Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Norvège (Ratification: 1959)

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

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

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