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

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

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

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

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