and women resulting from differences in shift work and rotation work arrangements.

5. Article 3. Job evaluation. The Committee understands that most national collective agreements were due for renegotiation in 2006. In this context, the Committee notes the LO’s indication that it asked for the preparation of an equal pay profile in its guidelines for the 2006 bargaining round. It also notes that Unio proposed to the Ministry of Children and Equality that the social partners and the Equality and Anti-discrimination Ombud meet to discuss the use of section 5 of the Gender Equality Act on equal pay and the use of the pay assessment tool “FAKIS” to measure the value and content of jobs in a neutral way. Unio points out that section 5 and “FAKIS” are rarely used in practice and that it is a challenge for the social partners to encourage a wider use of these tools to promote equal pay. The Committee also notes the completion of the three-year project investigating job assessment as a means of achieving equal pay, the results of which showed that job assessments can be an effective means for identifying pay differences between women and men, both within a single enterprise and between enterprises in different sectors. The Committee looks forward to receiving the full results of the job assessment project and asks the Government to forward a copy of the final report along with an indication of the follow-up measures anticipated as a result of the project’s findings. The Committee also asks the Government to include information in its next report on the national collective agreement negotiations and how pay assessments or pay profiles were used to integrate equal pay considerations into the bargaining process. Please also indicate what action the Government is taking in cooperation with the social partners to promote equal pay for men and women through an improved use of job evaluation tools.

6. Article 4. Activities of the social partners. The Committee notes from the comments submitted by the NHO that the Norwegian social partners have committed themselves through their international social partners to the Framework of Action on Gender Equality. The Framework includes four priority areas of action, namely: addressing gender roles, promoting women in decision-making, supporting work-life balance and tackling the gender pay gap. Based on their commitment to this Framework, the social partners have set up a working group to plan common activities towards meeting the four priorities and will report once a year to the European Union on the action taken in this regard. The Committee asks the Government to include information in its next report on the action taken by the social partners in the context of the Framework of Action on Gender Equality to promote the principle of equal remuneration and the results achieved. The Government is also requested to provide copies of any reports submitted by the social partners to the EU on progress made in meeting the Framework’s four priorities.

7. Part V of the report form. Collection of statistical information. The Committee notes the Government’s indication that the final report of the Nordic project “Evaluating Equal Pay” will be completed by the end of 2006. The Committee looks forward to receiving a copy of this report along with a description of the key findings and recommendations as well as information on the follow-up measures taken as a result.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report along with the comments submitted by the Norwegian Confederation of Trade Unions (LO), the Confederation of Unions for Professionals (Unio), the Confederation of Vocational Unions (YS), the Federation of Norwegian Commercial and Service Enterprises (HSH) and the Confederation of Norwegian Enterprise (NHO).

1. Articles 1 and 2 of the Convention. Promotion of the principle of equal remuneration. The Committee notes with interest the creation of the Equal Pay Commission. It notes that the Commission’s work will focus on providing information on pay differences between men and women as well as considering the causes and measures to help eradicate these differences. The Committee notes that the social partners will also have a role in the functioning of the Commission through their participation in an appointed task force. It further notes that the Equality and Anti-discrimination Ombud and Tribunal were established on 1 January 2006, integrating the tasks of the former Gender Equality Ombud and Gender Equality Board of Appeals. The new agency assumes responsibility for enforcing the Gender Equality Act, including the equal pay provision under section 5. The Committee asks the Government to provide detailed information on the activities of both the Equal Pay Commission and the Equality and Anti-discrimination Ombud and Tribunal and their impact towards achieving equal remuneration for men and women for work of equal value. Please also include information on the number and outcome of equal pay cases addressed by these bodies.

2. Measures to address the gender wage gap. The Committee notes the information on wage differences between men and women in the report of the Technical Reporting Committee on Income Settlements (TRCIS). It notes in particular that, between 2004 and 2005, the gender pay gap decreased in a number of sectors including construction, business services, education and central government whereas the gap widened in retailing, hotels and restaurants, financial services and municipalities. It notes the Government’s indication that, in 2005, women’s monthly pay stood at 84.7 per cent of men’s earnings (including part-time employees). The Government explains that the main reason for this persistent pay gap is the fact that the Norwegian labour market remains highly segregated where male-dominated sectors and occupations have higher pay levels than female-dominated ones. The Government further states that pay differences exist in spite of the same levels of education or experience – a phenomenon confirmed by the TRCIS data showing that although women represented the majority of people with 4 years or less of university education (52 per cent), women in this category earned only 80.6 per cent of what men earned in 2005. The Committee asks the Government to continue providing information on the measures taken or envisaged to reduce the wage gap and to ensure the application and practice of the principle of equal remuneration for work of equal value.

3. The Committee welcomes the information on the impact of the measures taken by the Government to promote women to positions of greater responsibility, specifically on corporate boards of directors. It notes in this respect that the rules relating to gender representation on boards of public limited companies (PLCs) came into force on 1 January 2006. The Government indicates that several ministries are involved in promoting the presence of women on company boards including through the use of a recruitment database for women interested in becoming board members. The Committee notes that the NHO is making similar efforts under a project entitled Female Future, which aims to change attitudes and motivate chief executive officers to recruit more women to management and board positions. The Committee asks the Government to provide information on the impact of extending the gender balance rules to PLCs and on its other efforts to promote women to positions of greater responsibility. Noting that the NHO is expanding its Female Future programme by launching regional projects in 12 counties, the Committee asks the Government to indicate what impact this initiative has had on increasing the number of women managers and board members.

4. The Committee notes from the comments submitted by Unio that there is a lack of pay equality when comparing shift work performed by men and women in different sectors. Unio asserts that the shift plans in female-dominated sectors consist of more working hours than in male-dominated sectors and that, as a result, these women get paid less for their hourly work than men. The Committee notes that this concern is shared by LO, which indicates that it has raised the matter with the relevant authorities on several occasions. In this context, the Committee understands that the Government is considering the issue of balancing shift work (which is mainly used in the male-dominated sectors) and comparable types of rotation work (largely found in the female-dominated health and social sectors). The Committee asks the Government to provide information on the measures taken or under consideration to address the pay inequalities between men and women resulting from differences in shift work and rotation work arrangements.

5. Article 3. Job evaluation. The Committee understands that most national collective agreements were due for renegotiation in 2006. In this context, the Committee notes the LO’s indication that it asked for the preparation of an equal pay profile in its guidelines for the 2006 bargaining round. It also notes that Unio proposed to the Ministry of Children and Equality that the social partners and the Equality and Anti-discrimination Ombud meet to discuss the use of section 5 of the Gender Equality Act on equal pay and the use of the pay assessment tool “FAKIS” to measure the value and content of jobs in a neutral way. Unio points out that section 5 and “FAKIS” are rarely used in practice and that it is a challenge for the social partners to encourage a wider use of these tools to promote equal pay. The Committee also notes the completion of the three-year project investigating job assessment as a means of achieving equal pay, the results of which showed that job assessments can be an effective means for identifying pay differences between women and men, both within a single enterprise and between enterprises in different sectors. The Committee looks forward to receiving the full results of the job assessment project and asks the Government to forward a copy of the final report along with an indication of the follow-up measures anticipated as a result of the project’s findings. The Committee also asks the Government to include information in its next report on the national collective agreement negotiations and how pay assessments or pay profiles were used to integrate equal pay considerations into the bargaining process. Please also indicate what action the Government is taking in cooperation with the social partners to promote equal pay for men and women through an improved use of job evaluation tools.

6. Article 4. Activities of the social partners. The Committee notes from the comments submitted by the NHO that the Norwegian social partners have committed themselves through their international social partners to the Framework of Action on Gender Equality. The Framework includes four priority areas of action, namely: addressing gender roles, promoting women in decision-making, supporting work-life balance and tackling the gender pay gap. Based on their commitment to this Framework, the social partners have set up a working group to plan common activities towards meeting the four priorities and will report once a year to the European Union on the action taken in this regard. The Committee asks the Government to include information in its next report on the action taken by the social partners in the context of the Framework of Action on Gender Equality to promote the principle of equal remuneration and the results achieved. The Government is also requested to provide copies of any reports submitted by the social partners to the EU on progress made in meeting the Framework’s four priorities.

7. Part V of the report form. Collection of statistical information. The Committee notes the Government’s indication that the final report of the Nordic project “Evaluating Equal Pay” will be completed by the end of 2006. The Committee looks forward to receiving a copy of this report along with a description of the key findings and recommendations as well as information on the follow-up measures taken as a result.

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

1. Articles 1 and 2 of the Convention. Measures to address the gender wage gap. The Committee notes the study published by the European Union in 2002 entitled "Towards the closing of the gender gap: A comparative study of three occupations in six European countries". It notes that the study presents the results of the cooperation between Austria, Denmark, Iceland, Greece and the United Kingdom to achieve a better understanding of the factors behind gender wage differences. The Committee notes the findings of the study that the gender pay gap mainly arises from two sources, namely the segregation of men and women across occupations, firms and positions and the wage differences that consistently favour the male-dominated jobs. The Committee also notes the finding that unions and centralized bargaining tend to reduce wage differentials in general, including the gender wage gap. The Committee asks the Government to continue providing information on the measures taken or envisaged to reduce the wage gap and to ensure the principle of equal remuneration for work of equal value.

2. The Committee notes with interest the numerous measures taken by the Government to promote women to positions of greater responsibility. It notes the Government’s statement that a new Act on gender balance entered into force on 1 January 2004 under which companies will be required to increase the number of women on their corporate boards to 40 per cent. It notes that the new Act applies to all publicly owned enterprises and, in particular, that if balanced gender representation is achieved voluntarily in public limited liability companies in the course of 2005, the rules will not come into effect for such companies. The Committee notes that this decision will be based on the statistical information provided by the Register of Business Enterprises. The Committee asks the Government to provide a copy of the new Act on gender balance and to provide information with its next report on the results achieved under the Act and copies of the statistical information provided by the Register of Business Enterprises.

3. The Committee also notes the Government’s statement that it has initiated a cooperation agreement with the private sector aiming to increase on a voluntary basis female representation on the boards of public joint-stock companies. The Committee asks the Government to provide information with its next report on the results obtained through this initiative to improve women’s representation on the boards of public joint-stock companies.

4. The Committee notes the Government’s statement that the proportion of female executives in local government continues to be low, with only 12 per cent of positions as chief municipal administrative officers being occupied by women. It notes that a project called "Breakthrough" aims to redress this situation and asks the Government to provide information with its next report on the results achieved through this project in increasing the participation of women as executives in local government.

5. Job evaluation and the wage gap. The Committee notes the Government’s statement that the implementation of the "Job evaluation system for local authorities" has proven to be both efficient and useful and that its findings reveal gender-related wage gaps in nine of the 15 enterprises participating in the project. It notes that the next step in this project is for the enterprises to adopt local action plans aiming to close the wage gap. The Committee also notes the information contained in the Government’s report submitted under Convention No. 111 that, in 2002, women working full time on average earned 86 per cent of men’s wages. It further notes that the Ministry of Labour and the Public Administration has established a "Technical Reporting Committee on Income Settlements" (TBU) with the task of issuing two reports a year on the gender wage gap. The Committee asks the Government to provide information with its next report on the measures taken or envisaged under the local action plans adopted by enterprises to continue reducing the wage gap and to provide copies of the reports issued by the Technical Reporting Committee on Income Settlements.

6. Article 4. Action plans by the social partners. The Committee notes the Government’s statement that the principal social partners have mainstreamed measures on equal pay into their ordinary work and policies on wage bargaining and agreements, and that no new action plans have been developed. The Committee asks the Government to continue providing information on the measures taken or envisaged by the social partners to promote the principle of equal remuneration for work of equal value and the results achieved.

7. Part IV of the report form. Judicial and administrative decisions. Having noted in its previous comments that the Review Board for Gender Equality, established under the Equal Status Act (Act No. 45 of 1978), has the right to issue opinions respecting the lawfulness of wage agreements in relation to gender equality, the Committee notes the Government’s statement that the Review Board of Gender Equality has not yet made use of this power. The Committee asks the Government to provide copies of any opinions issued by the Review Board for Gender Equality.

8. The Committee notes the three judicial rulings issued by the Equality Ombudsperson in 2003 and 2004. It notes that in all three cases it was found that the principle of equal remuneration for work of equal value had been violated. The Committee asks the Government to continue providing copies of judicial rulings in cases concerning the principle of equal remuneration for men and women workers for work of equal value.

9. Part V of the report form. Collection of statistical information. The Committee notes the Government’s statement concerning the delay in the implementation of the project initiated by the Nordic Council of Ministers to improve the collection of statistical information so as to combat unequal pay more efficiently, but notes that the project will be funded as from 2005. The Committee asks the Government to provide detailed information with its next report on the methodology and findings of the above project.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the attached information.

1. The information provided by the Government’s report shows that the wage gap continues to decrease, with women’s earnings being 88.2 per cent of men’s wages in the manufacturing sector in 2001, compared with 88 per cent in 2000 and 86.7 per cent in 1997. However, it notes that there still exists a clear wage gap in certain sectors. For example, in the commercial and savings banks sector, women workers only earn 77 per cent of the salaries earned by men in the same sectors. In this connection, it notes the Government’s statement that this wage gap is due to the inclusion in the statistics of wages of women and men in top positions, where men still tend to occupy positions of higher responsibility. The Committee asks the Government to provide information in its next report on the action taken to promote women to positions of greater responsibility. It also requests the Government to continue providing statistical information on remuneration disaggregated by sex.

2. The Committee notes the Government’s statement that the report "Job evaluation system for local authorities" has still not been implemented and that negotiations are still being held on this issue. It asks the Government to provide information with its next report on the results of these negotiations and to provide a copy of the report "Job evaluation system for local authorities". The Committee also reiterates its earlier request to the Government to provide practical examples of the implementation of job evaluation systems. Noting the recent initiative of a three-year job evaluation project of 15 private companies and the public sector with the aim of developing a gender-neutral job evaluation system, the Committee asks the Government to provide a copy of the results of this project on the application in practice of these gender-neutral job evaluation systems and their impact on male and female remuneration levels.

3. The Committee also notes the statement that in 2002 the Nordic Council of Ministers initiated a joint project (2003-06) to improve statistics on pay differentials between men and women, by identifying efficient tools and policies in the context of a changing economy and the trend towards more local bargaining and individual wage settlements. It notes in this respect the Government’s statement that better statistics are becoming a key tool in the implementation of the principle of equal remuneration for work of equal value. It requests the Government to provide information with its next report on the conclusions of this project. The Committee also notes that the Norwegian Centre for Gender Equality manages the project of the European Commission’s Community Framework Strategy on Gender Equality (2001-05) entitled "Towards the closing of the gender pay gap (2001-05)", in cooperation with Austria, Denmark, Greece and the United Kingdom. It notes that the aim of the project is to identify an efficient mix of tools to close the gender pay gap in the context of each partner country. The Committee asks the Government to provide a copy of the conclusions of this project with its next report.

4. Considering the concern expressed in its earlier request respecting the fear that the local settlements and more individual payment arrangements would increase the wage gap, the Committee notes the Government’s statement that a recent report shows that increased local bargaining and more individual pay arrangements have not increased the wage gap. The Committee asks the Government to provide a copy of this report and to continue providing information illustrating the effect of the rise in local bargaining and individual pay arrangements on the application in practice of the principle of equal remuneration for work of equal value.

5. The Committee notes the action plan entitled "Equal remuneration for 2000" adopted by the Norwegian Association of Local Authorities (Norsk Kommuneforbund, NKF), which was attached to the Government’s report. It notes that the action plan enumerates measures to promote the principle of equal remuneration for work of equal value. Noting that a new action plan on equal remuneration is to be adopted every second year by the NKF, the Committee requests the Government to provide with its next report a copy of the NKF’s action plan on equal remuneration for 2002, as well as other action plans adopted by the social partners.

6. The Committee notes the Government’s statement that the Labour Relations Court is still responsible for evaluating the validity of wage agreements and that the Review Board for Gender Equality, under the terms of the amended Equal Status Act, now has the right to issue opinions respecting the lawfulness of wage agreements in relation to gender equality. The Committee requests the Government to provide information with its next report on any opinions issued by the Review Board for Gender Equality respecting the lawfulness of wage agreements, as well as copies of judicial rulings in cases concerning the principle of equal remuneration for work of equal value.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the amendments made by Act No. 21 of 14 June 2002 to the Equal Status Act, No. 45, of 9 June 1978, and in particular to section 5, which continues to provide that men and women workers shall receive equal remuneration for work of equal value. The Committee notes that work of equal value is required in the Act to be based on an overall appraisal of the competence required for performing the work and other relevant factors, such as the effort needed to perform the work, the level of responsibility and working conditions. The Committee recalls that it previously drew attention to the scope of section 5 being limited to one employer. It notes that the new amendments do not change the scope. In this respect, the Committee notes the Government’s statement that, under the Equal Status Act, the central Government is considered as a single workplace (i.e. one employer) for the purpose of applying the principle of equal remuneration for work of equal value and that the same applies to municipalities and counties. The Government also indicates that in the private sector the headquarters and various branches of enterprises are considered to be the same workplace for this purpose. It further notes that the right to equal remuneration for work of equal value is applicable even where workers belong to different trade unions or their wage is based on different wage scales, but that it is still limited to the same employer. Having already noted in its previous comments that both the Equality Ombudsperson and the Equal Status Appeal Board have applied the former section 5 of the Act in such a manner that there is nothing to prevent the comparison of jobs in two different occupations, the Committee notes the Government’s statement that the amended Equal Status Act does indeed allow such a comparison.

2. The Committee notes with interest that, under section 1(a) of the Equal Status Act, authorities, employers, employers’ organizations and trade unions are obliged to promote gender equality actively and that employers must describe in their annual report the measures taken to promote equal remuneration for work of equal value and that in equal pay claims the burden of proof has been shifted so as to be upon the defendant employer.

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

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

1.  In respect of its previous request for information concerning trials involving job evaluation in the municipal sector, the Committee notes the report "Job Evaluation System for Local Authorities", supplied by the Government. According to the report, six local authorities participated in the development of the job evaluation system, which involved the assessment of a mix of typical female- and male-dominated jobs (187 jobs in 51 categories). The system developed five key job requirements (expertise, skills, responsibility, complexity and physical and psychological stress) and 12 factors (encompassing seven different levels for each factor, weights for each factor and complete job descriptions) to be used in evaluating those requirements. According to the report, the job comparison was limited to jobs within the same profession or those which share many features. Noting the Government’s statements that, despite requests made at the pay settlement in 2000 for the system to be put into use, negotiations on this matter had not yet been completed as of the date of the Government’s report, the Committee asks the Government to supply concrete examples of the implementation of the job evaluation system in future reports.

2.  The Committee notes with interest that the pay settlements between LO and NHO during the reporting period have included the issue of equal pay. It further notes that centralized low pay increases have been awarded, along with increases for inconvenient working hours and higher minimum pay rates, which have produced greater wage parity between men and women, given the high proportion of women in low pay trades. The report reflects that a survey conducted by a composite committee showed that, while the effect of the centralized increases was upheld in local pay negotiations, the pay gap between men and women actually widened in local settlements. The Government indicates that this circumstance will be addressed by the parties to the centralized negotiations. The Committee would be grateful if the Government could provide information on the issue in its next report, explaining the reasons for the widening of the pay gap in local settlements and indicating the manner in which the situation will be resolved. Noting from the report that a number of pay settlements for the public and private sectors had positive equal pay effects during the reporting period, particularly in certain female-dominated occupational groups, the Committee asks the Government to continue to provide information on pay settlements in future reports.

3.  The Committee welcomes the information supplied by the Government concerning the activities of the Centre for Gender Equality. It notes that the Centre’s mandate includes identifying those conditions in society that impede the effective achievement of gender equality, acting as a focal point for cooperation between organizations and services promoting gender equality, and carrying out development work and producing reports in the area of gender equality. The Committee would appreciate receiving information on the Centre’s activities and copies of relevant reports in future reports on the application of Convention No. 111.

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

1.  The Committee notes the information contained in the Government’s detailed report, including the statistical data supplied concerning the average annual wages of men and women in different sectors of economic activity. The Committee also notes the comments of the Federation of Norwegian Business and Industry (NHO), the Norwegian Federation of Trade Unions (LO), the Confederation of Academic and Professional Unions in Norway (AF), the Confederation of Vocational Unions (YS), the Norwegian Union of Teachers and the Federation of Norwegian Professional Associations (Akademikerne).

2.  The statistical data contained in the Government’s report indicates that the wage gap between men and women has remained stable from 1996 to 1998. The Government indicates that women’s relative pay levels in all categories for which figures were available improved in the 1990s, with the wage gap narrowing most among civil servants and employees in retail trade. The Government states that a weighted average of all groups shows that women’s average annual wage was 85 per cent of men’s corresponding annual wage in 1990, increasing to 86 per cent in 1998.

3.  The Government indicates that the principle of the Convention needs to be implemented through a variety of methods, given that pay disparities between women and men take different forms. The Government distinguishes between three types of gender-based salary discrimination: job discrimination (where women and men do not have equal access to jobs and promotion); direct discrimination (women receive lower pay than men in the same job and with the same qualifications); and evaluation discrimination (jobs where women predominate are less well paid than comparable jobs where men predominate).

4.  The Government recognizes that the social partners can ensure the application of the principle of the Convention through the wage negotiation process. The Committee notes from the report that Norwegian employers’ and workers’ organizations approach the issue of pay discrimination differently. The NHO maintains that pay disparities are due to occupational segregation and that pay differences are based above all on differences in job categories. Accordingly, the NHO believes that the focus should be placed on enterprise recruitment policies, arguing that pay disparities will decrease once a gender balance is achieved.

5.  In contrast, the LO views pay equality between men and women as a low-pay issue, holding that wage settlements with a low-pay profile will benefit women, who are often concentrated in lower paid occupations and in the lowest job categories. Other workers’ organizations ­­­­- the AF, the YS and the Norwegian Union of Teachers - view pay equality as a problem of job evaluation in respect of women’s jobs. Akademikerne favours local pay negotiations and asserts that the problem of pay disparities should be resolved at the enterprise level.

6.  The Government points out that enterprises in the private and municipal sectors are free to decide whether or not to initiate systematic pay equality efforts, whereas such activity is compulsory in the Government sector. As a consequence, discussions are under way to determine whether an order with the force of law could promote systematic pay equality efforts at the local level. The Government also indicates that an agreement on a new activities programme for gender equality was concluded by the NHO, LO and YS at the pay settlement in 2000. The agreement places particular emphasis on pay conditions and the development of pay systems based on criteria taking the gender dimension into account. The Committee notes this development with interest and hopes that the social partners will reach agreement to promote improved application of the Convention.

7.  The Committee notes that the Equal Status Act is still undergoing revision in collaboration with the social partners. Section 5 of the Act, which limits the application of the equal pay principle to work in the same enterprise is under review and consideration is being given in this context to expanding the scope of comparison between jobs. The Government indicates that removal of the limitation could be useful in implementing the principle of the Convention, particularly in the light of the persistence of occupational segregation in Norway’s labour market. The Government acknowledges in its report that the main reason for existing pay disparities is that men and women hold different positions, a factor which the Government attributes to job discrimination as well as to women’s and men’s occupational choices. The Committee also notes that, according to the Equal Status Ombudsman, both the Ombudsman and the Equal Status Appeals Board apply section 5 in such a manner that there is nothing to prevent comparison of jobs in two different trades where working conditions and pay are regulated by different collective pay agreements. Therefore, the Ombudsman maintains that the Act is interpreted and enforced in accordance with Norway’s international obligations and in agreement with the Job Evaluation Committee. The Committee asks the Government to consider expanding the scope of section 5 of the Equal Status Act to permit comparisons between jobs in different enterprises and asks  the Government to keep it informed of developments in this respect and to supply a copy of the Equal Status Act, once amendments are adopted.

8.  The Committee is addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the indications in the Government's report that the wage gap between women's and men's average annual earnings diminished slightly between 1996 and 1997. However, while some sectors show a slight narrowing (e.g. central government, white-collar staff in manufacturing) in this period, others show stagnation or a negative trend (e.g. commercial and savings banks, municipalities and client services). According to the Government, the negative trend in these sectors is due to the fact that changes in job structure and age composition, and an increase in payments of supplements to men in client service sectors have contributed to a drop in women's annual earnings compared with men's in some sectors.

2. The Committee notes that a broad interpretation will be given to section 5 of the Equal Status Act of 1978, as amended, to permit comparison of work across trade and occupational divides within the same enterprise. While this will enhance application of the Convention, the Committee notes that such wage comparison will continue to be restricted to the same enterprise. Given the information provided by the Government under Convention No. 111 showing that occupational segregation by sex continues to exist, the Committee points out that adequate possibilities for comparison must be available if the principle of equal pay is to have an application in a sex-segregated labour market. As the Committee has stated in its 1986 General Survey on equal remuneration (paragraph 72), it is essential, in order to ensure equal remuneration in an industry employing mostly women, that there be a basis of comparison outside the limits of the establishment or enterprise concerned. The Government's report indicates that pay levels are lowest in female-dominated sectors and that they are clearly higher in male-dominated trades than in female-dominated trades. The Committee therefore requests the Government to indicate whether it has any intention, in light of the forthcoming revision of the equal pay provisions, to amend section 5 to allow for wage comparison outside the limits of the establishment or the enterprise concerned. Please also indicate any decisions by the Equal Status Appeals Board and the Labour Disputes Court concerning the scope of comparison for the purpose of equal pay.

3. The Committee notes the Government's statement that the amendment of the Equal Status Act in 1999 will not give statutory form to the appropriate factors to be considered in comparing jobs. It also notes that the Job Evaluation Committee recommended the use of objective job assessments, based on key factors such as competence, effort, responsibility, and working conditions. According to the Government, this would mean that central parties in the private and public sectors would enter into an agreement in principle on job evaluation and that pay disparities would be rectified through negotiation. It was the view of the bodies consulted by the Job Evaluation Committee that testing and guidance was a prerequisite for introducing job evaluation as part of wage fixing. Noting that trials for job evaluation are being considered and that the Government will discuss with the social partners the follow-up to be given to the Job Evaluation Committee's recommendations, the Committee wishes to be kept informed of any developments in this regard.

4. The Committee notes from the information contained in the report that, while an across-the-board supplement was awarded in the central and local government sectors in 1996 and a relatively large allocation was earmarked for centralized adjustment negotiations and for certain local negotiations, local settlements in the central government sector resulted in awards for women that were marginally in excess of a pro-rata distribution. It further notes that, in the municipal sector, the allocation for local adjustments was designed to promote pay parity, to better the position of low-paid employees and to promote the provision of a new pay scale. The Government's report does not give any reply to the Committee's previous request for information on the outcome of the implementation of the Women's Pay Committee's proposal for a job evaluation system in a sample of municipalities. The Committee hopes that this information will be included in the next report.

5. The Committee notes with interest the adoption of Act No. 38 of 1997 amending section 9 of the Equal Status Act to establish an Expert Centre on Equality. According to Ordinance No. 799 of 1997 concerning the rules governing the Expert Centre on Equality, the Centre will have an advisory, promotional and researching role and will be a focal point for cooperation and information dissemination. The Government is requested to provide information on the activities of the Expert Centre on Equality, in particular as regards issues of equal remuneration between men and women for work of equal value.

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

1. Further to its previous comments, the Committee notes with interest that the Gender Equality Act (Act No. 45 of 1978) was amended in 1995 to provide that, if differential treatment regarding wages can be established between men and women performing work of equal value, the employer must substantiate that this is not due to the gender of the employees (section 5). A similar amendment to reverse the burden of proof was made in regard to recruitment, promotion, notice to leave or temporary lay-offs (section 4). The Committee also notes with interest that the Government proposes to amend further section 5 to include criteria for comparing jobs. The Committee would be grateful if the Government would continue to provide information concerning any amendments made to the Gender Equality Act, together with information on the application in practice of the Act.

2. The Committee notes with interest that among the initiatives described in the report, a priority has been placed on achieving pay equality in public sector wage settlements during the current decade. In this regard, settlements to benefit low-wage groups, to award equal monetary increments to all public sector employees and to ensure that women receive a larger than pro-rata share of the amount available for distribution, have all brought about a favourable trend in pay equality in recent years. It also notes that the Government appointed a job evaluation committee in 1995 and implemented, on a trial basis, the Women's Pay Committee's proposal for a job evaluation system in a selection of municipalities. Please furnish information on the outcome of these initiatives.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the detailed information supplied by the Government in its report.

Article 3

1. As concerns the new wage determination system for the public sector, the Committee notes the Government's description of its apparently more flexible approach with regard to assessing the relative value of different jobs and meeting the demands of both the employer and the employee at the same time. It also notes that the new system is being tried out in various governmental undertakings. The Committee asks the Government to keep it informed in its next report of the practical impact of this new system as assessed by the Government's monitoring.

2. The Committee notes the Government's interest in investigating whether job evaluation is working as a strategy for achieving equal pay and its statement that a working group to establish comprehensive guidelines on the utility of job evaluation in the achievement of equal pay is to be appointed in Autumn 1993. The Committee would like to receive information on the findings of the working group.

Article 4

3. As regards the equal status agreements concluded between employers and workers in the private sector, the Committee notes that there has been little progress in recent years despite the fact that the research project, which covered nine enterprises, concluded that their job evaluations were a suitable instrument in a pay equity strategy. It would like to receive information on the outcome of the conference that was planned for Autumn 1993 and which was to deal with ways to link strategies for pay equality to organizational development within firms. It would also like to receive information on the content and the outcome of the project "Women and Economy", mentioned in the Government's report, as successfully meeting the needs of many women.

As concerns the local government agreements, the Committee requests the Government to provide information on the content of the guidelines for job evaluation that have been agreed on by the parties representing municipalities and counties, as well as of the outcome of the work of the committee of representatives of local government, which is due to conclude its work in 1993.

4. The Committee notes with interest the statistics on the earnings of full-time employees, which show a higher increase in the annual increments for women than for men in the last decade, and a drop to a differential of less than 10 per cent in local government and schools; but which at the same time show that the acceleration towards pay equity, after a period of general stagnation in the late 1980s, is slowing down. For example, it notes the high wage gap which continues in insurance (28.2 per cent in 1992) and the health sector (22 per cent for 1988). Noting the Government's explanations for the continuing disparities (pay supplements/bonuses are higher for men; management positions in female-dominated jobs are paid less than in male-dominated jobs; women's work is subject to a more uniform pay level than men's work) and their possible causes, the Committee would appreciate receiving, in future reports, similar detailed statistics and analyses.

The Committee asks the Government to provide, if possible, statistics on wage differentials by sector also taking into account the earnings of part-time workers.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the detailed information provided in the Government's report.

1. It notes, in particular, the statement according to which a report on a new equal pay strategy had been submitted to the Storting by the Government which would enable better fulfilment of the aims of the Convention. This new strategy stresses occupational segregation as the major factor in explaining the sex-based wage differentials and suggests a more direct and comprehensive approach to equal pay, consisting of various proposals for amendment of the present legislation, such as:

- an amendment of the Equal Pay Act in order to clarify the concept of "work of equal value" in its section 5 by setting criteria for work value assessment, thus emphasizing objective values such as the skill, the effort and the responsibility required for the performance of a specific job and the conditions under which the job is performed;

- an amendment of section 14 of the Act prescribing the conditions for bringing a case before the Labour Disputes Court (which is at present reserved for labour market organizations) so as either to grant the Equal Status Ombud authority to bring a case before the Labour Disputes Court or to give the Ombud a mandate to require a party to use that possibility, or to allow the Appeals Board to take decisions on the validity of collective agreements; and

- an amendment of the Act in order to reverse the burden of proof in cases of complaints under sections 4 and 5.

Noting that bills will be before the Storting on these amendments in Autumn 1994, the Committee asks the Government to keep it informed of the outcome of the debates on these proposed amendments. It hopes to receive a copy of the amending Act when passed, as well as to be kept informed on any other measures of implementation envisaged.

2. The Committee also notes the proposal of the Equal Status Ombud to amend the Equal Pay Act so as to require stronger proof for accepting "market value" as a criterion for wage determination. According to decisions from the Appeals Board, market value makes it possible for employers to give a higher salary to an employee as remuneration for skills that are not specifically required for the job, and the Committee notes from several decisions summarized in the Government's report that challenges to the payment of higher salaries to men have been lost on this ground. The Committee would like to be kept informed of any developments in this regard, particularly in view of the proposal to reverse the burden of proof in equal pay cases.

3. The Committee notes the programme on the development of pay and working conditions in female-dominated jobs which highlights the structural and individual barriers to equal pay. It also notes the steps taken within the Nordic framework and the public information booklet describing the project "Equal Pay for Women and Men in the Nordic Countries" which gives information on recent debates on equal pay subjects. Noting that the project will conclude in 1994 with a report outlining equal pay strategies and measures, the Committee would be grateful to receive a copy of the report.

4. The Committee is addressing a direct request to the Government on certain other points.

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

The Committee has noted with interest the detailed information supplied by the Government in its report.

1. The Committee notes the Government's statement that the number of complaints made to the Equal Status Ombud concerning equal pay contraventions under section 5 of the Equal Status Act seem to have become stabilised at a relatively low level in relation to the pay inequalities that still exist. The Government emphasises that though it is not unusual for wage inequalities to be corrected without reference to the Ombud (especially as employee organisations have been making more active use of the Act) it must conclude that the public still has too little information about the Act and the mechanisms of appeal. Moreover, states the Government, it is also likely that some of those with the necessary knowledge choose not to complain: the high rate of unemployment is probably one explanation for this situation.

As to the nature of the complaints dealt with by the Ombud, the Committee has noted that most complaints concern basic remuneration; complaints with respect to other supplements, bonuses or benefits have diminished. The Committee notes with interest, however, that the Ombud has initiated an inquiry into a private sector agreement which excludes from severance pay those employees filling less than 50 per cent of a position. It notes that the Ombud will consider whether this represents indirect discrimination in view of the fact that those excluded from the agreement are primarily women.

The Committee has also noted that some questions of principle have been determined by the Equal Status Appeals Board and by the Labour Disputes Court concerning the scope of comparison for the purposes of equal pay. For example, it has been determined by the Appeals Board that comparisons in job appraisal do not have to be made between workers who are employed concurrently; and a judgement of the Labour Disputes Court has recognised that different occupations may be regarded as comparable if there are similarities as regards training for the occupation and the job assignments involved and if the employees in the different occupations work with some degree of collaboration at the same workplace. In this connection, the Committee notes that the Equal Status Ombud considers that comparisons between workers with different types of specialised training should be further encouraged. Noting also from the report that the Equal Status Act is at present under revision, the Committee requests the Government to provide information on any amendments made to the Act; and to continue to furnish details on the outcome of equal pay matters dealt with by the Ombud and the above-mentioned courts.

2. The Committee notes that as part of a modernisation of the public sector, new wage determination systems have been introduced for the central and local governments. The objective of this initiative is to provide greater flexibility and opportunities for the differentiation of pay according to education or training, practice or competence, to improve the possibility of recruiting and keeping qualified workers by reducing the differences in pay between the private and the public sectors; and to decentralise decision-making and give individual undertakings the opportunity to use pay as a means of achieving better results.

The Committee further notes that the Equal Status Ombud and the Equal Status Council have drawn the attention of the Minister of Labour and Government Administration to the need to ensure that these flexible wage systems do not increase pay inequalities between women and men. These bodies have pointed out that the criteria for determining wages must be non-discriminatory in practice. They have stated in this regard that while many criteria are theoretically neutral as regards gender (e.g. willingness to work overtime, to take on jobs with difficult working hours) in practice they create greater difficulties for women than for men because women still bear the main responsibility for caring for their families. Thus requirements are needed to link performance specifically with work done during normal working hours (with appropriate adjustments for part-time work); and it is necessary to stipulate that absence in connection with statutory maternity leave must not have negative consequences for performance evaluation. The equal status bodies have also pointed out that, in hiring, it must be recognised that women and men have different ways of marketing themselves and men often find it easier both to make demands and to have them accepted. Further, existing pay inequalities between women and men will be aggravated if a decisive weight is given to the fact that an applicant is considered to have a high market value or already occupies a highly paid position.

The Committee would be grateful if the Government would continue to report on the impact these new wage-fixing systems have on the application of the Convention.

3. The Committee notes with interest from the report, as well as the information supplied by the Government in its last report on Convention No. 111, that a range of national projects are being undertaken as part of the Government's participation in the Nordic Equal Pay Project (1989-93), including an information campaign on wage differences with the involvement of all relevant agencies. The campaign is directed at the 1992 collective wage negotiations and focuses on structural pay inequalities, that is, the fact that women's work is paid systematically less than men's. In this regard, the Committee has noted the comments transmitted by the Confederation of Norwegian Business and Industry (NHO) under Convention No. 111, which pointed out that the real problem in Norway is that positions held mainly by women have lower wages than those held mainly by men (rather than that there are wage differences between women and men in the same positions).

The Committee requests the Government to supply information regarding the impact of the above-mentioned campaign, as well as those other national projects on which the Government has reported, in reducing the wage differential.

4. The Committee notes that pursuant to the framework agreement on equal status concluded between the Federation of Trade Unions and the Confederation of Business and Industry 1981, and revised in 1985, specific agreements have been concluded in a number of enterprises but that, reportedly, the further development of agreements has been inhibited by difficulties owing to, among other reasons, the high rate of unemployment. The Committee requests the Government to provide details on any progress made in the conclusion of these agreements.

5. The Committee notes with interest that the Federation of Trade Unions denoted equal remuneration as one of their priority areas for the period 1990-93. In this connection, it notes that a committee of representatives from employers' and workers' associations was appointed during the collective wage agreement negotiations to discuss possible strategies for achieving equal remuneration; and that this has taken the form of a project aimed, inter alia, at investigating ways of making job appraisal systems into appropriate instruments for reducing pay inequalities. The Committee requests the Government to furnish details concerning this project.

6. The Committee has also noted with interest the statistical data supplied by the Government with its report which show an acceleration in the trend towards greater equality, following a period of stagnation in the relative earnings of women and men in the 1980s. The Committee requests the Government to continue to supply such data in its future reports.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes from the Government's report that there is an increasing concentration of interest on structural inequality of remuneration between men and women. It notes, for instance, the view expressed in the report "Sex and Salary: A Study of the Equal Pay Provisions of the Norwegian Equal Rights Act", that the Act is of limited use because it restricts comparisons only to workers in the same undertaking. In the same connection it notes the information on the work of the Equal Status Ombudsman, indicating that she is concentrating more frequently on structural inequalities as well as on individual cases. It notes further that the Equal Status Council has noted growing interest in the question of how to overcome the anomaly that traditional women's occupations are systematically more poorly paid than the equivalent men's occupations. The Committee asks the Government to keep it informed of further progress in the discussion of this question.

2. In the same connection, the Committee notes from the statistics in the report that there has been little change during the 1980s in the relative pay of men and women in most sectors, but that in other sectors there has been some improvement. It requests the Government to continue to provide information on this question in its future reports.

3. As concerns the public sector, the Committee notes from the report that equal status committees have been set up in more municipalities, and that an increasing number are drawing up action plans for equal rights. It also notes that Norway is participating in the Nordic collaboration on equal rights, whose new five-year plan focuses on equal pay in the sense of the Convention. It also notes the information on the activities of the Directorate of Personnel of the central Government in this area. Please continue to supply information on the activities undertaken and the progress achieved in this regard.

4. The Committee notes the supplementary agreement for 1988-89, concluded between the Norwegian Federation of Trade Unions (LO) and the Confederation of Norwegian Business and Industry (NHO) to establish a remuneration system based on job appraisal and setting the requirements for such a system. It requests the Government to indicate the progress achieved in this connection in its next report. It also notes, however, the reservations expressed by the Equal Status Council on the usefulness of job appraisal systems as a method for reducing pay inequality.

5. The Committee notes the information on the increase in complaints on unequal pay submitted to the Ombudsman, which appear to be occasioned by the temporary block on pay increases except as a result of successful complaints of unequal pay. The Committee notes further the information on other complaints submitted and on their disposition. Please continue to provide information in this connection in future reports.