Workers with Family Responsibilities Convention, 1981 (No. 156) - Norway (Ratification: 1982)

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

Previous comment

Articles 3 and 8.Protection against discrimination in employment and occupation and termination. The Committee notes the Government’s indication, in its report, that the Work Research Institute (AFI) was commissioned by the Equality and Anti-Discrimination Ombud to investigate the extent of work-related discrimination based on pregnancy and parental leave in 2021. The survey showed that, despite a strong protection in the legislation, there were still many employees and job seekers who experienced negative consequences in connection with having children. The report from AFI showed that, rather than intentional discrimination on the part of the employer, it is structural and organizational logic that leads to negative outcomes for the individual (such as lack of adaptations for pregnant women, work culture linking promotions to high demands and long working hours that are incompatible with being pregnant or caring for small children, etc.). As a follow-up to the AFI report, the Ombud conducted a communication campaign in social media to disseminate information about rights and obligations in relation to pregnancy and parental leave for both employees and employers. The Government pledges to work in close cooperation with the social partners in order to ensure an “organized working life” (such as limiting the recourse to temporary employment) with a view to reduce pregnancy discrimination. It adds that, in 2020, the activity and reporting obligations under the Equality and Anti-Discrimination Act (EADA) were strengthened, inter alia so that employers take workers’ care obligations into account in their personnel policies. The Committee also notes the information provided by the Government on the cases brought to the Anti-Discrimination Tribunal. The Committee wishes to draw the attention of the Government in this regard to its 2023 General Survey, achieving gender equality at work (chapter 5). The Committee asks the Government to provide information on any additional measures taken, as a follow-up to the Work Research Institute report or otherwise, with a view to prevent discrimination and ensure full compliance with the law in regard to access to employment, promotional opportunities and terms and conditions of employment for men and women with family responsibilities (including towards members of their family who clearly need their care or support). Please provide information on the impact of such measures. It also asks the Government to continue to provide information on any judicial decisions concerning issues of termination of employment or other discriminatory treatment in employment related to grounds of family responsibilities.

Article 4 of the Convention. Paid leave and working arrangements. The Committee welcomes the Government’s indication that, as of July 2018, the period of parental leave reserved for the mother only (mother’s quota) and the father only (father’s quota) has been increased to 15 weeks each, while a period of 16 weeks can be shared among the parents (total of 46 weeks). Since January 2019, parents can request the reduced rate of compensation (at 80 per cent) in order to benefit from 19 weeks each plus 18 weeks to be shared (56 weeks total). The Government explains that the rationale behind these changes was to increase the fathers’ use of the parental benefits and consider both parents as equal carers. It recognizes, however, that there remain large gender differences in the use of parental benefits, most parents deciding that the mother takes the shared quota. In this regard, the Committee notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted that women carry a disproportionate care and child-raising burden which hampers their career prospects. It recommended that Norway further strengthen its efforts to promote equal sharing of child-raising and care responsibilities between women and men and to offer flexible working arrangements to women and men in all sectors (CEDAW/C/NOR/CO/10, 2 March 2023, paragraphs 40(c) and 41(a)). The Committee asks the Government to provide statistics on the use of parental leave by men and women; and information on any measures taken or envisaged to promote an equal sharing of parental care obligations.

Article 5. Childcare and family services and facilities. The Government indicates that, in 2022, 93.4 per cent of all children between 1 and 5 years, and 86.2 per cent of minority language children of the same age, attended kindergarten (up by 3 and 8.6 percentage points, respectively, compared to 2015). It informs the Committee that, as of 1 August 2023, kindergarten is provided free of charge for any additional children for families that already have two children in kindergarten (in addition to the 30 per cent discount that municipalities must provide for the second child). Furthermore, the maximum parent’s fee for a child in kindergarten has been reduced since 2021 (at Norwegian Kroners (NOK) 3,000 per month since 1 January 2023). The Committee takes note of the information provided by the Government.

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

The Committee notes the observations by the Norwegian Confederation of Trade Unions (LO) attached to the Government’s report and the observations of LO and the Norwegian Confederation of Unions for Professionals (UNIO) which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100).

Article 4 of the Convention. Paid leave and working arrangements. The Committee notes that as of 1 July 2014, the parental leave period that is reserved for the mother only and father only was reduced to ten weeks from 14 weeks each, and at the same time the remaining period that is to be shared between the parents was increased by eight weeks, so that the total benefit remained the same: 46 weeks with 100 per cent coverage or 56 weeks with 80 per cent coverage. Three weeks with benefit continues to be provided to the mother before the birth of the child. It further notes that in 2015, 85,367 women and 58,382 men received parental benefits. The Committee notes the concerns expressed by the LO and UNIO in their observations under Convention No. 100 that, as a result of the reduction in the paternity leave from 14 to 10 weeks, fathers take less leave and mothers are becoming more homebound. The Committee asks the Government to provide information on the rationale for the changes and their impact in practice on both men and women in exercising their right to parental leave. The Government is also asked to provide statistics on the use and length of parental leave taken by men and women and trends over the five-year reporting period.

Article 5. Childcare and family services and facilities. Recalling its previous comments, the Committee notes the information concerning the provision of childcare facilities, including the existence of an individual legal right to a place in a kindergarten institution and the legal obligation of local authorities to provide a sufficient number of places. It welcomes the information that the number of children in kindergartens has increased considerably since 2005, including among language minority children (2015: 90.4 per cent of all children between 1 and 5 years had a place in a kindergarten) and that fees have continued to decrease. The Committee notes the importance placed by the LO on the provision of available and affordable childcare, the need to keep the cost level down and the positive effect this can have in enabling women, in particular, to participate in working life on a full-time basis. The Committee asks the Government to continue to provide information on the availability, cost and use of childcare facilities.

Article 8. Protection against dismissal. The Committee notes from the information supplied under Convention No. 100 that findings of a survey on discrimination based on pregnancy and parental leave, conducted by the Equality and Anti-Discrimination Ombud in 2014, reveal that 55 per cent of women workers and 22 per cent of men workers reported having experienced discrimination associated with pregnancy and parental leave. Thirty-six per cent of women workers reported having experienced two or more cases of discrimination particularly related to having children. The Ombud considered these findings very serious and has undertaken several awareness-raising and training sessions in order to prevent discrimination based on pregnancy and family responsibilities. The Committee further notes that the Norwegian Directorate for Children, Youth and Family Affairs has prepared a guide for employers, in cooperation with representatives of employers and workers organizations, to promote greater awareness of the rights and obligations related to pregnancy and parental leave, and to help ensure that women and men are not discriminated against, and that stereotyped perceptions of the care roles of women and men do not affect workers’ exercise of parental leave or views on their ambitions for working life. The Committee asks the Government to provide information on the impact of the measures that have been taken to follow up and address the findings of the survey on discrimination by the Ombud. It also asks the Government to provide information on any other measures taken to prevent discrimination and ensure full compliance with the law in regard to access to employment, promotional opportunities and terms and conditions of employment for men and women taking parental leave. It also asks the Government to provide information on any complaints and judicial and administrative rulings or decisions concerning issues of termination of employment or other discriminatory treatment in employment related to grounds of family responsibilities.

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

Article 1 of the Convention. Scope of application. The Committee notes with interest the amendment to the first paragraph of section 12-10 of the Working Environment Act (WEA) extending the personal scope of the provision concerning the right to care for family members in the terminal stage of an illness from “close relatives” to a “person being close to the patient”. This means that the personal scope now also includes friends, neighbours or other persons in the local community with whom the patient has a close relationship and from whom they feel comfortable receiving care. The Committee notes that the 60 days of care benefit is per patient and may be used flexibly including being shared by several caregivers. The Committee also notes, in the second paragraph, the inclusion of the right to leave up to ten days per year for a worker to provide “necessary care” to their parents, spouse, live-in or registered partner and that the types of care that qualify as “necessary” is an assessment to be made in each specific case. The “necessary care” leave does not entitle the worker to a care benefit to compensate for a loss of income. The Committee asks the Government to continue to provide information on the practical application of section 12 of the WEA, including relevant statistical information and any assessments undertaken to evaluate the effectiveness of the WEA in promoting the balancing of work and family responsibilities for men and women without discrimination.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Legislative developments. The Committee notes with interest that the new section 12-10 of the Working Environment Act of 17 June 2005: (i) extends the right to care for family members in the terminal stage from 20 days to 60 days; and (ii) provides that the worker is entitled to take care of parents, wife, live-in partner and registered partner up to ten days a year; and to take care of a child with disabilities from the age of 18 up to ten days a year when the worker has done so before the child becomes 18 years of age. With regard to section 4b of the National Insurance Act of 28 February 1997, the Committee also notes the Government’s indication that, based on the approval by the Parliament, as of July 2011 the total benefit period of parental leave will be extended to 47 weeks with 100 per cent pay or 57 weeks with 80 per cent pay, and the father’s quota will be increased to 12 weeks. The Committee notes in this regard the NHO’s observations concerning the length of the parental leave. The Committee asks the Government to provide information on the practical application of section 12-10 of the Working Environment Act, and on other measures taken in law and practice to give effect to the provisions of the Convention. It also asks the Government to provide information on the amendments adopted to the National Insurance Act concerning parental leave benefits, and any statistical information on parental leave benefits.

Article 5. Childcare and family services and facilities. The Committee recalls the LO’s previous comments on the insufficient number of available childcare centres, as well as on the shortage and high cost of pre-school places. In the absence of a reply, the Committee again asks the Government to provide information on the availability of childcare facilities, including pre-school places, and any measures to improve the availability of childcare services for workers with family responsibilities.

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

The Committee notes the Government’s report and the communication from the Norwegian Confederation of Trade Unions (LO) dated 25 September 2006.

1. Legislative developments. The Committee notes with interest the recent legislative developments with respect to the application of the Convention. It notes from the revision of the Working Environment Act (WEA) that employees are entitled to flexible working hours (section 10-2(3)) as well as a partial leave of absence for three years to care for a child (section 12-6). The WEA also extends the leave of absence for fathers to two weeks following the birth or adoption of a child (section 12-3) and gives greater rights to employees to take leave in case of a child’s illness or injury (section 12-9(4)). The Committee further notes the amendments to the National Insurance Act of 28 February 1997 concerning benefits in cases of maternity/paternity and adoption whereby fathers can receive parental and adoption benefits based on their own eligibility. It notes that in 2005, about 90 per cent of eligible fathers made use of their right to such benefits. Furthermore, the Committee notes that the amended Gender Equality Act of 2002 now explicitly prohibits differential treatment that would place a woman or man in a weaker position than they would otherwise be as a result of pregnancy, childbirth or leave of absence (section 3(2)). The Committee welcomes these developments and asks the Government to continue to provide information on the measures taken in law and practice to give effect to the provisions of the Convention.

2. Article 5 of the Convention. Childcare services. In its communication, the LO alleges that despite longstanding efforts, the number of available childcare centres is not sufficient to meet the needs of parents and that challenges remain, particularly in providing childcare for children under the age of three. In addition, the LO states that the shortage and high cost of pre-school places does not allow parents to choose the best care facilities for their children. The Committee asks the Government to provide information in its next report on the availability of childcare facilities, including pre-school places, in relation to existing demand and whether any measures are planned or in place to improve the availability of childcare services for workers with family responsibilities.

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

The Committee notes the various measures taken by the Government to ensure workers with family responsibilities have equal opportunity and treatment. It notes that the Cash Benefit Scheme for Parents with Small Children Act entered into force on 1 August 1998 and is applicable to all parents with children between the ages of one to three, irrespective of financial means, except when the child attends a day-care centre which receives a grant from the Government. Families with children in part-time day care receive a partial cash benefit. In this regard it notes the amendments to sections 31, 32 and 33A of the 1977 Worker Protection and Working Environment Act (WEA) extending the right of leave of absence for childcare including where parental responsibility is allocated under sections 36 and 37 of the Children’s Act as well as for children with special needs. The Committee also notes with interest that the number of fathers making use of their rights to enjoy parental benefits has increased from 1 per cent in 1993 when it was introduced, to the current figure of nearly 80 per cent, and asks the Government to continue to supply information on these and other measures aimed at increasing the role of the father in caring for small children, a recommendation of the Working Party for the Role of the Male referred to in earlier comments.

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

The Committee notes the report of the Government and appended documents.

The Committee notes with interest the amendments to sections 31, 32 and 33A of the 1977 Worker Protection and Working Environment Act, which extend the right of leave of absence in the event of pregnancy and childbirth, adoption and where a child or childminder is ill.

The Committee has also noted that four weeks of the total cash benefit period for parental leave awarded in the case of maternity have been reserved for the father, on condition that he stays at home to care for the child. Recalling that this initiative was based on a recommendation of the Working Party for the Role of the Male (which concluded that men's increased engagement in caring for small children ought to be an important policy aim for the future), the Committee would be grateful if the Government would continue to supply information concerning the implementation of measures consistent with this goal.

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

Referring to its previous comments concerning any measures taken with respect to workers with responsibilities in relation to members of their families other than dependent children, the Committee notes with interest the recent amendments made to the 1966 National Insurance Act. Under these, an insured person who is home nursing a person with whom he or she has a close relationship is entitled, during the terminal phase of an illness or injury, to daily cash benefits (under the rules concerning such payments for an insured person's illness) for a period of up to 20 days. In addition, a person who has been caring for elderly, sick or handicapped persons who are not in an institution, may be credited with pension points for each calendar year in which he/she has provided such care, provided that the care has amounted to at least six months of the year in question and has been so extensive that the person has essentially been prevented from supporting him or herself. (This latter benefit also applies to persons caring for children under 7 years of age.)

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

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

The Committee has noted the information supplied by the Government in reply to its previous direct request concerning the application of Article 5 of the Convention.

Article 1, paragraph 2, and Article 10 of the Convention. In its first report, the Government had stated that few provisions deal with workers who are responsible for members of their family other than children, and that the question of extending the right to time off or leave of absence to include supervision in connection with illness, of handicapped persons of any age, of aged parents, siblings, spouses and so forth, was being followed up. The Government had also stated that to some extent step-by-step implementation of the Convention would be followed. The Committee would be grateful if, in its next report, the Government would indicate what measures have been taken or are envisaged to apply the various Articles of the Convention to workers with responsibilities in relation to members of their immediate family (other than their dependent children) who clearly need their care or support.

Article 8. The Committee notes that no further steps have been taken to incorporate the Home-help Act into the Working Environment Act. It hopes that the next report will indicate any developments in this regard.