National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
The Committee notes the Government’s report and the communication from the Norwegian Confederation of Trade Unions (LO) dated 25 September 2006.
1. Legislative developments. The Committee notes with interest the recent legislative developments with respect to the application of the Convention. It notes from the revision of the Working Environment Act (WEA) that employees are entitled to flexible working hours (section 10-2(3)) as well as a partial leave of absence for three years to care for a child (section 12-6). The WEA also extends the leave of absence for fathers to two weeks following the birth or adoption of a child (section 12-3) and gives greater rights to employees to take leave in case of a child’s illness or injury (section 12-9(4)). The Committee further notes the amendments to the National Insurance Act of 28 February 1997 concerning benefits in cases of maternity/paternity and adoption whereby fathers can receive parental and adoption benefits based on their own eligibility. It notes that in 2005, about 90 per cent of eligible fathers made use of their right to such benefits. Furthermore, the Committee notes that the amended Gender Equality Act of 2002 now explicitly prohibits differential treatment that would place a woman or man in a weaker position than they would otherwise be as a result of pregnancy, childbirth or leave of absence (section 3(2)). The Committee welcomes these developments and asks the Government to continue to provide information on the measures taken in law and practice to give effect to the provisions of the Convention.
2. Article 5 of the Convention. Childcare services. In its communication, the LO alleges that despite longstanding efforts, the number of available childcare centres is not sufficient to meet the needs of parents and that challenges remain, particularly in providing childcare for children under the age of three. In addition, the LO states that the shortage and high cost of pre-school places does not allow parents to choose the best care facilities for their children. The Committee asks the Government to provide information in its next report on the availability of childcare facilities, including pre-school places, in relation to existing demand and whether any measures are planned or in place to improve the availability of childcare services for workers with family responsibilities.
The Committee notes the various measures taken by the Government to ensure workers with family responsibilities have equal opportunity and treatment. It notes that the Cash Benefit Scheme for Parents with Small Children Act entered into force on 1 August 1998 and is applicable to all parents with children between the ages of one to three, irrespective of financial means, except when the child attends a day-care centre which receives a grant from the Government. Families with children in part-time day care receive a partial cash benefit. In this regard it notes the amendments to sections 31, 32 and 33A of the 1977 Worker Protection and Working Environment Act (WEA) extending the right of leave of absence for childcare including where parental responsibility is allocated under sections 36 and 37 of the Children’s Act as well as for children with special needs. The Committee also notes with interest that the number of fathers making use of their rights to enjoy parental benefits has increased from 1 per cent in 1993 when it was introduced, to the current figure of nearly 80 per cent, and asks the Government to continue to supply information on these and other measures aimed at increasing the role of the father in caring for small children, a recommendation of the Working Party for the Role of the Male referred to in earlier comments.
The Committee notes the report of the Government and appended documents.
The Committee notes with interest the amendments to sections 31, 32 and 33A of the 1977 Worker Protection and Working Environment Act, which extend the right of leave of absence in the event of pregnancy and childbirth, adoption and where a child or childminder is ill.
The Committee has also noted that four weeks of the total cash benefit period for parental leave awarded in the case of maternity have been reserved for the father, on condition that he stays at home to care for the child. Recalling that this initiative was based on a recommendation of the Working Party for the Role of the Male (which concluded that men's increased engagement in caring for small children ought to be an important policy aim for the future), the Committee would be grateful if the Government would continue to supply information concerning the implementation of measures consistent with this goal.
Referring to its previous comments concerning any measures taken with respect to workers with responsibilities in relation to members of their families other than dependent children, the Committee notes with interest the recent amendments made to the 1966 National Insurance Act. Under these, an insured person who is home nursing a person with whom he or she has a close relationship is entitled, during the terminal phase of an illness or injury, to daily cash benefits (under the rules concerning such payments for an insured person's illness) for a period of up to 20 days. In addition, a person who has been caring for elderly, sick or handicapped persons who are not in an institution, may be credited with pension points for each calendar year in which he/she has provided such care, provided that the care has amounted to at least six months of the year in question and has been so extensive that the person has essentially been prevented from supporting him or herself. (This latter benefit also applies to persons caring for children under 7 years of age.)
The Committee is raising certain other points in a request addressed directly to the Government.
The Committee has noted the information supplied by the Government in reply to its previous direct request concerning the application of Article 5 of the Convention.
Article 1, paragraph 2, and Article 10 of the Convention. In its first report, the Government had stated that few provisions deal with workers who are responsible for members of their family other than children, and that the question of extending the right to time off or leave of absence to include supervision in connection with illness, of handicapped persons of any age, of aged parents, siblings, spouses and so forth, was being followed up. The Government had also stated that to some extent step-by-step implementation of the Convention would be followed. The Committee would be grateful if, in its next report, the Government would indicate what measures have been taken or are envisaged to apply the various Articles of the Convention to workers with responsibilities in relation to members of their immediate family (other than their dependent children) who clearly need their care or support.
Article 8. The Committee notes that no further steps have been taken to incorporate the Home-help Act into the Working Environment Act. It hopes that the next report will indicate any developments in this regard.