Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Norway (Ratification: 1996)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the observations of the Confederation of Norwegian Business and Industry (NHO) concerning the impact of recent legislative developments on the application of the Convention. More concretely, the NHO expresses its opposition to the terms of the new clause on wages and working conditions that came into effect in March 2008 and which is now applicable to all tenders both of central and municipal authorities. According to the employers’ Confederation, there are overlapping – and even contradictory – rules in the area of wages and working conditions applicable to foreign workers, including the Immigration Act, the regulations on posted workers, and the Act relating to general application of wage agreements, and the new regulations on labour conditions in public contracts can only create additional uncertainty as to which requirements are really applicable. The NHO adds that as a result it will be very difficult to interpret and apply the new clause in practice. The Committee requests the Government to communicate any comments it may wish to make in response to the observations of the NHO.

The Committee is raising other points in a request addressed directly to the Government.