Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Norvège (Ratification: 1949)

The Committee notes the comments submitted by the Confederation of Norwegian Enterprise dated 3 September 2010.

Articles 3 and 10 of the Convention. In its previous observation, the Committee had recalled that, over the years, it had referred to the need to limit the possibility of imposing compulsory arbitration to the essential services in the strict sense of the term or to public servants exercising authority in the name of the State. The Committee had noted that the Government indicated in its report that governmental intervention in strikes can only take place if the Norwegian Parliament (Stortinget) adopts a law and that this does not happen with regard to any collective labour dispute at the discretion of the public authorities, but rather after a careful evaluation of the impact of a strike on the life, health or personal safety of the population. The Committee had therefore requested the Government to provide information on any decisions by the Parliament imposing compulsory arbitration.

The Committee notes that the Government indicates in its report that compulsory arbitration has been imposed in two conflicts during the period under review: the first intervention was made by Parliament Act No. 111 of 4 December 2009 to end a strike in the health sector concerning air ambulance pilots and the second intervention was made by Parliament Act No. 6 of 26 March 2010 to end a strike related to the establishment of a collective agreement in enterprises within health care, mainly nursing homes; and that both Acts were adopted after mediation procedures were conducted, without any result, and after the health surveillance authorities considered that the announced strikes would endanger the life and health of the population.