Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Equal Remuneration Convention, 1951 (No. 100) - Norway (Ratification: 1959)

1.  The Committee notes the information contained in the Government’s detailed report, including the statistical data supplied concerning the average annual wages of men and women in different sectors of economic activity. The Committee also notes the comments of the Federation of Norwegian Business and Industry (NHO), the Norwegian Federation of Trade Unions (LO), the Confederation of Academic and Professional Unions in Norway (AF), the Confederation of Vocational Unions (YS), the Norwegian Union of Teachers and the Federation of Norwegian Professional Associations (Akademikerne).

2.  The statistical data contained in the Government’s report indicates that the wage gap between men and women has remained stable from 1996 to 1998. The Government indicates that women’s relative pay levels in all categories for which figures were available improved in the 1990s, with the wage gap narrowing most among civil servants and employees in retail trade. The Government states that a weighted average of all groups shows that women’s average annual wage was 85 per cent of men’s corresponding annual wage in 1990, increasing to 86 per cent in 1998.

3.  The Government indicates that the principle of the Convention needs to be implemented through a variety of methods, given that pay disparities between women and men take different forms. The Government distinguishes between three types of gender-based salary discrimination: job discrimination (where women and men do not have equal access to jobs and promotion); direct discrimination (women receive lower pay than men in the same job and with the same qualifications); and evaluation discrimination (jobs where women predominate are less well paid than comparable jobs where men predominate).

4.  The Government recognizes that the social partners can ensure the application of the principle of the Convention through the wage negotiation process. The Committee notes from the report that Norwegian employers’ and workers’ organizations approach the issue of pay discrimination differently. The NHO maintains that pay disparities are due to occupational segregation and that pay differences are based above all on differences in job categories. Accordingly, the NHO believes that the focus should be placed on enterprise recruitment policies, arguing that pay disparities will decrease once a gender balance is achieved.

5.  In contrast, the LO views pay equality between men and women as a low-pay issue, holding that wage settlements with a low-pay profile will benefit women, who are often concentrated in lower paid occupations and in the lowest job categories. Other workers’ organizations ­­­­- the AF, the YS and the Norwegian Union of Teachers - view pay equality as a problem of job evaluation in respect of women’s jobs. Akademikerne favours local pay negotiations and asserts that the problem of pay disparities should be resolved at the enterprise level.

6.  The Government points out that enterprises in the private and municipal sectors are free to decide whether or not to initiate systematic pay equality efforts, whereas such activity is compulsory in the Government sector. As a consequence, discussions are under way to determine whether an order with the force of law could promote systematic pay equality efforts at the local level. The Government also indicates that an agreement on a new activities programme for gender equality was concluded by the NHO, LO and YS at the pay settlement in 2000. The agreement places particular emphasis on pay conditions and the development of pay systems based on criteria taking the gender dimension into account. The Committee notes this development with interest and hopes that the social partners will reach agreement to promote improved application of the Convention.

7.  The Committee notes that the Equal Status Act is still undergoing revision in collaboration with the social partners. Section 5 of the Act, which limits the application of the equal pay principle to work in the same enterprise is under review and consideration is being given in this context to expanding the scope of comparison between jobs. The Government indicates that removal of the limitation could be useful in implementing the principle of the Convention, particularly in the light of the persistence of occupational segregation in Norway’s labour market. The Government acknowledges in its report that the main reason for existing pay disparities is that men and women hold different positions, a factor which the Government attributes to job discrimination as well as to women’s and men’s occupational choices. The Committee also notes that, according to the Equal Status Ombudsman, both the Ombudsman and the Equal Status Appeals Board apply section 5 in such a manner that there is nothing to prevent comparison of jobs in two different trades where working conditions and pay are regulated by different collective pay agreements. Therefore, the Ombudsman maintains that the Act is interpreted and enforced in accordance with Norway’s international obligations and in agreement with the Job Evaluation Committee. The Committee asks the Government to consider expanding the scope of section 5 of the Equal Status Act to permit comparisons between jobs in different enterprises and asks  the Government to keep it informed of developments in this respect and to supply a copy of the Equal Status Act, once amendments are adopted.

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