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Comments adopted by the CEACR: Iceland

Adopted by the CEACR in 2021

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

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 5 of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the inspection services and other Government services. The Committee notes the Government’s indication in its report that on 15 November 2019 the Administration of Occupational Safety and Health (AOSH) signed a cooperation agreement with the tax authorities, the Directorate of Labour and the Reykjavík Metropolitan Police to address undeclared work and social dumping. The Government also indicates that cooperation with the social partners on the matter is planned under a special agreement that is in the pipeline. The Committee requests the Government to provide information on the progress made in the implementation of the cooperation agreement between the AOSH and the public bodies to address undeclared work and social dumping.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status of labour inspectors. In its previous comments, the Committee noted the Government's statement that the level of wages of the AOSH, in comparison with other Government institutions, may influence the recruitment and retention of high-quality staff. The Committee notes the Government's indications in response to its previous request for information on the measures taken or envisaged to retain skilled and experienced staff that the AOSH has improved its human resources policy and has placed emphasis on improving the conditions of service of inspection staff. The Committee requests the Government to provide specific information on the measures taken to improve the status and conditions of service of labour inspectors. Furthermore, in order to ensure the stability of employment of labour inspectors, the Committee requests the Government to adopt the necessary measures to guarantee that the remuneration of labour inspectors is similar to that of other public officials with responsibilities of a similar category and complexity, and to provide details on these measures and illustrative figures in this respect, including comparative figures for categories of public officials identified as having similar responsibilities.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government on training provided to new labour inspectors at the AOSH. The Government indicates that the basic training programme takes place in the inspectors’ first and second year of service and covers topics such as occupational health and safety measures, inspection and inspection reports, chemical and biological hazards, indoor air quality, noise, vibration and lighting, and personal protective equipment. With regard to the training provided to new labour inspectors, the Government indicates that a new training programme was adopted in 2016, in which trainees are instructed on the role of the AOSH, its structure and activities, occupational safety and health aspects, legislation and procedural rules. The Government further indicates that inspection visits are made to enterprises where the new inspectors are guided and taught by specialists and experienced inspectors. Subsequent to the initial round of training sessions, the Government indicates that planning days, workshops, and meetings are held with some regularity and these include training on additional aspects of the job. The Committee notes, however, that the Government does not indicate whether the introductory training or the basic training held by the AOSH contain content relevant to inspections in agriculture. The Committee therefore requests the Government to take the necessary measures to ensure that labour inspectors in agriculture receive adequate training for the performance of their duties (such as on risks in livestock farming or the handling of chemicals and pesticides) and to provide information on the results obtained in this respect, including the number of labour inspectors trained, the subjects covered and the impact of the training.
Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and inspection visits. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective performance of inspections functions. The Committee notes the Government's indication that there are 13 labour inspectors in the country, mainly in the capital area, and that there is one vacant position that will be filled in autumn 2021. The Government also reports that there are 0.6 labour inspectors per 10,000 employees, and that it is aware of the need to increase the number of labour inspectors. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors, including in agriculture, is sufficient to secure the effective discharge of the duties of the inspectorate and that workplaces are inspected as often and as thoroughly as necessary. It also requests the Government to provide detailed information on the measures taken and the results achieved, including the number of labour inspectors and their distribution by region, as well as the number of inspections visits carried out.
Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Right of inspectors to enter freely and without previous notice and notification of the inspector’s presence when carrying out an inspection. Further to its previous comments, the Committee notes the Government's reference to the amendment of section 82, paragraph 1 of the Act on Working Environment, Health and Safety in Workplaces No. 46/1980 by Act No. 80/2015. The Committee notes that this amendment establishes that AOSH staff shall make inspection visits to enterprises to carry out their inspection functions, and that they shall be granted access to the enterprises’ workplaces for this purpose. This section further provides that, in their inspection visits, AOSH staff shall contact the employer or his representative and the parties involved in work safety in enterprises. The Committee notes, however, that while section 82 provides for the obligation to grant access to AOSH personnel to workplaces, it does not provide for their entrance without previous notice at any hour of the day or night. In addition, it notes that section 82 establishes the obligation of AOSH personnel to contact the employer or his/her representative during their inspection visits. In this respect, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicates that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. The Committee requests the Government to continue its efforts to ensure that inspectors can carry out unannounced visits in accordance with Article 12(1)(a) of the Convention, including through appropriate legislative change if necessary. It further requests the Government to ensure that, pursuant to current law or a modification thereof, inspectors notify the employer or his representative on the occasion of an inspection visit, unless they consider that such notification may be prejudicial to the performance of their duties, as required by Article 12(2) of the Convention. The Committee requests the Government to provide information on progress made in these respects.
Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes the information provided by the Government, in response to its previous request for statistical information on preventive action taken by labour inspectors, that coercive measures including the prohibition of work and the use of equipment were used in 132 cases in 2015. The Government indicates that this was twice as many cases as in 2014 and explains that the increase was mainly due to the adoption of stricter inspection methods in the construction industry and the monitoring of machinery and equipment. The Committee further notes that, according to the information provided by the Government, the sectors in which the most coercive measures were applied in 2015 include construction and building repairs with 68 measures, schools with 14 measures, fishing industry, freezing plants and processing factories with 12 measures, metallurgy, machinery production, shipbuilding and ship repairs with 6 measures and wood industries with 5 measures. The Committee requests the Government to continue to provide information on the preventive measures taken by labour inspectors per year with a view to remedying defects observed in plant, layout or working methods, including the number of orders issued with immediate executory force in the event of imminent danger to the health or safety of the workers and the sectors in which such orders were issued.
Article 14 of Convention No. 81 and Article 19 of Convention No.129. Recording and notification of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes that the Government indicates that section 79 of the Act on Working Environment, Health and Safety in Workplaces provides that the employer shall report to the AOSH: (i) without undue delay, all accidents in which a worker dies or becomes incapable to work for one day or more in addition to the day on which the accident occurred, (ii) within 24 hours an accident in which it is likely that a worker has incurred long-term or permanent damage to his health. This section also provides that a physician who finds out, or suspects, that a worker or a group of workers have an occupational disease, a work-related disease, or have been exposed to harmful influences as a result of their jobs, shall report this to the AOSH without undue delay. Taking due note of the indications provided by the Government, the Committee requests the Government to provide information on the number of industrial accidents and cases of occupational disease duly notified to the labour inspectorate per year and the causes related to these events.
Article 19 of Convention No. 81 and Article 25 of Convention No. 129. Periodical reports. With reference to its previous comments, the Committee notes the Government's indication that, according to the changes in the organisational chart for the AOSH that took effect on 1 January 2017, district and regions were abolished, which means that labour inspection is now fully centralised. The Committee takes note of this information, which addresses its previous request.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication and content of the annual report. The Committee notes that the 2020 AOSH annual report, published on the AOSH website, contains information on labour inspection service staff, inspections visits and industrial accidents. However, it notes that this report does not contain information on a number of subjects required under Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including laws and regulations relevant to the work of the inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of violations and penalties imposed and statistics of occupational diseases. The Committee requests the Government to take the measures necessary to ensure that annual reports on the activities of the labour inspection services contain information on each of the subjects set out in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with reference to statistics on violations and penalties imposed pursuant to Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129, and that the annual reports be transmitted to the ILO in accordance with Article 20(3) of Convention No. 81 and Article 26(3) of Convention No. 129.

Matters specifically relating to labour inspection in agriculture

Article 15 of Convention No. 129. Transport facilities and reimbursement of professional travel expenses. The Committee notes the information provided by the Government on the adoption of Government Advertisement No. 3/2015 on driving charges for government employees (applicable when government employees drive their own vehicles in the performance of their duties) and Government Advertisement No. 2/2016 on domestic travel allowances for government employees, following the repeal of Decree No. 1/2013 and Decree No. 3/2013. In this regard, it notes that Government Advertisement No. 3/2015 determines a travel fee in travel agreements between government employees and government agencies. It also notes that the Government Advertisement No. 2/2016 establishes per diem allowances for the payment of accommodation and subsistence for government employees on domestic travel on behalf of the State. It also notes that Rule No. 1/2009 on payment of travel expenses for travel on behalf of the Government includes the reimbursement of travel, food and accommodations expenses (sections 2 and 3). The Committee takes note of this information, which addresses its previous request.
Article 17 of Convention No. 129. Preventive control. With reference to its previous comments on the role of labour inspectors in the preventive control of protective chemical substances, rodent poisons and insecticides, the Committee notes that the Government indicates that prior to licensing and when renewed, pesticide storage facilities are inspected by the AOSH, and that machinery used to disperse the pesticides is inspected annually by the AOSH. The Committee requests the Government to provide information on the preventive measures taken by the labour inspection services to control protective chemical substances, rodent poisons and insecticides, including the number of inspections of pesticide storage facilities and of machinery used to disperse pesticides, and the results of such inspections.

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 5 of the Convention. Tripartite consultations required by the Convention. In its previous comments, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention. The Committee notes the attached reports and information provided by the Government on the number of tripartite consultations held by the Icelandic Tripartite ILO Committee (ITIC) from 1 June 2018 to 31 May 2021 on questions concerning the items on the agenda of the International Labour Conference and questions arising out of reports to the ILO. The Government indicates that the ITIC has taken part in the preparation of the reports delivered by the Minister of Social Affairs and Children to the Icelandic Parliament (Althing) on instruments adopted by the International Labour Conference. In this regard, the Committee notes with interest that the ratification of the Violence and Harassment Convention, 2019 (No. 190), has been endorsed and preparatory work for its ratification is under the purview of the Ministry of Social Affairs. It also notes that the ITIC is currently considering improving its working procedures with respect to the process of reviewing new ILO Conventions and Recommendations. The Committee notes that discussions regarding possible denunciation of the Unemployment Convention, 1919 (No. 2) and its impact on the Icelandic legal framework are ongoing within the ITIC. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on all of the matters covered by Article 5 of the Convention, particularly regarding any modifications made to the ITIC working procedures regarding the process of reviewing ILO Conventions and Recommendations.

Adopted by the CEACR in 2020

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

Articles 1 and 2 of the Convention. Gender pay gap. The Committee previously noted the adoption of the Plan of Action on Gender Equality regarding Wages (2012–16), the development of the Equal Pay Standard IST 85:2012 and a certification system on equal pay. It also noted that Act No. 10/2008 on equal status and equal rights of women and men was amended by Act No. 56/2017 to require a company or institution with an average of 25 or more employees to acquire certification on an annual basis to confirm that the equal pay system meets the requirements of the Equal Pay Standard IST 85:2012. The Committee asked the Government to provide information on the impact of such measures on addressing the causes of the gender pay gap. In its report, the Government states that, despite the constant increase in women’s participation in the labour market, a high degree of gender division between occupations remains as a result of horizontal and vertical occupational segregation. Moreover, a survey of the labour market by Statistics Iceland in the fourth quarter of 2017 showed gendered differences in working time patterns: the average number of full working hours per week was 38.9, with 34.7 hours for women and 42.5 for men; for those in full employment, the average was 44.3 hours, with 40.9 for women and 46.5 for men; for those in part-time work, the average was 23.1 hours, with 23.6 hours for women and 22 hours for men. More women than men are in part-time employment, as shown in 2017, when a third of women in the labour market were in part-time jobs, compared with 13.5 per cent of men. The Government also indicates that an Action Group on Equal Pay was appointed in December 2012 by the Government and workers’ and employers’ organizations to work on gender equality in wages, including the supervision of the adoption of the Equal Pay Standard IST 85:2012. In May 2015 and March 2018, the Action Group unveiled the findings of three studies. One was the first study of the gender pay gap covering the entire labour market from 2008 to 2016, and another was an extensive report on the standing of women and men in the labour market. The third was a study of the gender divide on the labour market by Statistics Iceland covering the period 2008-13. It drew on a large database (70,000 workers in each of the years) covering wages and various issues relating to the position of workers. By using the whole dataset, the estimates can be differentiated into explained and unexplained parts. The unexplained part of the pay difference was estimated to be 4.8 per cent for the years 2008-16, while the explained part was 7.4 per cent. According to the Government, if the whole period is broken into three-year periods, the unexplained part of the gender pay gap has decreased from 4.8 per cent in the years 2008-10 to 3.6 per cent in the years 2014–16.
With regard to the Equal Pay Systems Standard IST 85:2012, the Government indicates that it has been managed by specialists in the Ministry of Finance and Economic Affairs reporting to the Action Group on Equal Pay. At the beginning, some 11 government offices, seven private companies and two municipalities (Reykjavík and Hafnarfjörður) signed up for the pilot project. Those that have not yet finished implementation will still continue the work and hopefully receive certification next year. During the pilot project, there was much knowledge sharing on how best to implement the Standard and tackle common problems. A toolbox was developed to assist employers in the implementation of the Standard. This toolbox consists of checklists, an Excel spreadsheet model for job classification (in order to classify jobs in a gender-neutral way) and guidelines for implementation. A website has been set up to make these checklists easily accessible. Finally, a series of workshops and courses have been developed for those who are interested in the Standard or are in the process of implementing it. The certification requires companies with more than 25 employees to not only offer equal pay across the same job level, but also equal pay for work of the same value. The Equal Pay Standard, on which the certification requirements are based, does this by assessing a company’s pay policies, classification of jobs according to equal value and wage analysis based on job classification, as well as formalizing policies and processes related to pay decisions. The Centre for Gender Equality grants workplaces that have acquired certification based on audits performed by accredited auditors the right to use a special equal pay symbol. Where a workplace either has not acquired equal pay certification or has failed to renew it by the deadline, the social partners can report it to the Centre for Gender Equality, which can impose a formal demand to rectify the situation. Rectification measures can involve, for example, the provision of information and the release of materials or the drawing up of a scheduled plan of action on how the workplace intends to meet the requirements of the Equal Pay Standard. If the workplace fails to act on instructions of this type, the Centre for Gender Equality is authorized to impose per diem fines. The Government adds that a draft of a new national action plan for gender equality for the years 2019–23 has been prepared. It foresees the launch of a special campaign to promote and ensure wide implementation of the Equal Pay Management Standard and its certification among Icelandic businesses and institutions. This cooperation will involve sending instructions to all the relevant state institutions, municipalities and businesses to implement the standard and seek certification. The Committee encourages the Government to continue taking measures to develop various tools and systems to address and monitor the application of Act No. 10/2008 on Equal Status and Equal Rights of Women and Men, as well as the Plan of Action on Gender Equality regarding Wages (2012–16). The Committee asks the Government to provide information on the results achieved in terms of addressing the gender pay gap following the development of Equal Pay Standard IST 85:2012 and a certification system on equal pay.
Work of equal value and scope of comparison. The Committee previously noted that, while several amendments had been made to strengthen the Act on Equal Status and Equal Rights of Women and Men No. 10/2008 in regard to non-discrimination and equal pay, no changes had been made to the limitation of the comparison to the same employer of the scope of the statutory requirement for equal pay for women and men set out in sections 19 and 25. Noting that the report is silent on this point, the Committee once again recalls that, not only this Convention, but also European Directive 2006/54/EC provides that the principle of equal pay is not limited to situations in which men and women work for the same employer and it asks the Government to provide a plan for ensuring that the principle of the Convention is applied beyond the same employer, particularly in sectors and enterprises predominantly employing women.
Article 3. Objective job evaluation. The Committee notes that the Government’s report again fails to contain information on the use (or studies) of objective job evaluation to promote the application of the principle of the Convention. Recalling that some municipalities use job evaluation in wage determination and that the Plan of Action on Gender Equality regarding Wages (2012–16) encouraged studies on job evaluations, the Committee once again asks the Government to provide information on any studies carried out or exercises undertaken to assess the impact of job evaluation in reducing the gender pay gap. It also asks the Government to provide information on any plans or studies envisaged to consider how objective job evaluation methodology can be better used to reduce the existing gender pay gap.
Enforcement. The Government indicates that 20 cases were referred to the Gender Equality Complaints Committee between 2015 and 2018, but none concerned the application of the principle of equality of remuneration for men and women. The Committee asks the Government to provide information on any decisions or rulings relating to the issue of equal remuneration by the courts or the Gender Equality Complaints Committee pursuant to Act No. 10/2008.

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

Article 1 of the Convention. Prohibited grounds of discrimination. For a number of years, the Committee has been requesting the Government to take the necessary measures for the adoption of anti-discrimination legislation addressing all aspects of employment and occupation and covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the adoption in 2018 of two laws covering equal treatment and non-discrimination: (1) Act No. 85 on Equal Treatment irrespective of Racial and Ethnic Origin, which requires equal treatment of persons irrespective of their race and ethnic origin in all fields of society, with the exception of the labour market; and (2) Act No. 86 on Equal Treatment in the Labour Market. The Committee notes that section 1 of Act No. 86 provides for equal treatment of individuals on the labour market, irrespective of their race, ethnic origin, religion, life stance, disability, reduced working capacity, age, sexual orientation, gender identity, sexual characteristics or gender expression. The Act applies, inter alia, to: (a) access to jobs, self-employment or occupational sectors, including with regard to engagement and promotion; (b) access to educational and vocational counselling, vocational education and vocational training; (c) decisions in connection with wages, other terms of service and notice of termination; and (d) participation in workers’ and employers’ organizations, including the services that they provide for their members. The Committee welcomes the inclusion of a range of prohibited grounds of discrimination in Act No. 86, but observes that it does not cover all the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely the grounds of colour, political opinion, national extraction and social origin. The Committee requests the Government to take the necessary steps to amend Act No. 86 to ensure the inclusion of all the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention, and particularly colour, political opinion, national extraction, and social origin.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that it had requested the Government to provide a copy of Regulation No.1009/2015 on measures against ostracism, sexual harassment, gender-based sexual harassment and violence in the workplace and to report on the measures and plans that have been developed to implement it, and on their impact in preventing and punishing such types of discrimination. In the absence of information on this particular point, the Committee asks once again the Government to provide information on: (i) the measures taken within the framework of Regulation No.1009/2015 to address cases of sexual harassment in workplaces; and (ii) the number, nature and outcome of any cases or complaints of sexual harassment dealt with by the labour inspectors, the courts or any other judicial or administrative competent authority. Please provide a copy of Regulation No.1009/2015.
Articles 2 and 3. Equality of opportunity and treatment irrespective of race, national extraction and social origin. The Committee notes with interest the adoption in 2018 of Act No.86 on Equal Treatment on the Labour Market, which provides for equal treatment of individuals on the labour market, irrespective of their race, ethnic origin, religion, life stance, disability, reduced working capacity, age, sexual orientation, gender identity, sexual characteristics or gender expression (section 1) and that it shall apply as regards to the different stages of the employment cycle, as indicated in details in its observation. With regard to the discrimination based on race, national extraction and social origin, which are grounds of discrimination not formally prohibited by Act No. 86 of 2018, the Committee observes that in its concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed its concern about “the unemployment rate among persons belonging to ethnic minorities or with migrant backgrounds which remains high, at 7.4 per cent – which is more than twice as high as that among the general population” (CERD/C/ISL/CO/21-23, 18 September 2019, paragraph 19). The Committee asks the Government to provide information on the proactive measures taken to promote equal opportunity and treatment in access to education and employment for all men and women, irrespective of race, national extraction, and social origin and the impact of those measures on their inclusion in the education system and on the labour market.
General observation of 2018. Regarding the above issues and more generally, 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.
Article 2. National plan of action, occupational segregation and gender stereotyping. Previously, the Committee asked the Government to provide information on the measures taken to implement the Gender Equality Action Plan for 2016–2019 (GEAP). In this regard, the Committee notes the Parliamentary Resolution on a gender equality action programme for the period 2016–19 which set up a road map for gender equality in areas such as the media and the education. According to the Resolution, in collaboration with the Centre for Gender Equality and under the leadership of the Ministry of Welfare, the ministries’ gender equality officers are to draw up a comprehensive four-year schedule on the mainstreaming of gender-responsive and gender equality considerations in the policy-making and decision-taking of the ministries and government bodies. According to the Government, although, women’s employment rate is steadily increasing (80 per cent in 2018), 34 per cent of women still work in part-time jobs, compared to 12 per cent of men. Women are also poorly represented in senior company positions and on boards of directors with only 10 per cent of them holding CEO positions, 22 per cent as secretaries general and 26 per cent on boards of directors in the 100 largest companies in Iceland. The Government also indicates that such a situation is the result of gender-based social norms and gender stereotypes, which are deeply rooted in the society. The Government states that, studies showed that the adoption of the Act No.95 of 2000, as amended in 2017 on Maternity/Paternity and Parental Leave has improved the position of women in the labour market, as one of the main objectives of the Act is to enable both men and women to balance work and family life. With regard to the measures taken to implement Act No.95, the Committee refers to its detailed comments under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide updated information on the results achieved following the implementation of the Gender Equality Action Plan for 2016– 2019, as well as the Parliamentary Resolution on a gender equality action programme for the period 2016–2019, in terms of addressing gender segregation and stereotypes concerning women and men in the labour market.
Enforcement. The Government indicates that from 2016 to 2018, a number of judicial/administrative decisions on the application of the Equality Act No. 10/2008 were issued (two cases in the district court; three cases in the Supreme Court and 16 cases in the Equality Complaints Commission) but the Commission notes that the ground of discrimination invoked were not specified. The Committee asks the Government to continue to provide information on any case regarding employment discrimination based, as a minimum, on the grounds prohibited by the Convention detected by or reported to labour inspectors, or dealt with by the courts or administrative bodies, and on their outcomes.

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

COVID-19 pandemic. Response and recovery measures. The Committee notes the extensive response measures taken by the Government to mitigate the effects of the COVID-19 pandemic. The broad-based measures are intended primarily to prevent unemployment and temporary loss of personal income through a Government payment of up to 75 per cent of the salary of part-time workers to encourage businesses to keep employees and avoid job losses. The measures also provide for the possibility of postponing the payment of taxes for businesses experiencing temporary difficulties as well as the possibility of withdrawing a monthly sum from voluntary pension savings. The Committee further notes the conclusion on 5 March 2020 of a three-party agreement on action to counter COVID-19 between the Government, the SA Confederation of Icelandic Enterprise, and the Icelandic Confederation of Labour. The parties agreed to recommend that: enterprises continue paying wages to those employees who have been quarantined by the health authorities and that workers’ organizations will ensure that persons with membership in their sick leave funds who fall ill receive full payment from the fund if their sick leave entitlements through employment have been exhausted. In addition, the agreement contemplates the adoption of measures to introduce amendments to the Health Insurance Act in order to allow businesses paying the salaries of employees who have been quarantined to claim reimbursement of these costs from the Icelandic Health Insurance Fund up to a specified limit and under certain circumstances. In this context, the Committee recalls the comprehensive guidance provided by international labour standards and draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impacts of the global COVID-19 pandemic on the application of the Convention and the nature and outcomes of measures taken to mitigate these impacts.
Articles 1 and 2 of the Convention. Employment trends and active labour market measures. The Committee welcomes the Government’s report, prepared in consultation with the Icelandic Tripartite ILO Committee, which contains updated statistical information, indicating that the employment situation continued to improve during the reporting period. According to Statistics Iceland, the overall employment rate in 2018 was 81.6 per cent. The overall unemployment rate was 3.3 per cent in 2018, although it began to rise again in 2019. The Government indicates that one of its policy priorities is promoting a diversified economy that is prepared for the challenges and opportunities brought by the rapid evolution of technology. The Government envisages the establishment of a National Fund to manage the profits generated by the country’s natural resources, including energy resources that will be used to promote technological innovation and support the growth and development of start-up companies to create new, well-paid jobs in the future. Moreover, the Government indicates that the Directorate of Labour provides counselling services to jobseekers, vocational training and workshops. The Directorate also provides special grants to support women-led businesses and for the payment of educational fees. The Government indicates that one of the key objectives of the labour market measures implemented is to get long-term unemployed people into work. The main measures entail providing additional vocational and employment-related remedies for long-term unemployed persons in collaboration with the business sector and educational institutions based on needs analyses of the job market. The Government also refers to the launching in 2018 of a regional development policy for the period 2018-24, whose principal objectives include addressing the population decline in certain regions, resolving issues arising from over-dependence on a narrow range of occupational sectors, as well as meeting the challenges posed by technological changes. The Committee further notes the statistical information provided by the Government concerning the persons registered to participate in employment-related measures. The Government reports that between 2015 and 2018, approximately 83 per cent of those who participated in active labour market measures were no longer registered as unemployed three months after the completion of the programmes. The Committee requests the Government to continue to provide information, including statistics, disaggregated by age and sex, on the impact of the active labour market measures taken to promote employment through the implementation of a coordinated employment policy and programmes. It also requests the Government to continue to provide information on the nature and the impact of the employment measures taken or envisaged targeting the long-term unemployed as well as the other specific target groups identified by the Government.
Youth employment. The Government reports that it is placing priority on developing and extending services for young persons in vulnerable situations, reducing the number of young unemployed persons remaining on the unemployment register for longer than 6 months and the number of job-seekers aged 18-29 who remain on the register for more than 12 months. These efforts seek to prevent youth from dropping out of the labour market or other forms of activity and to improve their employability. The Directorate of Labour has adopted an interdisciplinary approach which promotes the relation between the social, employment and health services and the school system. It launched an experimental project for the period 2017 to 2020 to improve the situation of young persons aged 16 to 29 who have not completed any formal education after completion of compulsory schooling and who are considered at risk of becoming chronically inactive in the labour market. In addition, the “Job forum” (Atvinnutorg) project, launched at the end of 2017, provides individual counselling services to job-seekers, and benefitted a significant number of young persons. The Government reports that recent university graduates represent a high proportion of the unemployed (32 per cent among women and 20 per cent among men in the first half of 2019). The Directorate of Labour has adopted special measures to reduce unemployment among these young graduates, collaborating with institutions holding courses and workshops for the unemployed and promoting the creation of more employment opportunities for young graduates, in collaboration with enterprises and institutions. The Committee requests the Government to continue to provide detailed information on the nature and extent of measures taken or envisaged to tackle youth unemployment, especially among recent university graduates, as well as information, including statistical data disaggregated by age and sex, on the impact of the measures on young persons’ access to lasting employment.
Workers in vulnerable situations. In reply to its previous comments, the Committee notes the information provided by the Government concerning the measures adopted with a view to ensuring that persons with disabilities are not discriminated on the job market and to developing supportive remedies. In this regard, the Government recalls that the Directorate of Labour provides specialized counselling for jobseekers, assisting individuals and monitoring their progress in the workplace through the “Employment with Support” (AMS) project. The Government also refers to the implementation by the Directorate of Labour of a one-year project in 2016 through a grant from the Ministry of Social Affairs, aimed at expanding employment opportunities for persons with disabilities who were about to complete their formal education at school or at the University. The Government indicates that, in view of the positive results achieved by the project, the Directorate of Labour plans to further develop the project to enhance the understanding of the importance of ensuring equal opportunities for persons with disabilities in the labour market. The Committee notes, however, that the Government has not provided information on the specific measures adopted or envisaged to promote employment for persons with mental or psychiatric disabilities. The Committee requests the Government to continue to provide detailed updated information on the nature and impact of the measures adopted to promote the access to the labour market for persons with disabilities and other jobseekers with diminished working capacity, including information on measures to promote employment for persons with mental or intellectual disabilities.
Recruitment of foreign workers. The Committee notes the information provided by the Government concerning the expansion of employment support measures to address the high unemployment rates among foreign workers, which according to the Government have continued to increase in the period 2017-2019. The Government refers in particular to the expansion of language-interpreting services and language courses, and to an increase in the number of vocational training opportunities open to foreign jobseekers in order to enhance their employability and give them more opportunities to learn Icelandic. The Committee requests the Government to continue to provide updated detailed information on the nature and the impact of the measures taken to support the access of foreign workers to the Icelandic labour market and reduce unemployment among this particular category of workers.
Business development. In reply to its previous comments, the Committee notes the information provided by the Government regarding the impact of business development measures on employment creation and decent work. The Government indicates that, according to a survey conducted in 2017, 75 per cent of enterprises that received a grant between 2011 and 2016 under the Women’s Employment scheme were still in business. The Government adds that in 2019, 29 projects received grants under the scheme, totalling ISK40 million. Moreover, the Government indicates that the Credit Guarantee Fund ceased its operations in 2018. According to a survey carried out among its beneficiaries, loans and guarantees made by the Credit Guarantee Fund had played a crucial role in the running of the respondents’ enterprises, which increased their turnover volume and number of employees. The Government adds, however, that in view of the low response rate in the survey, it is difficult to base definite conclusions on these findings. The Committee notes, however, that the Government does not provide information on the status of the review of the regulatory framework of the business sector. The Committee requests the Government to continue to provide information, including disaggregated statistics on the impact of the measures taken with the aim of ensuring an enabling business environment conducive to job creation and decent work. The Committee reiterates its request that the Government provide information on the status of the review of the regulatory framework of the business sector in Iceland.

C156 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3. National policy. The Committee previously asked the Government to provide information on the progress made in the adoption of the draft parliamentary resolution on a family policy as well as its accompanying draft action plan. In its report, the Government indicates that due to the holding of early elections, the resolution and the action plan were not adopted. However, on 12 June 2019, the Parliament adopted parliamentary resolution No. 39/149 on an Action Plan on Protection of Children for the years 2019-2022. The Committee notes that this Action Plan aims at providing support to children who face physical and psychological violence and strengthening a number of institutions, such as the Child Welfare Agency and the Child Protection Committees. It observes that the Action Plan does not refer to measures enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. Referring to its General Observation on the Convention adopted in 2019, the Committee recalls that, “one of the essential components of the Convention lies in Article 3(1) that requires the adoption of a national policy on non-discrimination based on family responsibilities” […]. “This national policy which is wide in scope and applies to all sectors of economic activity and all categories of workers, should be implemented through the adoption of a combination of specific legislative, administrative, policy or practical measures adapted to national conditions concerning employment participation and security, conditions of work, social security, and the provision of community services”. The Committee asks the Government: (i) to indicate the manner in which the Action Plan on Protection of Children 2019-2022 has addressed the issue of balancing work and family responsibilities, in particular of the effective sharing of family responsibilities; (ii) to provide information on the implementation of specific plans and programmes aimed at enabling persons with family responsibilities to engage in employment, without discrimination, and the results achieved; and (iii) to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors or the courts as well as on the sanctions imposed and remedies provided.
Article 4. Parental leave. In its last comment, the Committee asked the Government to provide information on the measures taken to ensure that the parental leave system facilitates to the extent possible the taking of leave by male and female parents from work to care for their children. The Committee recalls that section 2 of Act No.95 of 2000 on Maternity/Paternity Leave and Parental Leave, as amended in 2017 has two main objectives: (1) firstly, to ensure that children get to spend time with both parents, and (2) secondly, to enable both men and women to balance work and family life. Section 24 also provides that each parent is entitled to four months parental leave to care for their child. Section 26 further provides that “An employee shall acquire the right to parental leave when she/he has been employed for six consecutive months by the same employer. [This shall apply irrespective of whether the employee was engaged on a permanent or a temporary basis.]”. The Committee further notes that parents who are active in the labour market are paid 80 per cent of their average salaries during the leave and the payments should come from a specific fund, financed through an insurance levy (European Commission Seminar Report of 2008 entitled “The Parental Leave System in Iceland”). The Government indicates that changes have been made to the maximum payment per month. In 2016, the maximum payment per month was increased from 370.000 ISK (US$2700) to 500.000 ISK (US$3600). In January 2018, the maximum payments were again increased from 500.000 ISK to 520.000 ISK. According to the Government, in March 2019 the Minister of Social Affairs and Children announced plans by Government to lengthen the allowed parental leave in two steps, resulting in a total of 12 months by the end of 2021: in 2020, the total number of months per child would be 10 months and increased to 12 months the following year; and in 2021, the division of months between parents would follow a rule allowing for five months non-transferrable leave for each parent and together parents are required to decide how the remaining two months should be shared. However, these plans have not been passed as changes in the legislation by the Parliament. According to the statistical information provided by the Government for the period 2015 to 2017, the average number of days used by fathers has slightly decreased from 88 days taken in 2015 to 85 in 2017, while the average days taken by women has slightly increased from 178 days in 2015 to 179 days in 2017. The Committee asks the Government to provide information on the measures taken to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities, so that women in particular are not restricted in their possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee also asks the Government to provide information on any measures taken with regard to other immediate family members who clearly need care and support, including persons living with disabilities, or the elderly. Finally, the Committee asks the Government to provide statistical information disaggregated by sex on the number of men and women who have requested and obtained leave to care for dependent children or other immediate family members. Please, provide updated information on the progress made to increase the number of months for parental leave.
Flexible working-time arrangements. The Committee notes the Government’s indication that little has been done concerning the implementation of the recommendations of the Task Force on gender equality on the integration of family and working life. However, according to the Government the recommendations made by the Task Force coincided with the objectives established in the Icelandic Gender Equality Act No.10/2008: in this regard, section 12 requires public organizations to mainstream gender perspectives in policy and decision-making; while section 21 requires employers “to take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities – amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Government also indicates that although the Directorate of Equality periodically reviews equality policies and programmes, statistics on the numbers of companies and organizations subject to such reviews are not yet available. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.
Social security. The Committee recalls that the Government had indicated that it was working on a draft resolution calling for the establishment of child insurance with payments based on household income, the aim of which is to simplify the benefit system and ensure that children in low-income families receive support. The Government states that no change was made to the child benefit system for the period under review. Currently child benefits are split equally between the (married or cohabiting) partners; full benefits are paid for the year of birth of a child, but none is paid for the year in which a child reaches 18 years of age; the amount of child benefits is calculated in the tax assessment at the end of June each year; and no assessment has been made on the effect changes to the child benefit system would have on workers with family responsibilities of low-income or single headed households. The Committee asks the Government to provide information on any change made to the child benefit system in the future and its impact on promoting the reconciliation of work and family responsibilities, in particular for low-income or single-headed households, thus enabling all in paid work to better meet their family responsibilities.
Article 5. Childcare and family services. The Committee notes the Government indication that no measures have been taken to provide more childcare facilities to assist working parents. In that regard, the Committee wishes to refer to its General Observation on the Convention adopted in 2019 where it expressed its concerns that the demand exceeds the provision of such services and facilities in all parts of the world, although the lack of quality, affordable care services has been identified by both men and women as one of the biggest challenges for women with family responsibilities who are in paid work, as well as the inflexibility of the hours of care of these services; and that, where funded childcare has been provided, labour participation rates of women have increased. In the view of the Committee, it is therefore essential that workers with family responsibilities have access to child and family care facilities meeting the needs of children of different ages, after school care, care for the disabled, and elderly care, that are affordable, accessible to their home and work, responsive to working hours, and provide quality care. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.
Article 6. Information and education. The Committee notes the Government’s indication that since 2016, the Federation of state and municipal employees (the largest federation of employees in the public sector in Iceland) and the Icelandic Confederation of Labour (ASÍ) have worked on promoting increased parental leave take up through an awareness raising campaign using the hashtag “#betrafaedingarorlof”. The campaign aimed at gathering reports from parents in order to be able to increase the quality of parental leave and its significance for a better work life balance. In 2018, the Directorate of Equality called for gender equality plans to be implemented in companies with more than 250 employees, as well as in kindergartens, primary and secondary schools; 366 educational institutions have been asked to report on their gender equality work. The Government indicates that the Directorate of Equality regularly informs public organizations and government institutions about their responsibilities in mainstreaming gender equality in public policy and decision-making The Committee asks the Government to continue to provide information on the measures taken to promote a broader public understanding of the need for a fairer sharing of family responsibilities between men and women; and (ii) to provide statistical information, disaggregated by sex, on the number of beneficiaries of flexible working time arrangements.
Article 8. Protection against dismissal. The Committee notes the Government’s indication that the Gender Equality Complaints Committee is in charge of examining cases and deliver rulings on whether provisions of the Gender Equality Act have been violated. In 2018, the Gender Equality Complaints Committee ruled in case No.1/2018 by applying section 21 of the Gender Equality Act which provides that “Employers shall take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities. Amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Committee asks the Government to continue to provide any relevant judicial or administrative rulings or decisions concerning protection of workers against abusive termination of employment.
Article 11. Cooperation with the social partners. As regard the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention, the Committee notes the Government’s indication that a collective bargaining agreement named “Quality of Life Agreement” was signed in 2019 between the labour movement and the employers. According to the Government, the agreement addresses among other things: the need to increase child benefits, especially for families with low wages (the equivalent of a pay rise of 15.000 ISK (US$108) for a single parent of two on the minimum wage). The collective agreement also allows for increased flexibility on working hours, which can lead to a shortening of mandatory presence at the workplace from 40 hours a week to 36 in some cases that shall take effect in January 2020. The Committee asks the Government to continue to provide information on the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention.
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