Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Norway (Ratification: 1953)

Articles 6 and 7 of the Convention. Averaging of hours of work – Overtime. The Committee recalls its previous comment that, as it currently reads, section 10 5(3) of the Working Environment Act (WEA), is not in line with Article 6 of the Convention, which allows the averaging of working time over a period longer than a week only in exceptional cases where the circumstances make the normal scheme of working time inapplicable, and also provides that the average hours of work do not exceed 48 hours per week and ten hours per day. While noting the Government’s explanation that such exemptions are mostly given for health workers, the Committee is bound to request the Government once more to consider the possible amendment of section 10-5(3) of the WEA in order to bring it into full conformity with the Convention on this point.

In addition, the Committee recalls that section 10-6 of the WEA permits overtime in broad terms going beyond the limited cases provided for in Article 7(2) of the Convention, and also permits the annual limit of 200 overtime hours to be exceeded if the worker so consents. Moreover, section 10-6(12) of the WEA permits overtime hours to be compensated wholly in the form of extra time off which is contrary to the express requirement of Article 7(4) of the Convention that requires the payment in all cases of an overtime premium of at least 25 per cent of the ordinary wage rate. Finally, section 10-6(9) of the WEA provides that the parties to an employment relationship may agree on a working time arrangement permitting up to 16 working hours per 24 hours. In this connection, the Committee notes that in its 2010 conclusions, the European Committee on Social Rights has found the situation in Norway not to be in conformity with the relevant provisions of the European Revised Social Charter on the ground that the legislation permits in certain cases working hours to go up to 16 hours. The Committee accordingly requests the Government to examine – in full consultation with the social partners – the most suitable course of action with a view to rendering the provisions of the WEA on overtime fully consistent with the letter and the spirit of the Convention.