Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Maternity Protection Convention, 2000 (No. 183) - Norway (Ratification: 2015)

Article 2(1) of the Convention. Scope of application. Further to its previous request to indicate any specific legislative or other measures on maternity protection for women in atypical forms of dependent work, the Committee takes note of the Government’s reply in its report that all employees enjoy the same maternity protection regardless of employment conditions, including employees engaged in home work, telework, and temporary work.

Article 3. Health protection. The Committee previously requested the Government to indicate whether pursuant to the Act of 2005 No. 62 on working environment, working hours and employment protection (the Working Environment Act), employers in fact have documented the impossibility of re-assignment of pregnant and breastfeeding women to other work, and if so to explain whether this is due to the size of the employer or to other specific circumstances. The Committee takes note of the Government’s reply that the Government has no overview of the use of this provision, but it assumes that re-assignment of pregnant and breastfeeding women to other work will be easier in large enterprises.

Article 4(4). Compulsory post-natal maternity leave. The Committee takes note of the Government’s reply to its previous comments, indicating that the provision of section 12-4 of the Working Environment Act allowing a reduction of the six weeks’ compulsory leave after childbirth in case a medical certificate states that it is better for the woman to resume work, has been subject to general consultation, and there have been no objections from the social partners. The Committee considers this consultation to embody an agreement between the Government and the representative organizations of employers and workers, and that it meets the criteria set out in Article 4(4) of the Convention.

Article 9. Employment protection and non-discrimination. The Committee notes the Government’s indication that a person who is subject to discriminatory treatment on the grounds of pregnancy and parental leave may claim compensation for the related economic and non-economic losses, pursuant to section 38 of the Equality and Anti-Discrimination Act, 2017. The Committee further notes that the Anti-Discrimination Tribunal examines cases relating to discrimination (section 35 of the Equality and Anti-Discrimination Act, 2017). The Committee also takes note of the Government’s indication regarding an ongoing information campaign undertaken by the Equality and Anti-Discrimination Ombud on protection from discrimination against employees with children.

The Government further indicates that according to the 2020 amendments to the Equality and Anti-Discrimination Act, 2017, employers are now obliged to undertake and regularly report on active, targeted and systematic efforts to promote equality and prevent discrimination, including on the grounds of pregnancy, parental leave, and care responsibilities (section 26). The Committee, however, takes note that the United Nations Committee on Economic, Social and Cultural Rights, in its 2020 concluding observations, expressed concern about the reportedly low level of compliance of employers with the duties to take action and to report, pursuant to section 26 of the Equality and Anti-Discrimination Act, 2017 (E/C.12/NOR/CO/6, paragraph 16). The Committee requests the Government to continue to provide information on the measures taken to ensure that maternity does not constitute a source of discrimination in employment, pursuant to Article 9 of the Convention. The Committee further requests the Government to provide information on the number of cases relating to discrimination on the grounds of pregnancy and parental leave examined by the Anti-Discrimination Tribunal as well as on the compensation and damages awarded, as per section 38 of the Equality and Anti-Discrimination Act, 2017.