Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the information supplied by the Government in reply to its previous comments regarding section 55 of the Worker Protection and Working Environment Act (No. 45/1977).

The Committee recalls that the Governing Body, in its conclusions adopted in March 1983 regarding a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution, has considered that section 55A is drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views are not relevant to the inherent requirements of a given job. The Governing Body has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act.

In its earlier observations the Committee has noted the decision of the Oslo District Court, the order of the High Court of Eidsivating and the order of the Supreme Court of 27 November 1966 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order held that a personnel policy of a religious institution for training social workers, which requires that all candidates for employment in its department of social works be asked about their position concerning the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act.

The Committee recalls that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government had stated in its report that this study was not yet completed. The Government also indicated that it had received no further information that section 55A has been applied in such a way as to contradict the Convention and since 1987, no case had been brought to trial on the basis of section 55A. The Committee also recalls that a letter from the LO stated that a committee was established in June 1989 to consider whether changes have to be made to the Act.

In this respect the Committee notes from the Government's report that a possible revision of section 55A of the Worker Protection and Working Environment Act will be considered by a Government-appointed tripartite committee currently charged with discussing a large-scale revision of the above-mentioned Act and that the outcome of the work is expected to be available at the end of 1991.

The Committee requests the Government to supply information on the results of the study requested by the Storting, on the work of the above-mentioned tripartite committee and to continue to furnish information concerning the application in practice of section 55A of the Act.

The Committee also expresses the hope that through the revision to be considered, or other appropriate measures, section 55A of the Act will be worded, interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof."

The Committee is addressing directly to the Government a request concerning other points.