Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Noruega (Ratificación : 1949)

The Committee notes the information contained in the Government's report, as well as the comments made by the Independent Unions' Forum (UFF).

Articles 3 and 10 of the Convention. In its previous comments, the Committee had recalled the need to remove the possibility of imposing legislative intervention in the right to strike in different sectors of the economy other than essential services in the strict sense of the term and, in particular in the oil industry which in no way can be considered to be an essential service in the strict sense of the term. It noted the Government's indication that the Labour Law Council was working on a proposal for a new Labour Disputes Act. The Committee expressed its hope that the Bill to be proposed would be in full conformity with the principles of freedom of association and would remove any restrictions imposed on the right of workers' organizations to organize their activities and formulate their programmes for furthering and defending their interests, without interference from the public authorities, through the use of compulsory arbitration.

The Committee had further noted comments from the Federation of Oil Workers' Trade Union (OFS) indicating that the suggestions made by the Labour Law Council entitled "principles for a new Labour Disputes Act" were in contradiction with the principles of the Convention and requested the Government to reply to these comments and to provide information on any further developments in respect of the proposals made by the Labour Law Council.

The Committee now notes the comments of the UFF which was founded in 1995 as a reaction to the proposals being developed by the Labour Law Council and represents approximately 45,000 members. In particular, the UFF indicates the strong opposition of numerous independent unions to these proposals.

The Committee notes the Government's indication that an outline of proposed changes was circulated around the country so that all organizations concerned would have the opportunity to comment. According to the Government, the hearing showed heavy opposition to the proposals from the Council. The Government adds that it is still too early to indicate the outcome of the proposal from the Labour Law Council and therefore too early to comment on any eventual incompatibility with the Convention.

Taking due note of the Government's indication that, in the current context, it is not possible to envisage how the Labour Law Council proposals might be further developed, the Committee requests the Government to continue to keep it informed of any further developments in this regard. While acknowledging that, for a number of years, the Government has not proposed any legislative intervention in the exercise of industrial action, the Committee must however continue to recall the need to bring its 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 the whole or part of the population, or to public servants exercising authority in the name of the State. It requests the Government to indicate in its next report any measures envisaged in this respect.