Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the detailed information supplied by the Government concerning the application of Articles 11 and 14 of the Convention.

Article 2(2) of the Convention. The Committee notes that under section 2(3) of Act No. 4 of 4 February 1977 relating to worker protection and working environment, as subsequently amended last by Act No. 38 of 26 May 2000, the King may decide whether the following activities shall be exempt, wholly or in part, from the scope of application of the Act: (i) any activities associated with exploration and exploitation of natural resources in the seabed or its substrata, Norwegian inland waters, Norwegian sea territory and that part of the continental shelf which is subject to Norwegian sovereignty; (ii) activities of a special nature of certain parts of the public administration; and (iii) civil aviation and other state aviation. The Committee requests the Government to specify whether any exemptions have been decided by the King in virtue of the above provision, and if so, to transmit a copy of the relevant text(s).

Article 8. The Committee notes that by virtue of section 55(3)(c) of the above-referenced Worker’s Protection Act, deductions from wages may be made when stipulated in advance by written agreement. The Committee is bound to observe, however, that under this Article of the Convention the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. The Committee has consistently taken the view that provisions of national legislation authorizing deductions from wages by virtue of individual agreement or consent do not offer the level of protection required by the Convention. It therefore asks the Government to consider the adoption of suitable measures to specify the types and limits of deductions permitted with the worker’s written consent.

Part V of the report form. The Committee would appreciate receiving up-to-date information on the practical application of the Convention, including for instance extracts of official reports, inspection results showing the number of infringements observed and penalties imposed and any other particulars bearing on the practical fulfilment of the conditions prescribed by the Convention. The Committee would also be grateful if the Government could supply in its next report detailed information on the application in law and practice of Articles 1 (definition of "wages"), 4 (partial payment of wages in kind), 5 (wage payment directly to the worker concerned), 6 (free disposal of wages), 7 (works stores), 9 (deductions representing indirect payment for obtaining or retaining employment), 10 (attachment and assignment of wages) and 15(d) (maintenance of payroll records) of the Convention.