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Domestic Workers Convention, 2011 (No. 189) - Norway (Ratification: 2021)

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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Articles 1 and 2 of the Convention. Definitions and scope of application. Exclusions. The Committee welcomes the information provided in the Government’s first report, noting the efforts made to align national legislation with the provisions of the Convention, including through a process of public consultation. The Committee notes the Government’s indication that persons who fall within the scope of the Convention are covered by either the Working Environment Act, 2005 (No. 62 of 2005) (“the WEA”), or by a separate regulation: Regulation No. 969 of 3 June 2022 on work in the employer’s home and household (“the Domestic Work Regulation”). Section 1-5 of the WEA enables the Ministry of Labour and Social Affairs (MLSA) to issue regulations relating to employees performing work in the employer’s home or household. The Government indicates that, following Norway’s ratification of the Convention, section 1-5 of the WEA was expanded to cover all types of work performed in the employer’s home. Moreover, in accordance with section 1-5, the MLSA issued the Domestic Work Regulations with a view to improving domestic workers’ rights in areas including: working time; paid leave; protection against discrimination, violence and threats; and access to the WEA Dispute Resolution Board. The Committee notes that section 1 of the Domestic Work Regulation provides that it applies to “employment relationships where the employee performs work in the employer’s private home or household”; however, it notes the Government’s indication that the terms “domestic worker” and “domestic work” are not defined in national legislation. The Committee notes that section 1 does could be interpreted to limit the application of the Regulation to cover only work performed in a home or household, leading to a narrower scope of application than that contemplated in Article 1(a) of the Convention, which defines “domestic work” as “work performed in or for a household or households”. In its 2022 General Survey on “Securing decent work for nursing personnel and domestic workers, key actors in the care economy” (hereinafter the “2022 General Survey”), the Committee observed that the Convention ensures a broad scope of application by taking into account that the services of domestic workers may be provided both inside and outside of the household on a full-time or occasional basis (taking children to school, chauffeuring, gardening or guarding the premises). In addition, the reference to “a household or households” takes into account the situation of the many domestic workers who work for multiple employers, or who are employed by temporary work agencies and outsourced to perform domestic work in numerous households (2022 General Survey, paras 556–557). The Committee recalls that to ensure effective protection of the rights of domestic workers, the relevant legislation should ensure clarity with respect to legal terminology, the definition of terms and the scope of the specific laws and regulations governing domestic work” (2022 General Survey, para. 555). 
The Committee notes that section 1 of the Regulation excludes from coverage “employment relationships where the employee’s stipulated and actual weekly working hours are three hours or less on average over a four-week period”. Moreover, the Committee notes that the Government does not indicate the manner in which domestic workers who perform work only occasionally or sporadically, but do so on an occupational basis, are covered under the Convention (Article 1(c)). In this context, the Committee recalls that Article 1(a) of the Convention defines “domestic workers” broadly, to encompass “any person engaged in domestic work within an employment relationship”. The Committee requests the Government to consider taking steps, in consultation with the representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers and domestic employers, to develop and incorporate definitions of domestic work and domestic worker in national legislation or collective agreements that are aligned with the Convention. In addition, it requests the Government to indicate the manner in which it ensures that persons who perform domestic work occasionally or sporadically but do so on an occupational basis are covered by the guarantees established in the Convention. Lastly, noting that section 1 of the Domestic Work Regulations (No. 969) of 3 June 2022 excludes employment relationships from coverage where the employee’s stipulated and actual weekly working hours are three hours or less on average over a four-week period, the Committee requests the Government to indicate how it is ensured that these workers enjoy protections at least equivalent to those provided under the Convention.
Article 3(2)(a) and (3) of the Convention. Freedom of association and collective bargaining. The Government reports that the principle of freedom of association is enshrined in article 101 of the Norwegian Constitution as a statutory principle which applies to all workers. It adds that Chapter 2 of the Labour Disputes Act of 2012 enshrines the principle of freedom of negotiation in the legislation for trade unions, employers and employer’s associations, noting that these provisions ensure the protection of the freedom of association and collective bargaining rights of all workers, including domestic workers. The Government does not, however, not provide information on the manner in which the freedom of association and collective bargaining rights of domestic workers are promoted and ensured in practice. The Committee recalls that the specific characteristics of domestic work, often involving triangular employment relationships, a high degree of dependence on the employer (especially in the case of migrant domestic workers) and the frequent isolation of domestic workers in their workplaces, are all factors that make it particularly difficult for domestic workers to form and join unions and collectively bargain. As a consequence, the protection and promotion of domestic workers’ exercise of their freedom of association and collective bargaining rights take on special importance in the domestic work sector. The Committee requests the Government to provide additional detailed information on the measures taken or envisaged to promote and ensure the effective exercise by domestic workers of their freedom of association and collective bargaining rights in practice. The Committee further requests the Government to provide information relating to any collective bargaining agreements concluded to protect and strengthen the labour rights of domestic workers. The Government is also requested to provide information concerning measures taken or envisaged to raise awareness of these rights among both domestic workers and their employers and to protect the right of domestic workers and domestic employers to form and join organizations, federations and confederations of their own choosing.
Article 3(2)(b). Forced labour. The Government reports that article 93 of the Norwegian Constitution prohibits forced labour. It adds that this constitutional article is based on article 4 of the European Convention on Human Rights (ECHR), which has been incorporated into national legislation through the Human Rights Act (No. 30), 1999. In its 2023 direct request concerning Norway’s implementation of the Forced Labour Convention, 1930 (No. 29), the Committee noted with interest the adoption of measures taken to prevent the exploitation of workers and victims of trafficking by strengthening labour inspection, including the adoption in 2022 of an Action Plan to Combat Social Dumping and Work-Related Crime, which provides for a number of measures to prevent the exploitation of migrant workers and refugees, such as informing migrant workers and refugees as well as businesses about employment rights and working conditions and ensuring proper housing conditions when accommodation is provided by employers. In this context, the Norwegian Labour Inspection Authority (NLA) has produced jointly with labour inspectorates in other countries information materials in Norwegian and other languages for migrant and posted workers in Norway. Nevertheless, the Government provides no information on specific measures taken to prevent and address forced or compulsory labour in the context of the domestic work sector. The Committee requests the Government to continue to provide information on measures taken or envisaged to prevent and eliminate all forms of forced or compulsory labour in relation to domestic workers, particularly female migrant domestic workers, in both law and practice.
Article 3(2)(d) Discrimination in employment and occupation. The Government indicates that the principle of non-discrimination is enshrined in article 98 of the Constitution of Norway. It adds that Norway has ratified a number of international and regional instruments prohibiting discrimination. The Committee notes that section 6 of the Equality and Anti-Discrimination Act, 2017 prohibits discrimination in employment on a number of grounds, including gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors. Chapter 13 of the WEA provides for protection against discrimination on additional grounds, such as political opinion and membership in an employee organization. Recalling its 2023 direct request regarding Norway’s application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which the Committee requested information on measures to ensure that domestic workers are protected against discrimination on the basis of political opinion, it notes with interest that section 8 of the Domestic Work Regulation has made the protections against discrimination set out in Chapter 13 of the WEA applicable to workers covered by the Regulation. Nevertheless, as also noted in its 2023 direct request regarding Norway’s implementation of Convention No. 111, the Committee recalls the concerns expressed by the UN Committee on the Elimination of All Forms of Discrimination Against Women “CEDAW”) that the labour market in Norway remained highly gendered, with women being overrepresented in certain lower-paying sectors. Moreover, the CEDAW Committee indicated that there seemed to be to no plan to address discriminatory stereotypes concerning women and girls belonging to certain racial, ethnic and religious groups, resulting in intersectional forms of discrimination and occupational segregation (CEDAW/C/NOR/CO/10, 28 February 2023, paras 24, 36, 40, and 41(b)). The Committee requests the Government to provide information on measures taken to ensure the protection of domestic workers from discrimination on the basis of sex, particularly migrant female domestic workers belonging to certain racial, ethnic or religious groups, who may be subject to intersectional forms of discrimination.
Article 5. Violence, abuse and harassment. The Government reports that section 6 of the Domestic Work Regulation sets out the domestic employer’s duties in safeguarding the safety, health and welfare of his or her employees. Pursuant to section 6(f), the employer must ensure that the employee is protected from violence and threats, whereas section 6(g) requires the employer to ensure that the employee is not subjected to harassment or other inappropriate conduct, and that his or her integrity and dignity are not violated. The Committee notes that section 4-3 of the WEA, relating to requirements concerning the psychosocial working environment, prohibits and defines both harassment and sexual harassment. The Domestic Work Regulation does not refer to sexual harassment, nor does the Government provide information on how Article 5 of the Convention is given full effect in practice in the domestic work sector. The Committee requests the Government to provide detailed updated information on the manner in which it is ensured that domestic workers enjoy effective protection in law and practice against all forms of physical, emotional and psychological abuse, harassment and violence, including moral and sexual harassment and bullying. Additionally, the Committee requests the Government to provide information on the manner in which effect is given to Article 5 in the specific context of domestic work, including statistical data on the number, type and outcome of complaints brought for abuse, harassment and violence in the domestic workplace.
Article 7: Information on terms and conditions of employment. The Committee notes that section 2 of the Domestic Work Regulation requires the establishment of a written employment contract which must be made available to the domestic worker at the start of the employment relationship. Pursuant to this provision, the contract must specify the parties to the agreement, the date of commencement and the duration of employment, where the work is to be performed, a description of the work tasks, the length of the daily and weekly working hours and holidays and the relevant holiday pay. The written contract must also stipulate the worker’s salary, overtime pay, remuneration for care services and other supplements not included in the salary, such as lodging, board, use of telephone and other items. The contract must also specify the applicable notice period in the event of termination of the contract. The Government does not, however, provide information on the measures taken to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner, as contemplated under Article 7.The Committee requests the Government to provide information on the measures taken to ensure that domestic workers are informed of their terms and conditions of employment – especially the particulars listed in this Article, including the provision of food and accommodation, the period of probation and the conditions of repatriation, if applicable – in an appropriate, verifiable and easily understandable manner, particularly in respect of migrant domestic workers mediated from abroad to work in Norway. The Government is also invited to consider the possibility of developing and making available a model contract of employment for domestic work, in consultation with the most representative organizations of employers and workers and, where they exist, in consultation with the most representative organizations representing domestic workers and domestic employers, as contemplated in Paragraph 6(3) and (4) of the Domestic Workers Recommendation, 2011 (No. 201).
Article 8(1), (3) and (4): Migrant Domestic Workers. Receipt of written job offer prior to crossing national borders. Cooperation. Repatriation. The Committee notes that, pursuant to section 2 of the Domestic Work Regulation, the domestic employer is required to establish a written employment contract which sets out the terms and conditions of employment. The Government indicates that, for employees recruited from outside the European Economic Area (EEA) zone, a written contract of employment must be in place prior to the employee’s arrival in Norway. The Government does not, however, indicate the manner in which it is ensured that migrant domestic workers from outside of the EEA zone receive a written job offer or contract of employment that is enforceable in Norway prior to crossing national borders to take up employment. With respect to the application of Article 8(3) of the Convention, the Government indicates that it has cooperation forums at Nordic, European and international levels with regard to matters of residence. The Government does not, however, provide information with respect to measures taken in cooperation with other Member States to ensure the application of the Convention to migrant domestic workers. Moreover, the Government does not indicate whether there are provisions in the national legislation or collective agreements that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contracts. The Committee requests the Government to indicate how it is ensured that migrant domestic workers recruited from countries outside of the EEA zone receive a written job offer or contract of employment prior to crossing national borders that is enforceable in Norway, as required under Article 8(1) of the Convention. It further requests the Government to provide concrete information regarding measures taken in cooperation with other member States to ensure the effective application of the Convention to migrant domestic workers. Lastly, the Committee requests the Government to indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract, where these exist.
Article 11: Minimum wage coverage. Establishment of remuneration without regard to sex. The Government indicates that there are no general rules for minimum wages in Norway; however, it notes that there are rules which allow for the determination of minimum wages in certain sectors. In this context, the Government refers to the General Application Act (No. 58) of 1993 on the general application of collective agreements (“the General Application Act”), which gives the Tariff Board the authority to accept claims for the general application of collective agreements, including fixed minimum wages. The Government adds that generalized collective agreements currently apply in the construction, cleaning and hotel accommodation sectors, indicating that, if a general collective agreement is generalized, it will also apply to domestic workers that fall within its scope. The Committee notes that the generalized collective agreement for the cleaning sector sets minimum hourly wages with respect to general cleaning work. With respect to equal remuneration, the Government reports that section 34 of the Equality and Discrimination Act applies to domestic workers. The provision mandates that men and women in the same undertaking receive equal pay for the same work or work of equal value. The Committee nevertheless recalls that domestic work remains one of the most poorly remunerated occupations globally, with female domestic workers globally earning significantly less than their male counterparts, with low remuneration rates being closely linked to the gender-based undervaluation of domestic work (2022 General Survey, paras 782–783). Additionally, in its 2024 direct request concerning Norway’s implementation of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that, at the end of 2022, women’s wages were 87.6 per cent of men’s wages, representing a 12.4 per cent wage gap, noting the Government’s indication that unequal pay for equal work represented a significant part of the equal pay gap. The Committee requests the Government to provide additional information, including statistical data disaggregated on the basis of sex, concerning the current rates of remuneration of domestic workers, as well as information on any measures taken or envisaged to establish minimum wage rates for domestic work, including through collective agreements.
Article 12. Modalities of payment. Payments in kind. The Government indicates that section 5 of the Domestic Work Regulation requires that the domestic worker’s salary be paid at least monthly, but that the Regulation does not regulate how the payment is to be made. The Government further indicates that section 2(2)(g) of the Regulation requires the time and the method of payment to be set out in the domestic employment contract. The Government further reports that neither the WEA nor the Domestic Work Regulation prohibit or regulate payments in kind. It adds that there are some general rules set out in Chapter 3 of the Contracts Act (No. 4) of 31 May 1918, particularly in section 36 of the Act, which could result in an agreement based on payments in kind being considered invalid and set aside, in whole or in part, in cases of abuse (section 36). It adds that an employment agreement which provides for an unreasonable portion of the salary to be paid in kind could be set aside in whole or in part. The Committee requests the Government to indicate the measures taken or envisaged to ensure that domestic workers are paid in cash by bank transfer, cheque or other lawful means of payment, with the worker’s prior consent, as contemplated in Article 12(1) of the Convention.Additionally, the Committee asks the Government to consider establishing that any payment of a limited proportion of the remuneration of domestic workers in the form of payments in kind cannot be less favourable than those generally applicable to other categories of workers, need to be agreed to by the worker, and for the personal use and benefit of the worker, and the monetary value of which is fair and reasonable. In this respect, the Committee invites the Government to consider establishing an overall limit on the proportion of the remuneration that may be paid in kind to the domestic worker, as contemplated in Paragraph 14(a) of the Domestic Work Recommendation, 2011 (No. 2011).
Article 13(1). Right to a Safe and Healthy Working Environment. The Committee notes the Government’s reference to section 6 of the Domestic Work Regulation, which requires that the domestic working environment be “fully satisfactory”, and which requires the domestic employer to ensure the employee’s safety health and welfare. The Government indicates that, following its ratification of the Convention, section 6 was expanded to align this provision with section 4-3(1) of the WEA. The Government does not, however, provide information on the manner in which Article 13 is given effect with due regard to the specific characteristics of domestic work. The Committee requests the Government to provide additional detailed information on the specific measures taken or envisaged, with due regard for the specific characteristics of domestic work, to ensure the occupational safety and health of domestic workers in both law and practice.
Article 15. Private employment agencies. The Government indicates that the Labour Markets Act (No. 76) of 10 December 2004 and the Employment Agency Regulation (No. 541) of 4 June 2008 establish requirements for businesses which hire out workers. It adds that these requirements apply to enterprises that hire workers to carry out work in private homes and directly to private households. It adds that, as of 1 January 2024, employment agencies must be approved by the NLA and meet certain statutory requirements. The Committee notes that section 4(1) of the Amendments to the Employment Agency Regulation (No. 733) of 25 May 2023, requires agencies to meet certain requirements for the protection of workers who use their services, including meeting safety requirements, having written employment contracts, having an occupational injury scheme which provides financial compensation to the worker, and procedures to ensure that the rules on equal treatment of pay and working conditions are met when the worker is hired out from a staffing agency. The Government does not, however, provide concrete information on measures taken to effectively protect domestic workers, including migrant domestic workers, recruited or placed by private employment agencies, against alleged abusive and fraudulent practices, as called for under Article 15 of the Convention. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to the provisions of Article 15, including: (i) on the measures taken to ensure that adequate machinery and procedures exist for the investigation of complaints; (ii) alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers (Article 15(1)(b)); (iii) the manner in which it ensures adequate protection for domestic workers recruited or placed in its territory by private employment agencies (Article 15(1)(c)); and (iv) the manner in which it ensures that private employment agencies do not charge fees to domestic workers who use their services, as contemplated in Article 15(e).
Article 16. Effective access to justice. Part V of the Report Form. The Government indicates that, pursuant to section 24(1) of the Domestic Work Regulation, domestic workers are entitled to bring complaints before the courts in accordance with the provisions in the Norwegian Disputes Act and the Courts of Justice Act. The Government adds that the text of section 24(1) of the Regulation is aligned with the corresponding provision in section 17-1 of the WEA. It expresses the view that the general procedural rules and the rules set out in Chapter 17 of the WEA ensure real access to the courts as required by the Convention. The Committee requests the Government to provide updated information on decisions rendered during the reporting period by courts of law, tribunals, or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention.
Article 17(1) and (2). Effective and accessible complaint mechanisms. Labour inspection. The Committee notes the Government’s indication that section 25 of the Domestic Work Regulation vests the Norwegian Labour Inspection Authority (NLA) with the authority to supervise compliance with the provisions of the Domestic Work Regulation. The Government reports that that there are differences between the WEA and the Domestic Work Regulation in the way that labour inspections are conducted, given that the domestic workplace is also a private household. As a result, inspections pertaining to domestic work are carried out by post, in writing, or by meetings at NLA offices. No inspections are carried out at the employer’s home unless the employer agrees. The Government reports that the NLA has not yet carried out any inspections under the Domestic Work Regulation, noting that inspections conducted by the NLA are based on risk assessments and its efforts prioritize risk-exposed industries. The Government indicates that the criminal penalties provided for in Chapter 19 of the WEA also apply to violations of the Domestic Work Regulation. Section 19-1 provides for the imposition of fines, as well as for imprisonment for up to one year, or both, for wilful or negligent violations of the WEA or regulations issued pursuant to the WEA. Section 26 of the Domestic Work Regulation provides explicitly that violations of its provisions are subject to the penalties provided for under section 19 of the WEA, with specified exceptions to criminal liability. The Government indicates that these exceptions correspond to the provisions on criminal liability in Chapter 19 of the WEA. In light of the Government’s indication that no inspections have yet been conducted under the Domestic Work Regulation, the Government is requested to provide information on the measures taken to establish effective and accessible complaint mechanisms and ensure compliance with national laws and regulations for the protection of domestic workers. The Committee further requests the Government to provide additional concrete information, including statistical data, on the manner. in which effect is given to Article 17 (2) of the Convention in practice, including statistical information on the number of inspections in the context of domestic work, the nature of violations detected, and the sanctions imposed.
Article 18: Implementation. Consultations with representative organizations. The Government indicates that it engaged in public consultations from September 2019 to January 2020 with the social partners and other relevant organizations in the process of expanding the scope of the WEA and developing the Domestic Workers Regulation. According to the Government, these consultations included the Confederation of Vocational Unions (YS) and the Confederation of Trade Unions (LO), as well as the Norwegian Bar Association, Legal Counselling for Women, the Directorate of Immigration and the Equality and Anti-Discrimination Ombud. It indicates, that none of the employers’ organizations had input in the consultations. The Committee requests the Government to continue to provide information on the nature and outcome of consultations held with the most representative organizations of employers and workers and with organizations of domestic workers and domestic employers, where these exist, in respect of the application of the Convention.
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