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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Norway (Ratification: 1949)

The Committee notes the information contained in the Government’s report and the comments made by the Norwegian Oil Workers’ Federation (OFS) in 1999.

Articles 3 and 10 of the Convention

In its previous comments, the Committee had recalled the need to bring the legislation into fuller conformity with the principles of freedom of association in relation to the right to strike and to limit any possibility of imposing legislative intervention to essential services in the strict sense of the term, that is to say, those the interruption of which would endanger the life, personal safety or health of whole or part of the population, or to public servants exercising authority in the name of the State. The Committee had noted the Government’s indication that the Labour Law Council was working on a proposal for a new labour disputes Act and expressed its hope that the Bill would be in full conformity with the principles of freedom of association.

In its latest report, the Government has indicated that, given that the Labour Law Council report met with heavy opposition, it has not found it appropriate to develop further the Council’s proposals. In 1999, the Government appointed a commission with representatives from all the major workers’ and employers’ organizations to review the system of collective bargaining and the settlement of industrial disputes. The workers’ organizations represent 89.5 per cent of the unionized workforce. Among the issues which the commission will look into is the Norwegian practice on ad hoc legislative intervention in labour conflicts. The commission will present a report on any proposals for changes to the system by the end of 2000.

Taking due note of this information, the Committee recalls the need to limit the possibility of imposing legislative intervention in respect of industrial action to essential services in the strict sense of the term or to public servants exercising authority in the name of the State. It requests the Government, in the meantime, to take the necessary measures to ensure that any ad hoc legislative intervention in labour conflicts will be limited to the abovementioned cases and asks the Government to keep it informed of any further developments in this regard and to provide a copy of the commission’s report as soon as it has been issued.