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Holidays with Pay Convention (Revised), 1970 (No. 132) - Norway (Ratification: 1973)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 6(2), 11 and 12 of the Convention. Days of incapacity due to illness not to be counted as part of annual leave – Prohibition to relinquish or forgo the right to an annual holiday with pay. The Committee recalls its previous comment in which it noted that section 9(1) of the Annual Holidays Act – which allows only for 12 working days to be transferred to the next holiday year in case annual leave cannot be taken for reasons of illness – is inconsistent with Article 6(2) of the Convention. In its reply, the Government states that it will take the necessary steps to amend the relevant provisions of the Annual Holidays Act and bring them into full conformity with Article 6 of the Convention. In addition, the Committee notes the Government’s reference to the latest amendments to the Annual Holidays Act, in particular section 11(2) which now provides that annual leave that is neither taken during the annual leave year nor transferred into the next annual leave year due to incapacity for work may give rise to financial compensation. The Committee recalls, in this connection, that the Convention permits untaken leave to be replaced by cash compensation only in the case of termination of employment. The Committee notes, in this connection, that the EFTA Surveillance Authority in a letter of formal notice, dated 23 September 2011, has concluded that sections 9(1) and 11(2) of the Annual Holidays Act are not fully consistent with the Working Time Directive 2003/88/EC. The Committee accordingly requests the Government to take the necessary measures to give full effect to the requirements of Articles 6(2), 11 and 12 of the Convention and to transmit a copy of any amended provisions of the Annual Holidays Act once they have been adopted.

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

Article 2 of the Convention. Scope of application. The Committee notes the Government’s reference to section 2(6) of the Annual Holidays Act which makes provision for new regulations concerning the application of the Act to posted employees. The Committee requests the Government to specify whether these regulations have already been issued, and if so, to transmit a copy.

Article 6, paragraph 2. Days of incapacity due to illness not to be counted as part of annual leave. The Committee notes that under section 9(1) of the Annual Holidays Act, if for reasons of incapacity for work the total annual leave cannot be taken by the end of the holiday year, the employee may demand to have up to 12 working days transferred to the next holiday year. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave which may not be taken because of sickness or injury be deferred but not lost or compensated (except in case of termination of employment). It therefore requests the Government to take appropriate steps to ensure that the leave not taken for reasons of illness, which may be transferred to the next holiday year, is not limited to 12 working days but covers the full length of the unused leave. The Committee notes that the Court of Justice of the European Communities in a recent decision (Case C-350/06) has reaffirmed the inalienable character of the workers’ right to annual holiday with pay – making express reference to relevant provisions of ILO Convention No. 132 – and has clearly established that workers who are absent from work, as a result of ill health, are entitled to statutory holidays even if they have not worked at all during the holiday year.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years any information on the practical application of the Convention. It therefore asks the Government to provide together with its next report up to date information in this respect, including statistical data on the number of workers covered by the relevant legislation, inspection results showing the number of infringements of the legislation in respect of annual holiday and sanctions imposed, copies of relevant collective agreements, official reports or studies on issues related to the Convention, etc.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the observation made by the Confederation of Norwegian Business and Industry (NHO) concerning application of Article 7(1) of the Convention (the level of holiday remuneration).