Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Norvège (Ratification: 1955)

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The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO) which were submitted with the Government’s report.

Article 1 of the Convention. Information on national policies, laws and regulations. Application in practice. The Committee notes the Government’s indication, in its report, that: (1) a new Integration Act entered into force on 1 January 2021 which aims, inter alia, at supporting immigrants to integrate into Norwegian society and to become economically independent by acquiring a good level of proficiency in Norwegian, knowledge of Norwegian society, formal qualifications and a stable connection to work life; and (2) as of 1 March 2021, it implemented “Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets” which aims at facilitating the free movement of workers by providing information and employment support services to workers and employers. It also notes LO’s reference to amendments made to the Working Environment Act (WEA), entered into force on 1 April 2023, strengthening the conditions in which it is possible to have recourse to temporary agency work. According to LO, the measure is an attempt to protect migrant workers against discrimination in the labour market by securing jobs on par with Norwegian workers. The Committee also notes the Government’s indication that, since 2015, eight joint authorities’ centres have been created to combat work-related violations. Tax administration, the police, the labour and social welfare administration and the labour inspectorate’s priorities in these centres are to focus on the most severe challenges in the labour market. Given the vulnerable situation of migrant workers in Norway, the cooperation between these agencies focuses on ensuring decent work conditions. The Government also indicates, in its report under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that a white paper on integration policy will be presented to Parliament in the spring of 2024, which will, inter alia, evaluate the effects of the new Integration Act and present concrete measures to move forward. The Committee requests the Government to continue to provide information on any legislative and other developments with respect to migration for employment.

Articles 2 and 4. Information and assistance services to migrant workers. The Committee notes the Government’s indication that service centres for foreign workers (SUA) are established in five cities in Norway. They provide guidance and can also receive information about violations of labour conditions. The Norwegian Labour Inspection Authority, in cooperation with the labour inspectorates of Bulgaria, Estonia, Lithuania and Romania, has published an information campaign towards posted and migrant workers in Norway. The Government adds that, to implement Regulation (EU) 2016/589, the EURES Service in Norway is delivered by the Norwegian Labour and Welfare Administration (National coordination office) and includes information on living and working in the country, the labour situation, how to find and apply for jobs, relocation process to Norway, and recruitment and placement. Furthermore, the website “New in Norway” (nyinorge.no) which had been shut down in June 2022 for security reasons, has reopened in June 2023 in a more limited version and the Directorate of Integration and Diversity (IMDi) will add to it information specifically aimed at migrant workers in 2024. The Committee further notes that the Job Opportunity programme (Jobbsjansen) is aimed at immigrants between 18 and 55 years who require basic qualifications in order to join the labour market. In this regard, it notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), noting that the provisions of the Integration Act on the admission of adult immigrants to vocational and university studies were not targeted at candidates with lower educational background, who will often be predominantly women, recommended setting up structures to provide support to migrant women and girls to acquire the necessary qualifications to make them eligible for access to university and vocational studies, with a view to contributing to their autonomy (CEDAW/C/NOR/CO/10, 2 March 2023, paragraphs 38–39). The Committee also notes the 2022 report from the Organisation for Economic Co-operation and Development (OECD) which underlines that Norway has a diverse migrant population, with different integration needs. According to the report, in 2020, 68 per cent of immigrants were in employment. However, the difference in employment rates between European Union (EU) born and non-EU-born are higher in Norway than elsewhere, for both genders. Overall employment rates of EU-born are, at 76 per cent, well above the EU average of 70 per cent, but this is not the case for non-EU immigrants (62 vs. 65 per cent). The report also points to the highly decentralised integration system where coordination is a challenge (OECD (2022), Skills and Labour Market Integration of Immigrants and their Children in Norway, pages 7–8). The Committee asks the Government to continue to provide information on any measures taken to improve the access to adequate and free services of assistance for all migrant workers, in particular unskilled workers from countries outside the EU/EEA.

Article 6. Equality of treatment. Conditions of work, including remuneration. The Committee notes the Government’s indication that there is no general minimum wage for all sectors in Norway but that minimum wages have been introduced in certain sectors in general application of collective agreements. The main purpose is to ensure that foreign workers receive wages and working conditions similar to those of Norwegian employees and to prevent unfair competition in the labour market. The following sectors generally have collective agreements: agriculture and horticulture; commercial and household cleaning; construction; electricians; hotel, restaurant and catering; fish processing; road freight haulage; tour bus drivers; and shipyard and shipbuilding industry. In 2023, the Tariff Board adopted regulations to extend the provisions of collective agreements in all the above sectors to foreign workers (except if the worker is entitled to more favourable conditions according to an agreement or pursuant to the legislation that applies in the country of origin). The Committee also notes that the above-mentioned 2022 report from the OECD states that despite efforts made, there remain substantial wage differences between the native and foreign-born workers. Many immigrants have relatively low income and are more likely to face relative poverty (page 125). The Committee asks the Government to continue providing information on measures taken to ensure that migrant workers, including women, enjoy no less favourable treatment than nationals with respect to conditions of work, in particular remuneration.

Equality of treatment with respect to accommodation. In reply to its previous comment, the Committee notes the Government’s indication that the Norwegian Consumer Council found that 18 per cent of renters felt discriminated against in the private sector and that 27 per cent of those believed the discrimination was based on their ethnicity. The Government adds that an independent commission has recently been established to suggest improvements to the Tenancy Act and will deliver its recommendations in 2024. Research on the extent of the problem has also been commissioned by the Ministry of Local Government and Regional Development and should be published by the end of 2023. The Committee asks the Government to provide information on: (i) any measure taken or envisaged, as a follow-up to the work of the independent commission and the research or otherwise, to ensure that migrant workers are not discriminated against in the housing rental market; and (ii) any judicial decision concerning discrimination in housing based on nationality.