Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Norvège (Ratification: 1937)

Articles 2, 4 and 5 of the Convention. Weekly rest entitlement – Total and partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s explanations concerning employees in senior or particularly independent posts who are excluded from the weekly rest provisions of the Working Environment Act (WEA). The Government indicates that these employees, who represent approximately 11 per cent of all employees, can best assess the amount of work that is necessary to achieve the tasks they are performing and when this work needs to be done. The Government also indicates that this exception is explained by the need for more flexibility than that afforded by the working time arrangements set out in the WEA. The Government further states that a draft proposal to amend the law was brought to the attention of the social partners, who were divided in their approach to the draft, and that therefore, while the Ministry of Labour would continue to consider the question of working hour schemes for these excluded categories of workers, it was not yet planned to amend the legislation. The Committee wishes to recall that persons holding managerial positions may not be excluded from the scope of this Convention (contrary to what is expressly provided in Article 5 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). The Committee therefore requests the Government to continue considering appropriate measures which sufficiently protect the entitlement to weekly rest of managerial staff employed in industrial undertakings, while also taking into account the need for enhanced flexibility in the organization of their working time.

In addition, the Committee recalls that Article 5 of the Convention requires that compensatory rest should be granted, as far as possible, whenever workers are obliged to perform work on their weekly rest day (the same requirement but in unqualified terms is set out in Articles 7 and 8 of Convention No. 106). In this connection, the Committee notes the Government’s explanations regarding sections 10–12 of the WEA which allows for derogations from the 35-hour weekly rest rule, on condition that compensatory rest, or some other form of protection, is provided. The Government indicates that the decision to offer compensatory rest periods, or other appropriate protection, will depend on the specific reasons behind a particular derogation. The Committee recalls that the Convention seeks to ensure that workers who have to perform work on their weekly rest day are given, as soon as practicable, compensatory rest (irrespective of any monetary compensation). The Committee would therefore appreciate receiving additional information on the practical situations where, under the WEA, it may not be possible to grant compensatory rest and the alternative forms of protection envisaged in such cases.