Texts of pending comments

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

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

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

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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 14 of Convention No. 81, and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. In its previous comments, the Committee noted that the Labour Inspection Authority (LI) had developed an electronic system for the registration of notifications of occupational accidents and work-related diseases and requested the Government to provide further information on its functioning. The Government indicates that the system provides quality data, which are also used for the purpose of prevention and for the development of risk-based approaches to inspection. However, the Government reports that the implementation of electronic reporting of work-related diseases is facing challenges. In this respect, the Committee notes that, although the Government has an intention of offering a digital procedure for the reporting of work-related diseases by physicians, this has not yet been implemented. Regarding the reporting of accidents, in its reports for the Occupational Safety and Health Convention, 1981 (No. 155) and for the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the new registry system for occupational accidents, managed by Statistics Norway. The Committee notes that the new system includes statistics on accidents at work that have been reported by employers to the Norwegian Labour and Welfare Administration (NAV) during a calendar year. The Government highlights the underreporting of both work-related diseases and injuries. It reports a series of measures aiming to increase the reporting of work-related diseases, such as the improvement of the notification form and an e-learning course for physicians about reporting. Furthermore, the Committee notes that the LI aims to reduce underreporting of injuries by simplifying the reporting to NAV. In this respect, it applies the “once only principle” according to which the employer can use a digital interface, which facilitates reporting of the same accident information to all relevant agencies at the same time. The Committee notes the information provided by the Government under Convention No. 187, according to which, the underreporting is relatively high in sectors where many workers are self-employed, for example agriculture and fishing. This is because workers who are not covered by the social security insurance system, including self-employed persons and freelancers, do not send an occupational injury report to NAV, and are therefore not included in the statistics. Regarding the development of the pilot project on joint reporting in conjunction with the NAV and the Petroleum Safety Authority (PSA) that the Committee noted in its previous comments, the Government indicates that it has not progressed as planned. The Committee requests the Government to continue to provide information on the measures taken to address the underreporting of cases of occupational accidents and diseases, especially in sectors occupying self-employed workers. It also requests the Government to provide information on any progress achieved with respect to the pilot project on joint reporting in conjunction with the NAV and the PSA.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection, particularly concerning coverage of the agricultural sector. The Government indicates that agriculture is one of the prioritised industries for the LI. The Committee takes note of the detailed information and statistics provided by the Government regarding the agricultural sector (workforce, registered establishments, type of employment relationships). The Government also provides detailed statistics regarding the inspection activities undertaken in the agricultural sector for the period 2016–21. The Government indicates that most of the inspections involve risk-based targeted activities, followed by incident-related inspections (accidents, diseases or notifications) and inspection activities related to the national cross-agency effort towards undeclared work. The Committee also notes the information contained in the Government’s report on the number of reported accidents and fatalities in the sectors of agriculture, forestry, fishing and aquaculture for the period 2015–19, as well as information on the type and causes of accidents. The Committee requests the Government to continue to provide detailed information on the agriculture industry as well as other workforce sectors, and to ensure that the information required on each of the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129 is reflected in the labour inspection reports.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mining), 170 (chemicals), and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the detailed information provided by the Government on statistics regarding accidents at work and occupational fatalities per type of industry and type of accident, reported to the Norwegian Labour and Welfare Administration (NAV) for the period 2015–19. The Committee notes that the Government provides statistical information regarding fatal and non-fatal work injuries over the past eight years in the construction sector. The Committee also notes the Government’s indication that the Labour Inspection Authority (LI) continues to carry out preventive activities to reduce the exposure to radon in order to fulfil the Government’s Strategy for the reduction of radon exposure in Norway. The Government further indicates that it implemented preventing measures on reducing the exposure to carcinogens for small enterprises through the Norwegian participation in the Healthy Workplace campaign “Healthy Workplaces Manage Dangerous Chemicals” 2018-2019. In addition, the Government indicates that the LI has recently developed a series of e-tools for specific industries to help companies with risk assessments and appropriate measures to eliminate or reduce risk and to help companies with safe handling of chemicals (such as the Risk Helper and the EU-OSHA Dangerous Substances e-tools). The Committee notes that the Government has not provided information, regarding its previous request under Convention No. 170, on the implementation of the Working Environment Guide (WEG), which is an e-tool designed to provide a simple introduction to systematic work on the working environment for employers, safety representatives and employees. The Committee requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including on the number, nature and cause of reported occupational accidents and cases of occupational disease. In addition, the Committee requests the Government to indicate whether the WEG is still in use or whether it was replaced by other e-tools. For the application in practice of Convention No. 176, the Committee refers to its comment below.

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes that, according to information provided by the Government in its report, during the reporting period, the Norwegian Tripartite ILO Committee discussed the possibility of ratifying a variety of OSH Conventions related to the follow-up to the resolution on the ILO Centenary Declaration for the Future of Work. The Committee notes the Government’s indication that there is currently no basis to ratify any further OSH Conventions. The Committee requests the Government to continue to provide information on the periodic consideration given to measures that could be taken to ratify relevant ILO OSH Conventions, and to provide information on the consultations held in this respect.

Article 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. National OSH policy. The Committee noted, in its previous comments, the observations by the Norwegian Confederation of Trade Unions (LO) questioning whether the extensive legislation regulating OSH matters in the country reflected a coherent national OSH policy covering both workplaces under the LI and those under the Petroleum Safety Authority (PSA). In this respect, it noted that the LI had informed the PSA about possible legislative changes regarding occupational safety and health and requested the Government to provide relevant information. In its report, the Government indicates that the legislative OSH framework allows for adaptations and adjustments with regard to specific sectors and industries, including the petroleum sector. With regard to improvements in the coherence of the national OSH policy resulting from the dialogue between the LI and the PSA, the Government indicates that the LI and the PSA manage several common regulations and have worked together for the establishment of a portal, which aims to disseminate information on effective preventive work environment to industries, sectors and companies. The Committee requests the Government to continue to provide information on the dialogue between the LI and PSA aimed to improve coherence of the national OSH policy.

Article 5(c) and Article 14 of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Provision of OSH training. In its previous comments, the Committee noted the observations of the LO stating that, while under section 3-5(1) of the Working Environment Act (WEA) employers are required to undergo training regarding how to ensure satisfactory health, environment and safety at work, there are no regulations in place concerning the content and extent of this training, as opposed to training for safety representatives. The Committee requested the Government to provide information on the application in practice of section 3-5(1) of the WEA. The Government is of the opinion that the OSH training requirements for leaders of undertakings should be more flexible than those applying to safety representatives, and therefore, no specific requirements exist regarding OSH training for the chief executive of the undertaking under section 3-5. The Government indicates that training must be adaptable to the nature of the undertaking and its activities, risk factors and size, as well as each chief executive's personal working situation. However, the Government indicates that guidance is provided by LI, both on the content of the training and the desired acquired knowledge. The Government provides information of the LI’s supervising experience which shows that the content and scope of the training varies greatly depending mainly on the type of establishment. The Committee notes the information provided by the Government, which answers the points previously raised.

National system

Article 4(3)(d) of Convention No. 187. Occupational health services. In its previous comments, the Committee noted the appointment by the Government of an expert committee to assess different OSH models. The Government indicates that the committee delivered its report in 2018, which was presented for a public consultation. The Committee notes that a project group, comprised of relevant professional authorities, and with the social partners’ participation, was subsequently established in December 2019. In November 2020, the group delivered its report with recommendations for legislative changes and other measures aiming towards developing occupational health service. The Committee notes that the report was endorsed by the social partners and the legislative suggestions were sent on a public consultation in June 2021. The Committee requests the Government to provide information on the outcome of the consultations and to continue to provide information on any other efforts undertaken to develop occupational health services.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanism for the collection and analysis of data on occupational injuries and diseases. The Government indicates that with regard to recording of occupational diseases, the LI´s Registry record reports of work-related diseases from medical practitioners. The Committee notes that, although the reporting of work-related diseases is mandatory according to the WEA, less than 5 per cent of physicians in Norway report work-related diseases to the LI. The Government indicates that a digital procedure for the reporting of work-related diseases by physicians has not yet been implemented but refers to other measures taken to increase the reporting of work-related diseases. Regarding the recording of occupational accidents, it indicates that a new registry was established, under the management of the Statistics Norway. According to the information provided by the Government, the NAV, Statistics Norway, the LI, the PSI, the Norwegian Institute of Public Health and the National Institute of Occupational Health in Norway (STAMI) have jointly identified proposals for projects for the development of a common solution for electronic reporting of occupational accidents and diseases, reported in a feasibility study from 2016. Following the study, the authorities are working on implementing the recommendations and are currently working together on a digital public private joint solution programme (DSOP). The Department of Occupational Health Surveillance (NOA) at STAMI also coordinates, systemizes and disseminates knowledge on the working environment and health in the form of a surveillance system primarily targeted on work-related injuries. Referring to its comments under Conventions Nos 81 and 129, the Committee requests the Government to provide further information regarding the progress achieved in the development of an information system regarding diseases and to continue to provide information on the operation of the registry for occupational accidents and available statistics on the matter.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee takes due note of the promotional activities, including tools and guidance, aiming at the progressive improvement of OSH conditions in SMEs and in the informal economy. In particular, the Government indicates that the LI, in cooperation with the social partners, has developed a web-based self-risk-assessment tool which is particularly useful for SMEs and micro-enterprises, who often do not have access to internal expertise in risk-evaluations. With regard to OSH conditions in the informal economy, the Government refers to a series of efforts aiming to combat work-related crime. The Committee notes the revised 2021 Strategy to combat criminal activities related to working life, as well as the “Tripartite industry program” that has been created to contribute to decent working conditions in vulnerable industries. The Committee requests the Government to continue to provide information in relation to OSH support to the informal economy.

National OSH Programme

Article 5 of Convention No. 187. National OSH programme. The Government indicates that its main strategy for a safe and proper working life is stated in the Report No. 1 (2020-2021) on the National Budget, which provides that OSH is a key component in the main goals for the labour market as a whole. The Committee notes that four main strategic measures are mentioned in Report No. 1: a) Supervision, guidance and information, b) Development of regulation, c) Development of knowledge, d) Cooperation – tripartite cooperation. The Committee takes note of the White Paper on safety on the Norwegian continental shelf, as well as the White Paper No. 12 (2017-2018) on health, safety and environment in the petroleum industry. The Government indicates that there is a high degree of transparency and close cooperation with relevant stakeholders with respect to the National OSH Programme. The Committee observes that, however, the Government does not provide specific information on how its national OSH programme covers the elements in Articles 5(2)(a)–(e), as previously requested by the Committee. The Committee reiterates its request that the Government provides further information on how it ensures that its national OSH programme covers the elements in Articles 5(2)(a)–(e), particularly with respect to the establishment of targets and indicators of progress (Article 5(2)(d)). It also requests the Government to provide information on the manner in which its OSH programme is periodically reviewed in consultation with the most representative organizations of employers and workers.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. In its previous comments, the Committee noted that section 4-6 of the WEA refers to persons with reduced capacity for work “as a result of an accident, sickness, fatigue or the like” and requested the Government to indicate if this provision also applies to situations before an occupational disease has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned work involving exposure to ionizing radiations. The Committee notes the Government’s response indicating that the section does not have an exhaustive list for the situations in which the obligation applies, and must be seen in the context of the employee’s duty to provide information about his capacity for work, but not about his sickness. Therefore, this provision also applies to situations before an occupational disease has been declared. The Committee notes this information and requests the Government to provide information on the application in practice of section 4-6 of the Work Environment Act to workers engaged in work involving exposure to ionizing radiation.

2. Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) of the Convention. In its previous comments, the Committee noted the adoption of a series of regulations, and requested the Government to indicate the specific provisions that give effect to the Convention. The Government indicates that sections 4 and 6 of the Act relating to the control of products and consumer services and sections 1-4 (definitions), 3-19 (prohibition on work with special chemicals), and 4-1 (prohibition on asbestos and asbestos-containing materials) of Regulation No. 1357 (performance of work, use of work equipment and related technical requirements) are relevant to the application of the Convention. It also indicates that sections 5-6 and 5-1 and Annex 1 of the Regulation concerning action and limit values for physical and chemical agents and related technical requirements (prohibition on work with special chemicals), as well as sections 5-4(1)(c) and (e) and 18-6(3)–(5) of the WEA are relevant. The Committee notes that Regulation of 16 June 2012 No. 622 on classification, labelling and packaging of substances and mixtures was recently amended in March 2021. The Committee requests the Government to indicate the provisions of the amended Regulation of 16 June 2012 No. 622 that give effect to the Convention.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the information that the Act relating to prevention of harmful effects of tobacco (9 March 1973 No. 14) has been further amended, and section 12 was repealed and that section 25 now provides that in spaces and transportation with public access, the air must be smoke free and sets several means to ensure compliance with the ban on smoking. The Committee notes that for the period 2014–20, the LI conducted 202 inspections and issued 192 reactions to violations based on the said section of the Act. The Committee requests the Government to continue to provide information on measures taken in accordance with Article 3 of the Convention, and their application in practice.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Government reports several measures taken to address the higher exposure of specific workers to carcinogenic substances or agents and the consequent health risk. It revised the guidance on health examination and physical capacity testing for smoke and chemical divers and established the organization “Firefighters against cancer”. In the period 2016–2018, the LI carried out 338 inspections related to the exposure to fire smoke among firefighters and sweepers and uncovered a series of offences. In addition to checking compliance with relevant requirements in the working environment legislation, the LI provided guidance on necessary measures to reduce the risk of health damage and illness related to harmful exposure to fire smoke. The Government reports that the LI's supervision in cooperation with the organization “Firefighters against Cancer” have led to increased prevention measures. The Government indicates that local authorities have prioritised the improvement of the condition of fire stations, including in relation to cleaning, hygiene, ventilation, and usage of personal protective equipment. The Committee takes note of this information, which addresses its previous request.

Article 5. Medical examinations and biological or other tests during the period of employment and thereafter. The Government refers to a series of risk prevention and risk assessment activities aiming to reduce exposure to dangerous substances, including setting of occupational exposure levels for carcinogenic substances. It also refers to the focus it places on the elevated health risks linked with night work commonly found in health care, manufacturing, transport, retail, and services sectors. In this respect, the Committee notes several initiatives conducted in this respect. The information provided by the Government does not focus on the measures taken to supervise the state of health of workers who have been exposed to carcinogenic substances after the period of employment. The Committee recalls that, given the often significant latency period (between 10 and 40 years between occupational exposure and development of cancer), Article 5 of the Convention provides for such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee requests once again the Government to provide further information on the measures taken or envisaged to supervise the state of health of workers, who have been exposed to carcinogenic substances after the period of employment, in accordance with Article 5 of the Convention.

3. Asbestos Convention, 1986 (No. 162)

Article 3(3) and (4) of the Convention. Permitted derogations from preventive and protective measures. In reply to Committee’s previous request, the Government provides detailed information on the nature of the derogations from preventive and protective measures, their conditions and limits of time for the period 2010–20. It reports that for the years 2016, 2017 and 2020 one derogation from the regulations on asbestos was granted each year, while none was approved in 2018 and 2019. Regarding the Committee’s previous request on information on the precaution taken to protect workers’ health and the consultations held with the most representative organizations of employers and workers concerned, as prescribed by Article 3(3) and (4) of the Convention, the Government indicates that the derogations are only permitted by the LI after an assessment of the work being justified from a safety and health perspective and if not in breach of the EEA Agreement. Representative organizations of employers and workers are not consulted directly but are familiar with the possibility to grant exemption from the Norwegian regulation/practice. The Committee takes note of this information, which address its previous request.

Article 21(5). Notification of occupational diseases caused by asbestos. Application of the Convention in practice and statistical information. The Committee notes that occupational diseases caused by exposure to asbestos remain largely under-reported and that despite their obligation to report cases to the LI, only 4 to 5 per cent of the medical practitioners fulfil their duties. In this respect, the Committee refers to its comments on Convention Nos 81 and 129, where it notes that despite LI’s intention, a digital notification procedure for reporting of work-related diseases has not been implemented yet and took note of measures taken to increase the reporting of work-related diseases. The Committee reiterates its request that the Government takes all the necessary measures to ensure that medical practitioners duly report occupational diseases caused by asbestos, and to provide information on any development in this regard.

4. Chemicals Convention, 1990 (No. 170)

Legislation. The Committee notes the information provided by the Government with regard to the provisions of Regulations No. 1355, 1356, 1357 and 1358 which give effect to the provisions of the Convention.

Articles 3 and 4 of the Convention. Consultations with employers’ and workers’ organizations on national policy related to chemicals. In its previous comments, the Committee had noted that the LI had established a registration, evaluation authorization and restriction of chemicals (REACH) office to stay up to date on REACH areas that concern the working environment in Norway. The Committee requested the Government to provide further information on the mandate and activities of the REACH Office and how employers’ and workers’ organizations are consulted in this process as well as in the periodical review of the national policy related to chemicals. The Government indicates that the LI is the coordinating competent authority concerning the Title IV of REACH European Union regulation on information in the supply chain. The Government also indicates that the LI participates in enforcement activities, for exchange of information on enforcement related to both REACH and on classification, labelling and packing of chemicals (CLP). The Government indicates that consultation with workers’ and employers’ organisations is centralised and is conducted by a representative from the Department for Working Environment and Legislation. Issues pertaining to REACH and CLP are channelled through this representative. The Committee takes notes of this information and requests the Government to provide information on the periodical review of the national policy related to chemicals.

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention. Inspection and enforcement measures. Application in practice. In its previous comments, the Committee noted an increase in orders issued for the period 2010–13 and requested the Government to indicate the causes of this increase, the nature of the cases concerned, and measures taken or envisaged to strengthen the application of the Convention in practice. The Government indicates that the relevant statistical information regarding the commerce and offices sector is not available. The Committee requests the Government to indicate the measures taken or envisaged to ensure that statistical information regarding the commerce and offices sector becomes available. In this regard, the Committee requests the Government to give a general appreciation of the manner in which the Convention is enforced and to provide relevant extracts from the reports of the inspection services concerning the application of the Convention.

2. Safety and Health in Construction Convention, 1988 (No. 167)

Article 15(2) of the Convention. Lifting appliances and gear. In reply to its previous comments regarding the measures envisaged or taken in order to ensure that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose in accordance with national laws and regulations, except in an emergency situation. The Government points out that, according to section 8-18 of the Regulation concerning the performance of work, use of work equipment and related technical requirements, the employer must apply for exemption from the LI in cases where it is appropriate to use unapproved equipment for personal lifting because approved equipment has not been developed or because approved equipment is unsuitable for use, and its use is not of an exceptional nature. The Committee recalls that, according to Article 15 (2), exceptions are authorized in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used. The Committee requests the Government to adopt the necessary measures to ensure compliance with this provision of the Convention.

Article 22. Structural frames and formwork. Supervision by a competent person. Adequate precautions to guard against danger. In its previous comment, the Committee requested the Government to provide information on measures taken or envisaged to ensure that the erection of structural frames and components, formwork, falsework and shoring be carried out only under the supervision of a competent person; and that adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure, in accordance with Articles 22(1) and (2) of the Convention. In its current report, the Government reports a series of additional regulations giving effect to Article 22, including Chapter 6 (Securing of dangerous workplaces and areas) of Regulation No. 1356, point 3.4.3 “Protection in the event of overturning” and point 3.4.4 “Protection in the event of falling objects” of the Regulation No. 544 of 2009 concerning machinery. The Committee notes that it refers also to section 17-24 of Regulation No. 1357, which provides for the requirement of a series of arrangements to ensure the safety of employees in connection with the use of rope and requires that the work shall be carefully supervised so that employees can get immediate assistance in an emergency. The Committee notes that these provisions meet the requirements of Article 22 (2). Furthermore, the Committee notes that only section 17-24 of Regulation No. 1357 provides for works to be carried out under the supervision of a competent person while the other provisions referred to by the Government do not provide for a similar requirement. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 24. Demolition. Supervision by a competent person. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that, when the demolition of any building or structure might present danger to workers or to the public, the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention. In the absence of information on this point, the Committee once again requests the Government to provide information on the measures taken to ensure that, when the demolition of any building or structure might present danger to workers or to the public, the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention.

Article 35. Implementation and application of the Convention in practice. The Committee refers to its comment above on the application in practice of OSH Conventions and to its comments under Conventions Nos 155 and 187.

3. Safety and Health in Mines Convention, 1995 (No. 176)

Application in practice. In its previous comments, the Committee noted that the Government had experienced difficulties in finding statistical information on the total number of workers covered by the Convention and requested the Government to indicate the measures taken or envisaged to ensure that such information becomes available. The Committee notes with interest that the Government provides detailed data on the number of employed persons in the sector of mining and quarrying for the period 2015–19. In this respect, the Committee notes that there were 58,755 persons employed in the sector at the 4th quarter of 2019. The Committee also notes the statistical data in the Government’s report on the number of orders, decisions of halt and coercive fines issued between 2016 and 2020. It notes that there were 17 orders in 2019 leading to 3 decisions of fines and 1 decision of halt and 27 orders in 2020, leading to 7 decisions of fines, none resulting in a decision of halt. The Government also provides detailed statistics on reported accidents at work for the mining and quarrying sector for the period 2015–19. The Committee notes that there were 419 accidents in 2015, 332 in 2016, 349 in 2017, 364 in 2018 and 348 in 2019. The Committee requests the Government to continue to submit information on available statistics.

Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee once again notes that the Government continues to supply statistics on the economically active population, employment and unemployment to the ILO Department of Statistics for dissemination through its website (ILOSTAT). The latest Labour Force Survey (LFS) figures provided relate to 2020. The Government reports that, in compliance with EU Parliament and Council Framework Regulation No. 2019/1700 and EU Commission Implementing Regulation No. 2019/2240, the LFS covers employment among persons 15–89 years of age and unemployment among persons 15–74 years of age. Moreover, underemployment is captured and measured according to EU standards. The Government indicates that it is planning the 2021 population and housing census. It adds that Norway has now developed a completely register-based Population and Housing Census statistical system, in which all census-related statistics are disseminated annually nationwide. In addition, the Committee acknowledges the information provided in the Government’s report with respect to the implementation of Resolution I of the 19th ICLS concerning "Statistics of work, employment and labour underutilization" (2013). The Committee requests that the Government continue to supply updated data and information on the methodology used in the application of these provisions, as well as information on the methodology and results of the planned 2021 population and housing census. It further requests that the Government continue to provide information on any developments in relation to the application of Resolution I of the 19th ICLS concerning "Statistics of work, employment and labour underutilization"(2013).

Articles 9, 10 and 11. Current statistics of average earnings and hours of work. Statistics of wage structure and distribution. Statistics of labour cost. The Committee notes that the following statistics were provided to the ILO Department of Statistics for dissemination: average weekly hours actually worked, derived from the LFS and disaggregated by economic activity and sex, and average monthly earnings of employees, by branch of economic activity and sex, derived from the Establishment Survey. For both series, the most recent figures refer to 2020. With respect to statistics of wage structure and distribution, the Committee understands that these statistics continue to be compiled following EU guidelines on the Structure of Earnings Survey. The latest data available is from 2018. In response to the Committee’s previous comments, the Government indicates that it continues to regularly report data on labour costs to the ILO Department of Statistics. The Committee notes that the latest data available in ILOSTAT is from 2020. The concepts, definitions and methodology used in the labour cost survey follow EU guidelines and are in accordance with the ILO framework. The Committee requests that the Government continue to supply updated information on the application of these provisions, including information relating to both data and methodology.

Article 14. Statistics of occupational injuries. The Government indicates in its report that the coverage of national statistics in this area remains unchanged. Statistics Norway also collects data every three years on occupational injuries and perceived health problems caused by work through the Survey on living conditions and working environment every three years. The Survey covers a representative sample of the working population aged 18–66 years old, who are Norwegian residents. These statistics are used by national authorities such as The Norwegian Labour Inspection Authority, as background for their inspections. Statistics Norway publishes these data as national statistics but does not report the data to Eurostat or other international bodies. The latest data available under ILOSTAT is from 2019. With respect to occupational diseases, Statistics Norway is collaborating with the Norwegian Labour and Welfare Administration, to assess the possibility of establishing official statistics that comply with EUROSTAT methodology. The Committee requests that the Government continue to supply statistics on occupational injuries and new source compilations, as and when they become available.

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 this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Organisation of Employers (IOE) and the Confederation of Norwegian Enterprise (NHO), jointly submitted in October 2020. It further notes the additional observations of the Confederation of Norwegian Enterprise (NHO) and the observations of the Norwegian Confederation of Trade Unions (LO), both communicated together with the Government's report. The Government is requested to provide its comments in this respect.

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to provide updated detailed information on the manner in which Regulation No. 112/2008, as amended, is applied in practice, and to communicate a summary of the evaluation concerning the Regulation. The Government refers once again to the evaluation of the Regulation carried out by the Office of the Auditor General of Norway and that the results of the evaluation were published in an official report in 2016. The 2016 report found that public authorities do not always have adequate procedures and systems in place to prevent social dumping in their procurement processes. In this context, the 2016 report noted a clear correlation between the development of such procedures and systems and compliance with the Regulation. The Government reiterates that, while in some 86 per cent of procurements, public authorities include information indicating that the contract would contain a labour clause, compliance is generally higher among central authorities in comparison to smaller municipalities. The Government indicates that, according to the 2016 report, lack of understanding of the requirements of the Regulation seems to be an important reason for inadequate compliance, and there is potential for improving the information and guidance on how to apply the Regulation. The Committee notes that, following the advice of the Office of the Auditor General, the Government has taken a number of measures to ensure a work-life without social dumping in public procurement. The Committee further notes that, in September 2018, the Government developed and published a new online guide on the Regulation on Pay and Working Conditions in Public Contracts. The Government reports that the Ministry of Labour and Social Affairs has requested the Agency for Public Management and eGovernment (Difi) to take measures to develop the online guide further, as well as to familiarise the public authorities with its contents. The Committee notes with interest that a similar guide has also been developed with respect to the public procurement legislation with the objective of limiting the number of subcontractors in the contract chain in sectors that are particularly vulnerable to social dumping. In their observations, the NHO and the IOE express their support of the Ministry of Labour and Social Affairs' initiative in tasking Difi with developing the online guide further to assist the public authorities in giving effect to the Convention. Nonetheless, they point out that any measures taken to disseminate information about the Regulation must ensure transparency and distinguish between best practices and applicable mandatory law. The Committee notes the Government's indication that it plans to evaluate compliance with the Regulation once the guide on the Regulation on Pay and Working Conditions in Public Contracts has been accessible online for some time. In addition, in its allocation letters to all governmental agencies for 2018 and 2019, the Government has urged that public procurements be carried out in such a way as to combat work-related crime. With respect to the LO observation on including pension schemes as a part of the employees’ wage and working conditions, the NHO and the IOE concur with the Government's view that the Convention does not imply any obligations concerning occupational pension schemes. The Government indicates that it has appointed a committee of experts to examine several issues related to public procurement and public financing of welfare services. This committee will also look into questions related to pay and working conditions and pension schemes for employees employed by providers of welfare services. The Government reports that the Labour Inspection Authority's resources have been increased by 110 million Norwegian kroner from 2013 to 2019, including approximately 34 million kroner for combating work-related crime. The Government adds that several public authorities have developed their own models for public procurement that aim to promote decent work and fight work-related crime, social dumping and the exploitation of workers across supply chains. These models implement standard contract terms, including terms relating to labour rights that are stricter than those currently required by procurement regulations. The Committee notes that the Government has initiated the making of a guide for public authorities who want to use such stricter standards in their public contracts. In its observations, the Norwegian Confederation of Trade Unions (LO) indicates that the European Surveillance Authority (ESA) has sent a letter of formal notice to the Government concerning restrictions on subcontracting in the field of public procurement in Norway, in which it expresses the view that the relevant Norwegian public procurement law does not comply with EEA-law. ESA has also requested information concerning the municipal public procurement policies (models) used to combat work-related crime. The LO further observes that the Norwegian Government has rejected a proposal from the Labour Party to change the national public procurement law based on the new ruling of the EC-court (Case C 395/18- Tim SpA). The ruling stated that the requirement to ensure that providers comply with environmental, social and labour provisions in public procurement is a cardinal value equal to the other basic principles such as transparency, competition, predictability and non-discrimination. The Committee notes that the LO will continue to work to include the new ruling in national law. It also notes the observations of the IOE and the NHO, indicating that any measures taken to give effect to Convention No. 94 must be subject to an assessment of relevant EEA/EU Law on free movement and rules concerning public procurement. The Committee requests that the Government continue to provide information on the manner in which the Convention is applied, including, for instance, labour inspection reports, indicating the number of inspections of public administration contracts carried out, the number and type of violations detected and the sanctions imposed, if any. It further requests the Government to keep the Office informed of any developments in the relevant national legal and regulatory framework as well as with respect to evaluations of the Regulation on Pay and Working Conditions in Public Contracts.

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.

The Committee notes the observations of the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report, and the observations of the UNIO and the Norwegian Confederation of Trade Unions (LO), which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100). It also notes the further observations submitted by the Confederation of Norwegian Enterprise (NHO) and the International Organization of Employers (IOE) on 1 October 2020. The Committee requests the Government to provide its comments in this respect.

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.

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes 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: the Gender Equality Act, the Ethnicity Anti-Discrimination Act (ethnicity, religion and belief), the Anti-Discrimination and Accessibility Act (disability) and the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression). It also notes the amendments to the Working Environment Act (WEA, already amended in 2015), which entered into force on 1 January 2019, and the amendments to the EADA, as well as to the Act relating to the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal (Equality and Anti-Discrimination Ombud Act, EAOA), which entered into force on 1 January 2020. Section 6 of the EADA prohibits discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity (which includes national origin, descent, skin colour and language), religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these grounds. In addition to information on the development of the new legislation, the Committee, in its previous comments, had requested information on any guidance and educational materials designed to promote its implementation. It notes that the Government did not provide information on the latter in its report. Noting the concerns of UNIO and LO that the 2015 amendments to the WEA – which purported to help give employees and employers greater flexibility and opportunities to find local solutions to secure more working hours for part-time positions and more full-time employment – would impair gender equality and protection in the working environment, the Committee also asked the Government to provide specific information on the impact of these amendments on the participation of men and women in the labour market and their employment status and conditions of work. In this regard, the Government indicates that a four-year research project was set up to monitor the effects of the amendments to the WEA. According to the Government, its findings indicate that the share of temporary employment has remained stable with a slight increase for young workers (the group where it is the highest) in the last three to four years. The gender disparities are also stable over time, with women more likely to be in temporary employment than men. In this regard, the Committee notes the UNIO’s observations that persistent pressure on working time arrangements, in particular shift-work with long working hours and night work, are having health-related consequences that are not taken into account, especially in the health sector where female workers predominate. The Committee asks the Government to provide information on the measured impact of the new legislation and its implementation in practice. Please also provide information on any guidance and educational materials designed to promote its implementation.

Article 1(1)(a). Sex. The Committee notes the Government’s indication that the upholding of the prohibition of sexual harassment was exclusively reserved to the ordinary courts of justice until the Anti-Discrimination Tribunal was also given this mandate as of 1 January 2020. The Government provides information on the 11 cases registered by the Tribunal as of 3 July 2020. The Committee also notes that, in reply to its request to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in the area of employment and occupation, the Government indicates that the relevant measures have not yet been implemented but that they will be by 2020. The evaluation report should be available by March 2021. The Government started to work on a new action plan covering the next four years. The Committee asks the Government to continue to provide information on the cases of sexual harassment, in employment or occupation, brought before the Anti-Discrimination Tribunal and their outcomes. It also reiterates its request to the Government to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in so far as it involves action against discrimination and harassment in employment and occupation (including a copy of the evaluation report). Please also provide a copy of the new action plan.

Article 1(1)(a). Social origin, race and colour. In its previous comment, the Committee encouraged the Government to include explicit protection against discrimination related to “social origin” and “colour” in any new consolidating legislation for the purposes of clarity and conformity with Article 1(1)(a) of the Convention. It notes with interest that section 6 of the new EADA explicitly prohibits discrimination on the basis of “ethnicity” and specifies that it “includes national origin, descent, skin colour and language”. However, the legislation still does not explicitly provide for the prohibition of discrimination based on social origin. In this regard, the Committee notes the Government’s statement that the reference to the prohibition of discrimination on “other essential aspects of a person” (in section 1 of the EADA) also covers ‘social origin’ and its reiterated opinion that “social origin is mostly covered by the provision against discrimination on the basis of ethnicity, which also includes descent”. The Committee recalls, once again, that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future (see General Survey on the fundamental Conventions, 2012, paragraph 802). Thus, there may be instances where the concept of “social origin” extends beyond “descent” and “ethnicity”. The Committee notes the information provided on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal. In view of the above, the Committee asks the Government to continue providing information on any cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal specifically addressing discrimination related to social origin within the meaning of the Convention, including information on the number, nature and outcome of such cases. Please also provide information on any measures taken or envisaged to prohibit explicitly discrimination based on social origin.

Discrimination on the basis of political opinion. The Committee previously hoped that the Government would be in a position to report the concrete steps taken to ensure that all domestic workers were protected against discrimination on the ground of political opinion and to report any new measures adopted to this end. The Committee notes the Government’s indication that it is currently examining the necessary amendments to the legislation in order to be able to ratify the Domestic Workers Convention, 2011 (No. 189), and that protection against discrimination is part of the review. The Committee asks the Government to keep it informed of any progress made towards ensuring that all domestic workers are protected against discrimination on the ground of political opinion.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the steps taken to address gender discrimination related to pregnancy and the Ombud’s recommendations; (2) the significant measures taken to address the promotion of gender equality in employment and occupation, including entrepreneurship; (3) the specific measures taken to address the vertical and horizontal dimensions of labour market gender segregation and their impact, including statistical information; and (4) any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment, in particular based on the ground of pregnancy. The Committee notes: (1) the Government’s indication, on the one hand, that women only hold 25 per cent of the positions in the executive committees of the 200 largest companies in Norway, that 86 per cent of their CEOs are men, and that, in 2017, only 30 per cent of entrepreneurs were women, and, on the other hand, that the newly adopted EADA provides strong protection against discrimination for pregnant women and parents who use their rights to parental leave; (2) a number of initiatives put in place to achieve a less gender-divided education and labour market in the near future such as additional points given to the under-represented gender in university applications, and projects such as “Men in Healthcare” or “Girls and Technology”; and (3) the information provided in the report on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal established by the EAOA as well as by their predecessors. Regarding the statistical information provided by the Government, the Committee notes that, in 2019, women represented 70 per cent of employees in the public sector and only 36 per cent in the private sector. They represented 80 per cent of workers in human health and social work activities and only 9 per cent in construction. The Committee asks the Government to continue to provide information on the initiatives taken to promote gender equality in employment and occupation and to address the vertical and horizontal dimensions of labour market gender segregation. Please provide information, including labour market statistical information, on the progress achieved. The Committee also asks the Government to continue to provide information on any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment.

Equality irrespective of race, colour or national extraction. Previously, the Committee asked the Government to identify policies and other steps taken to improve education levels, access to skills development and employment opportunities for men and women of Roma, Tater/Romani and immigrant backgrounds, and to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of any such measures. The Committee notes the Government’s indication that Norway does not keep registers on the basis of ethnicity and therefore cannot measure levels of employment according to ethnic origin but that a white paper concerning national minorities will be presented to Parliament in 2020. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the United Nations Human Rights Committee (CCPR) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in which they indicated that they remained concerned that: (1) unemployment rates of persons belonging to ethnic minorities or with migrant backgrounds remain high (11.2 per cent) and the unemployment rate among immigrants is more than three times as high as the general population, with immigrants from Africa having the lowest employment rates; (2) there is a lack of clear guidelines on preventing discrimination in recruitment processes; and (3) there is a persistence of, and an insufficient focus on, the harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace. The CERD requested the Government to ensure that the new action plan against racism and discrimination on the grounds of ethnicity and religion or other related action plans or studies provide for the investigation of and address harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace (CERD/C/NOR/CO/23-24, 2 January 2019, paragraphs 17-18, CCPR/C/NOR/CO/7, 25 April 2018, paragraphs 8 and 9, and E/C.12/NOR/CO/6, 2 April 2020, paragraph 20). The Committee further notes the Government’s pledge to prioritize investment in education, qualification and skills in its ‘integration strategy’; to strengthen its efforts to prevent segregation and exclusion; and to amend the integration schemes in order to obtain better results. It notes that in July 2019, the Government introduced changes to provide increased opportunities for education and that it simplified the wage subsidy scheme. The Committee asks the Government to provide information on the measured impact and progress achieved in relation to: (i) the integration strategy; (ii) the white paper concerning national minorities; and (iii) the action plan against racism and discrimination on the grounds of ethnicity and religion. It reiterates its request to the Government to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of such measures.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government, in reply to its previous request, including the fact that the Advisory Committee on Labour Market and Pension Issues, a tripartite body, discusses regularly the topic of gender equality (with a subgroup on working life) with a view to promoting activities geared towards gender equality in business undertakings and knowledge-sharing.

Enforcement. The Committee previously asked the Government to report on the work undertaken to strengthen the enforcement system. The Committee notes the Government’s indication that this system was reorganized in 2018: the handling of complaints was transferred from the Ombud to the new Tribunal whose statements and decisions can be challenged in the court system. The Committee notes the Government’s indication that the Tribunal may award redress only in cases regarding employment but that, notwithstanding a conclusion that a violation has been committed, it will award redress (for non-monetary losses) only if the plaintiff has submitted a claim to that effect. In most cases, the claim for financial loss must be pursued before a court of law. The Committee also notes that: (1) the CERD, in its concluding observations, emphasized that, while there is an active reporting duty set out in the EADA requiring employers to take active measures to promote equality, there are no penalties for failure to do so, and asked the Government to ensure that the EADA includes penalties for lack of compliance (CERD/C/NOR/CO/23-24, paragraphs 17 (e) and 18 (e)); (2) UNIO, in its observations, regrets that the duty to account for measures taken to promote equality is weakened for gender equality in the new consolidated legislation; (3) LO does not consider that a gender neutral law represents a strengthening but welcomes the 2020 revision of the EADA and the EAOA (strengthening the employers’ obligation to promote equality and transferring the individual complaint mechanism in cases of sexual harassment from the courts to the Anti-Discrimination Tribunal); and (4) NHO and IOE underline the need for procedural rights with regard to the Anti-Discrimination Tribunal procedure, namely a fair assessment of evidence and secure basic principles. The Committee asks the Government to provide information on cases handled by the Anti-Discrimination Tribunal, other than those reported under the grounds above, including those who may have been challenged in court, and the outcome of such procedure. It also requests the Government to indicate the measures taken to enforce the duty of employers, under the EADA, to report on their active promotion of equality, and the results achieved.

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 this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations from the Norwegian Confederation of Trade Unions (LO) sent with the Government’s report.

Articles 1 and 2 of the Convention. Employment trends and measures to address the COVID-19 pandemic. The Committee notes that in reply to its previous request, the Government provides labour market data on the level and trends of employment, unemployment and underemployment from 2008 to 2019. The Government indicates that before the COVID-19 outbreak, the employment situation in Norway was characterized by a relatively high employment rate, in particular among women, low unemployment rate and low underemployment. The Committee notes that according to the statistics the total employment rate for workers aged 15–74, for 2019 was 67.8 per cent, compared to 67 per cent in 2018. While there was still a significant gender employment gap (70.5 per cent of men and 65.1 per cent of women are employed), this was smaller than that of other European countries. The employment rate of young workers (aged 15-24) was 50.4 per cent for men and 50.9 per cent for women in 2019. The Committee notes that the Government indicates that the COVID-19 crisis has had a major impact on the Norwegian economy and the labour market. The registered unemployment rate reached a historically high level in 2020 and the drop in employment has been considerable. The latest figures from the Labour Force Survey (LFS) show that employment has fallen by 1.5 percentage point from February to June 2020. The Committee requests the Government to continue to provide detailed statistics concerning the employment trends and their evolution, particularly taking into account the effects of the COVID-19 pandemic.

Labour market measures and COVID-19. The Committee notes the Government’s indication that in 2019 nearly 69,900 persons participated in active labour market measures on average per month. About 14,200 of them were unemployed and 52,700 were persons with disabilities. Youth, immigrants from non-EEA countries and long-term unemployed were given special priority for participation. The Government further indicates that a literature review on the impact of labour market measures in Norway carried out in 2019 concluded that labour market measures have a positive impact on employment. However, participation in the programmes reduce the participants time for job-search, causing longer unemployment spells. The impact of the measures differs both within measures and within groups of participants. National and international research shows that in general, labour market measures carried out in a regular work place yield better results than training measures in a sheltered environment. The figures for 2019 show that among those unemployed, 67 per cent found a job six months after the services ceased. For people with disabilities, 43 per cent were employed six months after the services ceased. The Government indicates that while these figures have been relatively stable for many years, they cannot be interpreted as the result of the assistance given by the Labour and Welfare Administration. The Government further adds that to compensate income losses due to the COVID-19 pandemic, a number of measures have been temporarily introduced in 2020. These measures include: (i) extensive changes to the unemployment benefits scheme, including lowering the eligibility criteria; (ii) increasing the level of compensation, and increasing the opportunities to take part in formal education whilst receiving unemployment benefits; (iii) additional amendments to the unemployment benefits scheme specific for temporarily laid-off workers (resulting in the state taking a larger part of the pay obligations and securing a higher level of compensation for the temporarily laid-off worker); (iv) new schemes to secure income to groups that normally are not covered by the existing unemployment benefit scheme (apprentices, self-employed and freelancers). Furthermore, the employers’ period for paying compensation for sick-leave as a result of the corona virus outbreak has been reduced. Self-employed and freelancers will get sick-leave compensation earlier. The quota for care allowance is increased and the employers’ compensation period for care allowances has been reduced. Furthermore, the maximum periods to access some allowances have been prolonged (for example, the temporary benefits work assessment allowance (AAP) and the Qualification Programme). The Government has introduced a temporary salary compensation scheme for employers that bring back to work those employees who had been laid off as a result of the situation. The Committee requests the Government to continue to provide information on the labour market measures taken to address and mitigate the negative impact of the COVID-19 pandemic. The Government is also requested to provide statistics on the impact of those measures on job retention and employment creation including for persons with disabilities.

Reform of the Labour and Welfare Administration (NAV). Concerning the merging of the Public Employment Services (PES), the National Social Insurance Administration (NSIA) and the municipal social cash benefit offices, the Government reports that there is a continuous ambition to improve the efficiency of the Labour and Welfare Administration, particularly to reallocate resources to benefit those most in need. Measures are currently being taken to improve the use of information and communication technology (ICT) with the digitalization and automation in the applications for and management of benefits. Furthermore, measures are taken to improve skills and competencies of staff. The Government adds that in the framework of a local government reform, the number of regional offices was reduced from 19 to 12 offices in 2019, and there are now 326 Nav-offices. The Government further reports that the rise in unemployment and the number of temporarily laid-off workers due to the COVID-19 outbreak has put the Labour and Welfare Administration under substantial pressure. From 1 January to 1 September 2020 the agency received 561 000 applications for unemployment benefits, which is five times as many as those received in the same period in 2019. The Committee requests the Government to continue to provide information on the activities carried out by the Labour and Welfare Administration (NAV) and their impact on the promotion of full, productive and freely chosen employment. The Government is requested to indicate the specific measures adopted by the NAV to address the challenges posed by the COVID-19 pandemic.

Particular categories of workers vulnerable to decent work deficits. The Committee requested the Government to provide detailed information, including statistical data, on the impact of the employment measures implemented under the Inclusive Work Life Agreement (IW agreement) and other measures targeting specific categories of workers vulnerable to decent work deficits, including women, young persons, older workers, persons with disabilities and migrant workers, as well as rural workers and those in the informal economy. It also requested the Government to provide information on measures taken or envisaged to foster gender parity in employment in all age groups and across all populations, particularly among members of disadvantaged groups. The Government indicates that the IW agreement, which exists since 2001, was re-negotiated in 2018. A revised 4-year agreement has been in force as of January 2019. The agreement aims for a 10 per cent reduction in sick leave and for a reduction in withdrawal from work life. The Committee notes in this regard that LO emphasizes that in the period from 2001 to 2018 there has been a reduction of 13 per cent in sick leaves, although the original target was 20 per cent, a target reached only by six industries. The Committee further notes the disaggregated statistical data provided by the Government on the employment situation of young persons, older workers, persons with disabilities and immigrants for the period 2008-2019. The Government further indicates that the labour market measures are universal and that access to the different programmes is based on an individual work ability assessment. In general, the measures are not targeted to specific disadvantaged groups, although youth, immigrants from non-EEA countries and long-term unemployed are given special priority for participation. The Government adds that according to the Labour force survey, the employment rate of persons with disabilities was of 40.6 per cent in the second quarter of 2020, which shows a significant drop for 2020. Besides, the reduction is more pronounced than that of the total population which shows that the gap in employment between the total population and persons with disabilities has increased. The Committee notes that in the report “Beijing+25, the situation of women and girls in Norway: development, progress and measures 2014-2019”, the Government provides information concerning the measures taken to promote women full-time employment and greater participation in the labour market which include, for example: the mapping by employers of the use of involuntary part-time employment; improving the organization of future working hours; and ensuring the preferential right of part-time employees (mainly women) to an extended position. The report also enumerates the measures adopted to address traditional gender segregation in the labour market and in education as well as measures taken to foster migrant women job opportunities. The Committee requests the Government to continue to provide detailed information, including statistical data, on the impact of the employment measures on specific categories of workers vulnerable to decent work deficits, including women, young persons, older workers, persons with disabilities and migrant workers as well as any measure aimed at fostering gender parity. The Government is requested to provide specific information on the particular situation and challenges faced by workers belonging to these groups in accessing and remaining in the labour market due to the COVID-19 pandemic and the measures adopted to address them.

Articles 3 and 7 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. In its previous comments, the Committee requested the Government to provide information on the measures taken in cooperation with the social partners to ensure that vocational rehabilitation measures are made available to all categories of persons with disabilities, as well as to describe the impact of the measures taken to promote employment opportunities for persons with disabilities on the open labour market. In this context, the Government refers to information contained in its report on the application of the Employment Policy Convention, 1964 (No. 122), according to which, in 2018, an average of over 70,100 persons per month participated in active labour market measures, of which 53,750 were persons with disabilities. The Government indicates that scientific evaluations of the different measures over the years concluded that they have a positive impact on employment. It adds that the labour market situation of persons receiving services or benefits from the Labour and Welfare Administration is monitored six months after services or benefits cease. The Committee notes that, according to the figures for 2018, six months after cessation of services or benefits, 66 per cent of unemployed persons had secured employment, compared to 42 per cent of persons with disabilities. The Government indicates that these figures have remained relatively stable for many years. The Committee notes that, in 2018, the overall employment rate of persons with disabilities between the ages of 15 and 66 was 43.9 per cent, compared to 74 per cent for the general population. The Committee notes that, in its initial report to the Committee on the Rights of Persons with Disabilities (CRPD/C/NOR/1, 7 December 2015, paragraphs 251–254 and 259–260), the Government refers to a number of measures taken to promote employment for persons with disabilities, including: the Jobs Strategy for Persons with Disabilities, adopted in 2012, which focuses on persons with disabilities under the age of 30; the Follow-up Plan for Work and Mental Health 2013-2016, which aims to assist persons with mental health disorders to complete an education and participate in working life; and the Inclusive Working Life Agreement (IW) 2014–2018, a tripartite agreement aimed, inter alia, at increasing the employment of persons with disabilities. With respect to vocational rehabilitation, the Committee notes the absence of information in the Government's report with regard to measures taken to ensure that vocational rehabilitation measures are made available to all persons with disabilities. The Committee requests that the Government provide detailed updated information including statistical data disaggregated by sex and age, regarding the nature and impact of active labour market measures taken to promote employment opportunities for persons with disabilities on the open labour market, including information with regard to the status and impact of the Job Strategy for Persons with Disabilities, the Follow-up Plan for Work and Mental Health and the Inclusive Working Life Agreement. In addition, the Committee reiterates its request that the Government provide information concerning the measures taken in consultation with the social partners and the representative organizations of and for persons with disabilities to ensure that vocational rehabilitation measures are made available to all categories of persons with disabilities.

COVID-19 pandemic. In light of the profound socio-economic impacts of the COVID-19 pandemic, the Government is invited to provide updated information on the impact of the crisis on the application of the Convention in relation to the employment of persons with disabilities.

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

The Committee notes the Government’s first report on the Protocol (P029) of 2014 to the Forced Labour Convention, 1930 (No. 29).

Articles 1(1), 2(1) and 25 of the Convention and Article 1(3) of the Protocol. Effective implementation of the legal framework and application of sanctions. The Committee notes the Government’s indication in its report that sections 257 and 258 of the Penal Code of 2005 (entered into force in 2015) criminalize trafficking in persons for the purpose of forced labour and sex exploitation and prescribe penalties of up to six years’ imprisonment for offences involving adult victims and up to ten years’ imprisonment for those involving child victims. Section 224 also provides that any person who by force, threats, misuse of another person’s vulnerability, or other improper conduct exploits another person for the purpose of forced labour, shall be liable to imprisonment for a term of five years.

The Committee also notes that since 2014, the Constitution in its article 93(3) has prohibited slavery and forced labour. The Committee further notes the Supreme Court decision annexed to the Government’s report of June 2017, in which the Supreme Court has considered international sources, in particular the definition of forced labour under Convention No. 29 as well as the 2014 Protocol. The Committee also observes that the case involved three seasonal workers recruited from India to work in garden centres who found themselves working in an exploitative environment amounting to forced labour. The Supreme Court indicated in its analysis that although the Indian seasonal workers entered into voluntary agreements regarding employment in Norway, they were exploited for forced labour. In this regard, the Supreme Court referred to a series of forced labour indicators, including: the poor working conditions, the isolation, and the lack of basic knowledge of the local language. Furthermore, the Supreme Court pointed out that several factors stopped these workers from breaking their employment relationship, such as the confiscation of their passports and the withholding of their return tickets by their employers. Added to that, there was the fear of losing their entire salary. The Supreme Court concluded that these coercive elements placed the workers in a vulnerable situation that they could not escape from. The employers in this case were sentenced to imprisonment. The Committee requests the Government to continue to provide information on the application in practice of sections 257 and 258 of the Penal Code criminalizing trafficking in persons, including the number of convictions and penalties applied.

Article 1(1) of the Convention and Articles 1(1) and (2) of the Protocol. Institutional framework. The Committee notes the adoption in 2016 of the Plan of Action against Human Trafficking. This Plan is divided into five chapters as follows: (i) strengthened and targeted action against trafficking in persons; (ii) coordinated and effective measures to protect and promote victims’ rights; (iii) improved police organization and efforts; (iv) increased knowledge on how to detect and prevent trafficking; and (v) and strengthened international cooperation against trafficking.

The Government also indicates that a Strategy to combat work-related crime was adopted in 2017. Work-related crime is complex and comprises many types of violations, including activities that breach laws concerning pay and working conditions, social security and taxation. According to the Government, the most serious crime related to working life is trafficking leading to forced labour. The predominant form of work-related crime in Norway is however undeclared work and breach of certain provisions of the Working Environment Act. The Committee further notes that an Inter-ministerial Working Group against Human Trafficking and a National Coordinating Unit for Victims of Trafficking (KOM) were established in 2011. The Committee requests the Government to provide information on: (i) the measures taken to implement the 2016 Plan of Action against Human Trafficking; (ii) the activities undertaken by the National Coordinating Unit for Victims of Trafficking to ensure that systematic and coordinated action is undertaken by the competent authorities to combat trafficking in persons; and (iii) the measures implemented by the KOM and the challenges faced in carrying out its activities. Furthermore, the Committee requests the Government to indicate the measures taken within the implementation of the Strategy to combat work-related crime to combat forced labour.

Article 2 of the Protocol. Measures to prevent forced labour. Migrant workers. The Committee notes the Government’s indication that a certain number of service centres for foreign workers have been established in five locations. At these centres, the Norwegian Labour Inspection Authority, the police, the Norwegian Tax Administration and the Norwegian Directorate of Immigration (UDI) cooperate on providing good guidance and quick application processing for foreign workers. The Committee also notes that under the Employment Services Act (section 26) it is prohibited to charge job seekers for placement services. The Government also indicates that the Norwegian Labour and Welfare Administration (NAV) has a range of services (free of charge) available that can be used to assist people searching for a job, including: (i) the provision of an overview of available jobs; and (ii) a database for jobseekers as well as information and guidance for persons needing help to come into contact with employers. According to the Government, forced labour is the most serious form of work-related crime, which often includes multi-criminal activities. Combating the different forms of work-related crime is a common challenge that spans sectorial and national borders. The cases are often complicated to investigate, since they may affect the areas of responsibility of various authorities and have international ramifications. To prevent criminal actors from gaining a foothold in large parts of working life, the Government states that a broad approach is required focusing on both preventing and combating work-related crime.

Furthermore, the Government has taken a series of measures to strengthen the Labour Inspection Authority, such as: (i) the signing of cooperation agreements with the labour inspection authorities in Lithuania, Estonia, Poland, Romania and Bulgaria; (ii) the provision of powers to issue orders and impose penalties when monitoring pursuant to the General application of Collective Agreement of 1993 (General Application Act); and (iii) the setting-up of a group of multilingual inspectors and interpreters and the production of brochures in several relevant local languages, explaining the rights and obligations for foreign workers and companies. According to the Government, in 2017, 3,400 enterprises were inspected by the joint operation groups. Sixty-one criminal networks were revealed and about 480 criminal players had their capacity reduced or were removed from the market.

Finally, the Committee notes that the Government has undertaken a series of measures in the field of public procurement of goods, services and building to prevent work-related crime, including: (i) the instructions that were given in 2018 to all public companies to implement and follow up on their procurements in a systematic way to prevent work-related crime; and (ii) the adoption of regulations relating to pay and working conditions in public sectors that require contracting authorities to provide employees of suppliers and any subcontractors specific pay and working conditions. The Committee requests the Government to continue to provide information on the measures taken by the NAV to prevent all forms of forced labour, in particular among migrant workers. It also requests the Government to provide statistical information on the number of violations detected by the labour inspection, including during the recruitment or placement process. Finally, the Committee requests the Government to indicate the measures to support due diligence by the private sector to prevent and respond to risks of forced labour.

Article 3 of the Protocol. Identification and assistance to victims. According to the Government, there is no single government agency or designated non-state actor with primary responsibility for the identification of victims of trafficking. In principle, all agencies, organizations or individuals who find themselves with grounds for concern that a person may be subject to human trafficking – including social workers, police officers, medical staff, labour inspectors, child welfare officials, staff of asylum reception centres, and NGOs – have the statutory duty to identify the person concerned as a possible victim and refer him/her to the relevant authorities and assistance programmes, while complying with the relevant privacy and confidentiality regulations. The Plan of Action against Trafficking 2016–19 refers to measures to give the KOM “an effective role in the identification and referral of victims”.

The Government also states that victims of trafficking are entitled to a range of assistance measures as provided for by domestic legislation, including: (i) a recovery and reflection period which gives the right to temporary residency and work permits for six months; (ii) legal assistance and free legal aid in advance of any criminal charges; and (iii) safety measures (following a risk assessment) provided by the police and a safe place to live. Moreover, the NAV provides short-term accommodation and financial support (social economic assistance) for victims of trafficking during the recovery and reflection period. The financial support is the same as that provided to Norwegian citizens according to the person’s needs, without a fixed sum. Furthermore, the Directorate of Labour and Welfare has established a practice in which a person granted a reflection period, after application will be granted membership in the National Insurance Scheme under provision § 2-7, para. 3(b) of the National Insurance Act. Membership is a basic condition for entitlement to most benefits under the National Insurance Act.

There are also other actors providing accommodation and assistance. One important new measure in the Action Plan against Trafficking is to provide support to a shelter established by the Salvation Army in Oslo in 2016. The shelter is staffed by up to six persons from a range of professional backgrounds. Clients of the shelter have an individual plan covering aspects of healthcare, social network and counselling. They are offered Norwegian and English language classes, and can work at the Salvation Army shop. The shelter has four beds specifically for male victims of trafficking for forced labour. The Committee requests the Government to continue to provide information on the measures taken to provide victims of forced labour with protection, recovery and rehabilitation. It also requests the Government to provide information on the measures taken to ensure that the protective measures should not be made conditional on the victims’ willingness to cooperate in criminal proceedings. The Committee also requests the Government to provide statistical information on the number of victims who have benefited from the above-mentioned services.

Article 4(1) and (2) of the Protocol. Access to remedies and the obligation not to treat victims of forced labour, as offenders. 1. Access to remedies. According to the Government, victims of trafficking can claim compensation in criminal cases or take civil action against the perpetrators. They can also benefit from state compensation pursuant to the Compensation for Victims of Violent Crimes Act (No. 13/2001). For state compensation to be granted, a criminal act must have taken place within Norway and be reported to the police, but compensation may be granted even if that the criminal case has been closed for lack of evidence. Compensation may be granted for loss of income, medical expenses, long-lasting physical injuries, as well as for non-economic damages (pain and suffering). Physical injuries are not required and psychological damage also counts as injury. State compensation is subsidiary to the other forms of compensation. The Compensation Authority pays the victim according to a court conviction and seeks recovery from the convicted person, or, when there is no court case, the Compensation Authority can award compensation based on their assessment of the case. Victims of trafficking who have been exploited in Norway can present a claim to the Criminal Injuries Compensation Authority also after having left Norway. Decisions by the Criminal Injuries Compensation Authority may be appealed to the Compensation Board for Victims of Violent Crime.

Since 2007, about 30 victims of trafficking have been awarded compensation by the Criminal Injuries Compensation Authority. The maximum compensation amount possible since the amount was updated in 2011 is 5,404,080 Norwegian Krone (NOK) (about €584,000). By way of example, five victims of trafficking were awarded compensation in 2014, ranging from NOK100,000 (around €11,000) to NOK707,022 (some €76,000). In all cases, the compensation was actually paid to the victims. The Committee requests the Government to continue to provide the following: (i) statistical information on the number of victims of trafficking who have claimed and obtained compensation while still present in the country (indicating if this compensation was granted in the framework of a penal or civil action); (ii) information on the number of victims of trafficking who presented a claim to the Criminal Injuries Compensation Authority after having left Norway as well as on the measures taken to encourage victims who have left the country to claim their rights and obtain compensation.

2. The obligation not to treat victims of forced labour, as offenders. Section 61 of the 2015 Penal Code gives courts the possibility not to impose a sentence when there are special reasons for not doing so, though the Penal Code does not mention trafficking cases in particular. There is no case law based on section 61 in relation to trafficking in persons cases. Further, section 69 of the Criminal Procedure Act of 1981 gives the prosecution service the possibility not to prosecute a person who is otherwise viewed by the prosecution service as having broken the law. The Director of Public Prosecutions issues annual guidelines for the prosecution authorities. As is the case for the guidelines of earlier years, the 2015 guidelines remind prosecutors of the possibility to waive prosecution against victims of trafficking, in line with the Penal Code. Typical examples of offences for which prosecution may be waived include illegal entry into Norway, use of forged documents and working without a work permit. The Committee requests the Government to indicate the manner in which section 61 of the Penal Code is applied in practice for cases of trafficking in persons. It also requests the Government to provide statistical information on the number of victims of trafficking in persons who have not been prosecuted for their involvement in unlawful activities, which they have been compelled to commit as a direct consequence of being subjected to forced labour.

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

Articles 1 to 5 of the Convention. Formulation and implementation of vocational education and training policies and programmes. Cooperation with the social partners. In reply to the Committee’s previous comments, the Government indicates that it has carried out a revision of the vocational education and training (VET) structure and programmes in close collaboration with the social partners. The Government adds that the objective of the revision is to improve the relevance of VET education in order to provide training and educational paths that meet the needs of the labour market. The Ministry of Education and Research approved the revised VET programmes and structure in March 2018. Moreover, in 2017, the Government decided that the social partners, through the national VET councils, would have decisional status in the revision of VET outcomes in relation to apprenticeships. The Government also provides information on measures introduced to improve the services provided by the Labour and Welfare Administration (NAV) offices. The Government reports that, among other measures, the partnership established between the State and municipalities was renewed in 2018, thereby ensuring the parties’ common responsibility for running the NAV offices and providing services to users. In addition, a new platform of guidance in the NAV was introduced to improve the quality of the guidance and follow-up provided by NAV counsellors. The Committee further notes that, in 2017, the Government extended the time limits within which persons were required to complete their upper secondary education, with a view to enabling persons unable to meet this time limit to continue their education. The Government indicates that, before the extension was made, a distinction was drawn between the rights of young persons and those over the age of 25. Young persons under 25 were required to complete their upper secondary education within five years, or wait until they reached the age of 25 to be able to continue and complete their studies. In this regard, the Government reports that, in 2017, its target of 75 per cent of successful completion of upper secondary education was reached, for pupils who began their studies in 2012. The Committee requests the Government to provide information on the impacts of the revision of the vocational education and training structure and of the programmes developed and delivered in collaboration with the social partners. It also requests the Government to continue to provide detailed up-to-date information on the implementation of vocational guidance and vocational training programmes and on their results. The Committee further requests the Government to continue to provide information on cooperation with, and engagement of, employers’ and workers’ organizations in the formulation and implementation of vocational guidance and vocational training policies and programmes, particularly those targeting groups of workers in vulnerable situations, such as young persons, ethnic minorities, migrants and persons with disabilities.

Article 1(5). Specific categories of persons. Women. The Committee notes that, in its concluding observations of 22 November 2017, while the Committee on the Elimination of Discrimination against Women Committee (CEDAW) welcomed the continuous efforts taken by the Government to eliminate discrimination against women in the educational sector, and the progress achieved to date, it nevertheless expressed concern regarding persistent gender segregation in the educational sector at all levels, including with respect to non-traditional educational and occupational choices and the low number of women in high-level academic posts (CEDAW/C/NOR/CO/9, paragraph 34). The Committee requests the Government to provide information on the specific measures taken to address gender segregation in the education sector at all levels, including vocational education and training and the promotion of non-traditional educational and occupational choices for women and girls as well as men and boys and to address the low proportion of women in high-level posts in the education sector. The Committee further requests the Government to provide detailed information on the impact of the measures taken.

Ethnic minorities. The Committee observes that, in its concluding observations of 2 January 2019, the Committee on the Elimination of Racial Discrimination (CERD) expressed concern regarding the situation of ethnic minorities and migrants in access to education, noting that: (i) 50 per cent of immigrant boys and 35 per cent of immigrant girls do not complete their upper secondary education within five years; (ii) immigrant children have lower performance in schools and ethnic minorities experience discrimination in schools; (iii) the completion rate for vocational schools is about 40 per cent for boys with an immigrant background who were born in Norway or immigrated to Norway; and (iv) while more girls belonging to ethnic minorities complete higher levels of secondary school than boys, fewer girls than expected secure employment commensurate with their education (CERD/C/NOR/CO/23-24, paragraph 19). The Committee recalls its 1996 General Survey on equality in employment and occupation (paragraph 71), in which it noted that if parts of the population are prevented from attaining the same level of education as others, this constitutes discrimination within the terms of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since these differences will be extended into employment opportunities. Similarly, discriminatory practices affecting access to training or the quality of training will be perpetuated or aggravated when the persons who have suffered such discrimination compete for places in the vocational training systems and, consequently, in employment and occupation. Indeed, the Committee notes the concerns expressed by the CERD Committee that unemployment rates of persons belonging to ethnic minorities or those with migrant backgrounds remains high at over 11 per cent, and that the unemployment rate among immigrants is more than three times as high as among the general population, with lower employment rates among immigrants from Africa (CERD/C/NOR/CO/23-24, paragraph 17). The Committee requests the Government to provide detailed information regarding the specific measures taken or envisaged with a view to encourage and enable all persons, including those belonging to ethnic minority groups or those with an immigrant background, particularly of African descent, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, in conditions of equality and without discrimination. In addition, the Committee requests the Government to provide information on the impact of such measures.

Young persons. The Government reports on the adoption of the New Youth Strategy (Ny-GIV) in 2017, which has the objective of further facilitating completion of education and increasing access to the labour market among young persons under the age of 30. The Strategy puts emphasis on early intervention and tailored follow-up services from NAV, particularly for young people who are not in employment, education or training. In 2015, the Ministry of Education launched the “0–24 cooperation” agreement between four directorates from different ministries to enhance collaboration among the directorates, the counties and municipalities in relation to the provision of services for children in vulnerable situations and young people under the age of 25. The Government adds that the agreement aims to reduce the drop-out rate in upper secondary education. The Committee notes the information provided by the Government on measures taken to provide information to young people on occupation, vocational training and related educational opportunities, through the development of a website (Utdanning.no), which contains educational and vocational guidance, as well as through the introduction in the primary school curricula of a course (Utdanningsvalg) presenting information on a range of different educational systems, professions and occupations. The Committee requests the Government to provide information on the impact of the measures adopted to promote enhanced access to education and training for young persons, including updated statistical data, disaggregated by sex, on the participation of young persons in the different education systems.

Persons with disabilities. The Committee notes the measures taken in the framework of the Job Strategy for Persons with Disabilities, including the allocation of additional resources to increase the number of NAV staff working with persons with disabilities in the NAV offices, and an initiative (“Inkluderingsdugnaden”) composed of the State, municipalities and private and public sector actors, which targets persons with disabilities as a priority group and is focused on assisting them in accessing the labour market. The Government also reports that it is in the process of developing an Equality Strategy for persons with disabilities, which focuses on ensuring equal rights and possibilities in the everyday life of persons with disabilities, including promoting equal opportunities to participate in education and work. The Committee requests the Government to provide detailed up-to-date information on the measures envisaged or taken to promote the access of persons with disabilities to vocational education and training, and on their impact. It further requests the Government to provide a copy of the Equality Strategy for persons with disabilities once it is adopted.

The Committee notes the Government’s first report.

Article 2(1) of the Convention. Scope of application. The Government indicates in its report that the Norwegian regulations encompass all women who are gainfully employed, including those employed in atypical forms of paid work. The Committee notes that in accordance with section 1-8 of Act of 2005 No. 62 on working environment, working hours and employment protection of 17 June 2005 (“Working Environment Act”), the definition of employee covers “anyone who performs work in the service of another”. In addition, section 1-5 of the Working Environment Act states that “the Ministry [of Labour and Social Affairs] may issue regulations concerning work performed at the home of an employee” and that it “may provide in regulations that the provisions of the Act shall wholly or partly apply to an employee who performs domestic work, care or nursing at the home of the employer”. The Committee requests the Government to state whether specific legislative or other measures have been taken or are contemplated in respect to maternity protection for women in any atypical form of dependent work (for example telework, temporary work, etc.), including work performed at the home of the employee or employer.

Article 3. Health protection. The Government indicates that under regulations adopted pursuant to the Working Environment Act, pregnant and breastfeeding women shall be reassigned to other work if exposures in the working environment may pose a risk of reproductive harm, and that should such reassignment be impossible, the employer must document this in writing. The Committee requests the Government to indicate whether in fact employers have documented the impossibility of re-assignment in specific situations, and if so to explain whether this is due to the size of the employer or to other specific circumstances.

Article 4(4). Compulsory post-natal maternity leave. In accordance with section 12-4 of the Working Environment Act, the duration of the post-natal maternity leave is the first six weeks after giving birth. However, the Committee notes that a woman can resume work earlier than prescribed leave in case a medical certificate states that it is better for the woman. Recalling that the reduction of the six weeks' compulsory leave after childbirth is only allowed by the Convention if there is an agreement to such effect between the Government and the representative organizations of employers and workers, the Committee requests the Government to explain whether the consultations with the social partners have been held on this point.

Article 9. Employment protection and non-discrimination. Section 6 of the Act relating to equality and a prohibition against discrimination of 16 June 2017 (Equality and Anti-Discrimination Act) prohibits, amongst others, discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, and care responsibilities. Section 10 of the Equality and Anti-Discrimination Act states that differential treatment on the basis of pregnancy, childbirth, breastfeeding or leave in connection with childbirth or adoption is not permitted with regard to recruitment and dismissal. The Committee, however, notes in its Direct Requests, 2017, on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156), by Norway that according to the survey on discrimination based on pregnancy and parental leave, conducted by the Equality and Anti-Discrimination Ombud in 2014, 55 per cent of women workers and 22 per cent of men workers reported having experienced discrimination associated with pregnancy and parental leave. The survey further notes that 36 per cent of women workers reported having experienced two or more cases of discrimination particularly related to having children. In view of this data, the Committee requests the Government to indicate what follow-up was given to the Ombud report and what measures are foreseen to ensure that maternity does not constitute a source of discrimination in employment, including such reparations and sanctions as may be deemed appropriate.

The Committee notes the observations of the Norwegian Confederation of Trade Unions and the Confederation of Unions for Professionals, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Norway on 18 January 2017 and 8 January 2019 respectively. It further notes that the Government’s report was received before the entry into force of both amendments. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. In its previous comments, the Committee requested the Government to provide clarification regarding the scope of application of the Act of 21 June 2013 No. 102 relating to employment protection etc. for employees on board ships (The Ship Labour Act). The Committee noted the detailed information provided by the Government as well as the adoption of Circular RSV 04/2013 to provide guidance to the Regulations of 19 August 2013 concerning the scope of application of the Ship Labour Act. The Circular provides clarification with respect to the categories of persons who are not to be considered as seafarers under the MLC, 2006. The Committee notes that Circular RSV 04/2013 contains an additional determination with respect to (a) workers that carry out work that is not part of the ship’s ordinary operations and (b) employees covered by the civil servant act to whom the Ship Labour Act only applies in part. With respect to workers that carry out work that is not part of the ship’s ordinary operations, the Committee notes that the Circular states that “Persons who are employed by other employers than the company, and who perform work which in its nature does not form part of the ship's ordinary operation, are not considered seafarers under the MLC, 2006. This is often the case on offshore vessels where such persons are the contractor's own employees.” The Circular contains a list of the categories of persons considered as “project personnel” (including catering personnel technicians, health personnel). The Committee considers that if these workers work more than short periods on board, what seems to be the case, they should be considered as seafarers and benefit from the protection of the Convention. The Committee further notes that the Norwegian Confederation of Trade Unions and the Confederation of Unions for Professionals raised concerns with respect to project personnel on ships in the offshore industry whose work contracts are not within the scope of the Ship Labour Act implementing the MLC, 2006, since the employer, and not the shipowner, has the liability for economic rights such as wages, entitlement to leave, etc., covered by the convention. They are also not subject to the certification process and therefore their work contract and working and living conditions are not inspected. The Committee requests the Government to re-examine the exclusion of the categories of persons defined as project personnel in light of Article II and the guidance provided by the International Labour Conference in order to ensure full compliance with the provisions of the Convention. Finally, the Committee notes the Government’s indication that, pursuant to the Regulations of 19 August 2013 concerning the scope of application of the Ship Labour Act, although the Ship Labour Act applies in part to employees working on board mobile offshore units, such units are not considered ships. Regulations of 26 June 2007 No. 706 on the scope of application of the Ship Safety and Security Act for mobile offshore units states in section 1 that Mobile offshore unit means a mobile platform, including drilling ship, equipped for drilling for subsea petroleum deposits, and a mobile platform for purposes other than drilling for subsea petroleum deposits. The Committee requests the Government to provide its comments in this respect.

Article VII. Consultations. In its previous comments, the Committee requested the Government to provide its comments in relation with the observations of the Norwegian Union of Marine Engineers that Norway as a flag State does not practice tripartite consultation. The Committee notes the Government’s indication that, throughout the process of defining the scope of application of the Ship labour Act, the social partners were consulted. Several meetings were held over several years with all social partners and Regulation of 19 August 2013 No. 990 concerning the scope of application of the Ship Labour Act was adopted after the required period of consultation with all stakeholders. The Committee takes notes of this information.

Article VI, paragraphs 3 and 4. Concept of substantial equivalence. The Committee notes that under section 51 (1) of the Regulations of 21 April 2017 No. 515 on accommodation, recreational facilities, food and catering on ships, “the Norwegian Maritime Authority may upon written application from the company permit other solutions than those required by these Regulations, if the company documents that such solutions are equivalent to the requirements of the Regulations”. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4 of the Convention. The Committee requests the Government to clarify how it ensures that the recourse to substantial equivalence measures is made in conformity with the requirements of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum Age. Noting that Regulation of 25 April 2001 No. 423 concerning work and placement of young people on Norwegian ships applies to young people of at least 14 years of age who are placed on ships engaged on domestic voyages under work/training schemes as part of schooling or occupational orientation in practical work, the Committee requested the Government to take the necessary measures to ensure that no person under the age of 16 years is employed or work on board in any function. The Committee notes the Government’s indication that Regulation of 25 April 2001 No. 423 was adopted prior to the MLC, 2006, and that it has provided good protection for young seafarers as well as providing them with opportunities for employment at sea under supervised conditions. The Government indicates that this Regulation may continue to serve its purpose until it is possible, with regard to available resources, to develop a new Regulation. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee therefore requests the Government once again to adopt the necessary measures to amend its legislation to ensure full compliance with this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting that section 8 of Regulation of 25 April 2001 No. 423 provides that the Norwegian Maritime Authority may grant exemptions from the provisions concerning the prohibition of hazardous work where this is necessary for the vocational training of a young person and the work is carried out under the supervision of the master, a person authorized by the master, or a safety representative, the Committee requested the Government to adopt the necessary measures to ensure compliance with Standard A1.1, paragraph 4. The Committee notes that the Government reiterates in this regard that the Regulation will continue to apply until it can be revised. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to indicate how it gives effect to Standard A1.1, paragraph 4, giving due consideration to Guideline B4.3.10. Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. The Committee requested the Government to provide information on the measures taken to give effect to Standard A1.4 paragraphs 2 and 5 to any private service that may be operating in its territory. The Committee notes the Government’s indication that the recruitment and placement services of seafarers in Norway is not a specifically maritime responsibility and is covered by general Norwegian law on the subject. The Government states that the legal responsibility of the shipowner is regulated by maritime law, and the submission of the necessary documentation before a Maritime Labour Certificate is issued attests to the conformity with Standard A1.4. The Committee notes however that the Government has not provided information on the functioning of the licensing system and the operational practices of the recruitment and placement services in Norway. The Committee requests the Government once again to indicate the specific provisions of the Norwegian legislation that implement the requirements of Standard A1.4, paragraphs 2 and 5, with respect to recruitment and placement services operating in its territory.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee requested the Government to provide information on the legislation implementing this Standard as well as Standard A2.1, paragraphs 1(e) and 3 with respect to the record of employment. The Committee notes that the provisions of the Ship Labour Act, the Regulations of 19 August 2013 No. 1000 on employment agreement and pay statement, etc. and Regulations of 25 November 1988 No. 940 on supervision of maritime service give effect to the different requirements of Standard A2.1. The Committee notes that sections 5 and 6 of the Regulations of 25 November 1988 No. 940 on supervision of maritime service provide that, upon application, a sea service book shall be issued for Norwegian nationals and a record of service shall be issued for persons other than Norwegian nationals. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 13 and 14. Hours of work and hours of rest. Noting that section 4 of Regulation No. 705 on hours of work and rest on board Norwegian passenger and cargo ships, etc. provides that regular working hours may be exceeded on passenger ships with watch systems, without however referring to collective agreements authorized or registered by the competent authority permitting exceptions to the established limits, the Committee requested the Government to provide information on the implementation of Standard A2.3, paragraph 13. The Committee notes the Government’s indication that, with regard to watchkeeping on ships, the hours of rest are determined in compliance with IMO and ILO standards and in particular Resolution A 1047(27) on the Principles of Safe Manning which ensures that when shipowners submit their requests for a Safe Manning Document, they must document how their planned level of manning is conducive to compliance with hours of rest. The Committee notes however that the Government does not indicate if any collective agreement has been authorized or registered permitting exceptions to the minimum hours of rest. The Committee therefore requests the Government to indicate if any exceptions to the minimum hours of rest for watchkeepers have been permitted by collective agreements authorized by the competent authority in accordance with Standard A2.3, paragraph 14. Noting that pursuant to section 6 of Regulation No. 705, the master of the ship is entitled to require a seafarer to perform any hours of work necessary not only for the immediate safety of the ship, persons on board or the cargo, or to render assistance to other ships or persons in distress at sea but also with a view to enforcing customs regulations, quarantine or other health-related issues, the Committee requested the Government to indicate how it ensures compliance with Standard A2.3, paragraph 14. The Committee notes the Government’s indication that the suspension of the schedule of the hours of work in situations justified by the enforcement of customs laws, as well as quarantine and other health related provisions tend to occur in ports or in the vicinity of ports. The Government also states that, in such situations, the safety of the population in the port and surrounding areas are of more immediate concern than the safety of the ship, providing of course that it has been safely moored. While noting this information, the Committee considers that the work related to enforcing customs regulations, quarantine or other health-related issues should be performed respecting the minimum hours of rest given that these situations go beyond the exceptions contemplated in the Convention. Recalling that the suspension of the schedule of the hours of rest is only allowed under Standard A2.3, paragraph 14, if necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, the Committee requests the Government to take the necessary measures to ensure full compliance with this requirement of the Convention. The Committee notes that the Confederation of Unions for Professionals raise concerns regarding the watch system with only one engineer aboard the ship which it considers contrary to Standard A2.3, paragraph 8. The Committee recalls that under this provision, when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. The Committee requests the Government to provide its comments in this respect.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. The Committee noted that while seafarers seems to be granted, in practice, the minimum of 2.5 calendar days for each month of service as the basis for the calculation of paid annual leave, this minimum entitlement is not implemented in national laws and regulations. The Committee requested the Government to provide information on the legislation giving effect to Standard A2.4, paragraphs 1 and 2. The Committee notes the Government’s indication that the entitlement to leave has been adequately provided for in both legislation and collective agreements and that further legislation is therefore not needed at this time. The Committee notes that under section 5 of the Holidays Act, No. 21 of 29 April 1988, employees are entitled to 25 working days’ annual leave. Section 2(2) provides that in respect of employees on ships, the King issues Regulations concerning more detailed rules required by the conditions of service at sea. The Committee further notes that section 2 of Regulation No. 1285 of 12 December 1989 concerning entitlement to leave for seafarers said – whose text in not available in English - provides that employees on ships in international shipping are entitled to a “main holiday including 18 working days”. The Committee observes that, based on the information available, it is not clear what is the duration of the paid annual leave for seafarers. As the said Regulation refers to “international shipping”, it is also not clear whether it applies to all seafarers covered under the Convention. The Committee accordingly requests the Government to clarify these points and to explain in detail how the relevant legislation gives application to Standard A2.4, paragraphs 1 and 2 of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. It notes that Regulations of 19 December 2017 No. 2293 on financial security related to the entitlements of abandoned employees on Norwegian ships was adopted to give effect to the requirements of Standard A2.5.2. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that section 51(2) of the Regulations of 21 April 2017 No. 515 on accommodation, recreational facilities, food and catering on ships provides that the Norwegian Maritime Authority may exempt a ship from one or more of the requirements of the Regulations when the company applies for an exemption in writing. The Committee notes that this provision does not limit the scope of exemptions. The Committee recalls that Standard A3.1, paragraph 21, of the Convention states that “any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarer’s health and safety”. The Committee requests the Government to indicate how it ensures that all exemptions to the application of the Regulation are made within the limitations provided for under Standard A3.1, paragraph 21.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board, including essential dental care. Noting that the existing laws and regulation did not include essential dental care as a part of health protection and medical care, the Committee requested the Government to indicate how it ensures compliance with this requirement of the Convention. The Committee notes the Government’s indication that Section 8-1 of the Ship Labour Act, paragraph 1 covers the issue of dental care, although not explicitly mentioned and that collective agreements incorporate the right to dental care. The Government further states that it is considering whether explicit regulation in subordinate legislation is needed. The Committee notes in this regard that the Norwegian Confederation of Trade Unions and the Confederation of Unions for Professionals in their observations underline the lack of provisions for dental care and the need to regulate this right. Recalling that under Standard A4.1 paragraph 1, each Member shall ensure that measures providing for health protection and medical care, including essential dental care, for seafarers working on board a ship that flies its flag are adopted, the Committee requests the Government to indicate the measures taken to give full effect to this provision of the Convention.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.4 and Standard A4.4. Access to shore-based welfare facilities. The Committee noted the observations of the Norwegian Union of Marine Engineers, the Norwegian Shipowners’ Organization, the Norwegian Maritime Officers’ Association and the Norwegian Seafarers’ Union indicating that Norway has poorly developed welfare services for seafarers and that the Norwegian Maritime Authority has stated that it is not willing to continue its active role with regard to seafarers’ welfare facilities. The Committee requested the Government to provide information on measures taken to promote the development of adequate welfare facilities as required under Regulation 4.4 and Standard A4.4. In the absence of specific information from the Government in this regard, the Committee reiterates its request.

Regulations 5.1 and the Code. Flag State responsibilities. The Committee requested the Government to provide detailed information on the Regulations to be adopted and the new system for inspection. The Committee notes with interest that Regulations of 22 December 2014 No. 1893 on supervision and certificates for Norwegian ships and mobile offshore units was adopted since the last report, aimed at giving effect to the provisions of the MLC, 2006. The Committee notes that the Norwegian Confederation of Trade Unions raise concerns regarding the inspection system for working conditions of workers on multi-purpose vessels. The Committee requests the Government to provide its comments in this respect.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. With respect to examples of DMLC Part II provided by the Government, the Committee noted that under certain items, they referred to other documents by name or numbers and did not contain an explanation with respect to the shipowner’s implementation of the national requirements. The Committee notes that the situation is the same in the three examples of DMLC Part II recently provided by the Government. The Committee recalls that the DMLC Part II shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. The Committee requests the Government, once again, to ensure that the DMLC Part II fully implements the requirements of Standard A5.1.3, paragraph 10.

Regulations 5.2, 5.2.1 and 5.2.2 and the Code. Port State responsibilities. The Committee requested the Government to provide detailed information on port State inspection activities and in relation to the implementation of Standard A5.2.2, paragraph 6. The Committee notes with interest that since its last report, the Government adopted Regulations of 24 November 2014 No. 1458 on port State control which gives effect to the requirements of the MLC, 2006. The Committee notes however that the national provisions do not specify the procedure with respect to complaints which have not been resolved and recalls that in accordance with Standard A5.2.2, paragraph 6, a copy of the authorized officer’s report is to be transmitted to the Director-General (together with any flag State reply) and that the shipowners’ and seafarers’ organizations in the port must similarly be informed. The Committee requests the Government to indicate how it gives effect to this provision of the Convention.

The Committee notes the Government’s first report on the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1 to 6 of the Convention. Definitions, scope of application and implementation. The Committee notes the Government’s reference to Regulations of 19 August 2013 No. 990 and Circular RSV 04/2013 of 19 August 2013 on the scope of application of the Ship Labour Act, which contain provisions and guidance on the determination of the persons covered by them. The Committee requests the Government to provide information on the impact of the mentioned Regulations’ and Circular’s criteria on the definition of “fishers” and to indicate how it ensures that all fishers, within the meaning of the Convention, are covered by its legislation. The Committee further requests the Government to indicate whether fisheries observers are considered as fishers. The Committee requests the Government to provide information on the definition of “commercial fishing” in Norwegian legislation.

Article 9(1) and (2). Minimum age. Prohibition. The Committee notes the Government’s indication that young people under the age of 15 are not allowed to carry out work on board fishing vessels and that normally a young Norwegian person will be subject to compulsory schooling up to and including the year he or she turns 16. The Committee notes, however, that according to paragraph 1(b) of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships, applies to young people of at least 14 years of age who are placed on board ships engaged in domestic voyages, including fishing vessels, as part of schooling or practical vocational training. The Committee recalls that the minimum age for work on board a fishing vessel shall be 16 years and that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing, or for persons who perform light work during school holidays (Article 9(1) and (2)). The Committee accordingly requests the Government to take the necessary measures to bring its legislation into full conformity with Article 9(1) and (2).

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that section 8 of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships establish a list of types of work which young people shall not carry out. It also notes that the Regulations provide for the possibility for the Norwegian Maritime Authority to grant exemption from this prohibition where this is necessary for the vocational training of a young person and the work is carried out under the supervision of the master, a person authorized by the master, or a safety representative. The Committee notes, however, that the above-mentioned section does not make reference to the minimum age applying to such an exception. The Committee recalls that the minimum age for assignment to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years, and that, only as from the age of 16, these activities may be authorized by national laws or regulations, or by decision of the competent authority, after consultation, on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training (Article 9(4) and (5)). The Committee accordingly requests the Government to indicate the manner in which it ensures that no person under the age of 16 years is assigned to activities on board fishing vessels, which are likely to jeopardize the health, safety or morals of young persons.

Article 16. Fisher’s work agreement. The Committee notes that section 2 of the Regulations of 19 August 2013 No. 1000 on employment agreement and pay statement provides for the information that shall be included in the employment agreement of any employee working on board Norwegian ships and mobile offshore units. Noting the absence of some particulars contained in Annex II of the Convention, the Committee requests the Government to indicate how full effect is given to Article 16 of the Convention.

Article 22. Recruitment and placement of fishers. The Committee notes the Government’s indication that the requirements for licensing or certification of recruitment and placement services used on Norwegian ships are not regulated by law. It recalls that any private service providing recruitment and placement for fishers which operates in the territory of a Member shall do so in conformity with a standardized system of licensing or certification or other form of regulation. Each Member shall, by means of laws, regulations or other measures, determine the conditions under which any licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations; and specify the conditions under which private recruitment and placement services can operate (Article 22(2) and (3)(c)). The Committee, therefore, requests the Government to indicate the measures taken to give effect to these requirements of the Convention.

Article 24. Payment of fishers. The Committee notes that section 4-2(3) of the Ship Labour Act, 2013 provides that employees may require that all or part of their due amount shall be remitted by fixed monthly bank transfer to members of their household or others. However, the Committee notes that section 4-2 of the Ship Labour Act does not provide that the transmittal of payments to the fishers’ family shall be made at no cost as required by Article 24 of the Convention. The Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 25 to 28. Accommodation and food. The Committee notes that the Government refers to Regulations of 13 June 2000 No. 660 on the construction, operation, equipment and surveys of fishing vessels of 15 metres in length overall (LOA) and over, as amended. The Committee requests the Government to indicate which laws, regulations or other measures apply to fishing vessels of fewer than 15 metres in (LOA) flying its flag with respect to accommodation, food and potable water on board. The Committee recalls that Article 27(c) provides that each Member shall adopt measures requiring that the food and water shall be provided by the fishing vessel owner at no cost to the fisher. However, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisher’s work agreement so provides. Noting the absence of information in this regard, the Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 40, 42, 43 and 44. Compliance and enforcement. The Committee notes that section 43 of the Ship Safety and Security Act 2007 provides that Norwegian ships shall be subject to supervision, including supervision of working conditions and living environment for persons working on board. The Committee notes the amendments to Regulations of 22 December 2014, No. 1893, on supervision and certificates for Norwegian ships and mobile offshore, applicable to fishing vessels of 15 metres in (LOA) and upwards. The Committee recalls that each Member shall effectively exercise its jurisdiction and control over vessels that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention including, as appropriate, inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures, in accordance with national laws or regulations (Article 40). The Committee, therefore, requests the Government to indicate the measures that give effect to Article 40 of the Convention for fishing vessels of fewer than 15 metres in (LOA) that fly its flag.

The Committee notes that section 14(4) of the Regulations of 22 December 2014, No. 1893, provides that fishing vessels shall have a certificate for working and living conditions when the vessel has: (a) an overall length of 15 metres and upwards and is certified for Deep-sea fishing I or greater trade area; (b) a length (L) of 24 metres and upwards and is certified for Bank fishing I or greater trade area. The Committee notes the Government’s indication that it is the Norwegian Maritime Authority’s (NMA) assessment that two of the conditions stipulated by Article 41(1) of the Convention, namely condition one: “ ... remaining at sea for more than three days ...” and condition two: “... which normally navigate at a distance exceeding 200 nautical miles from the coastline of the flag State ...”, are not adequate, neither as material nor territorial scope of application, for the determination of when the requirement for the certificate for working and living conditions on fishing vessels should apply. In order to create a predictable system, the NMA has therefore laid down that the requirement for a certificate for working and living conditions is based on two conditions which are understandable, predictable and easy to administer and comply with, namely the length of a fishing vessel combined with the trade area for which the fishing vessel is certified. The NMA has thus set out that the requirement for a certificate for working and living conditions shall apply to fishing vessels of 15 metres in (LOA) and upwards certified for Deep-sea fishing I or greater trade area, and fishing vessels of 24 metres in length (L) and upwards certified for Bank fishing I or greater trade area. Recalling that Article 41 is not subject to flexible implementation, the Committee requests the Government to provide detailed explanations on the definitions of Bank fishing I and Deep-Sea fishing I, and to indicate how it ensures full compliance with this provision of the Convention.

The Committee notes that section 9-7(5) of the Ship Safety and Security Act 2007 provides that the person working on board may lodge a complaint to the supervisory authorities about the service on the ship and the employment in general, and that the Ministry may issue regulations on such complaints concerning a number of issues. It recalls that, in accordance with Article 43 of the Convention, a Member which receives a complaint or obtains evidence that a fishing vessel that flies its flag does not conform to the requirements of this Convention shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. Noting the absence of information in this regard, the Committee requests the Government to indicate whether any regulation on complaints to the supervisory authorities has been issued, as indicated in section 9-7(5) of the Ship Labour Act, 2013, as well as any other existing arrangements for investigating cases of non-compliance with the requirements of the Convention. The Committee notes that section 44 of the Ship Safety and Security Act 2007 provides that foreign ships may be subject to supervision, including supervision of working conditions and working environment for persons working on board, and that the Ministry may issue regulations containing further provisions relating to such supervision. The Committee recalls that, in accordance with Article 44 of the Convention, each Member shall apply this Convention in such a way as to ensure that the fishing vessels flying the flag of any State that has not ratified this Convention do not receive more favourable treatment than fishing vessels that fly the flag of any Member that has ratified it. Noting the absence of information in this regard, the Committee finally requests the Government to report on whether any regulation on supervision of foreign ships has been issued, as indicated in section 44 of the Ship Safety and Security Act 2007.

Comments adopted by the CEACR: Norway

Adopted by the CEACR in 2021

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

National system

National OSH Programme

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Occupational Cancer Convention, 1974 (No. 139)

3. Asbestos Convention, 1986 (No. 162)

4. Chemicals Convention, 1990 (No. 170)

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

2. Safety and Health in Construction Convention, 1988 (No. 167)

3. Safety and Health in Mines Convention, 1995 (No. 176)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C019 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C118 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Norway

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Adopted by the CEACR in 2021

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

National system

National OSH Programme

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Occupational Cancer Convention, 1974 (No. 139)

3. Asbestos Convention, 1986 (No. 162)

4. Chemicals Convention, 1990 (No. 170)

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

2. Safety and Health in Construction Convention, 1988 (No. 167)

3. Safety and Health in Mines Convention, 1995 (No. 176)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C019 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C118 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)