Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre las horas de trabajo (comercio y oficinas), 1930 (núm. 30) - Noruega (Ratificación : 1953)

Article 6 of the Convention. Averaging. Forty-hour week. The Committee previously noted that section 10-5(3) of the Working Environment Act (WEA), which provides that the Labour Inspection Authority may consent to normal working hours that on average, during a period not exceeding 26 weeks, are no longer than prescribed by section 10-4, on the condition that the total working hours do not exceed 13 hours per 24 hours and 48 hours per seven days, is not in line with Article 6 of the Convention. The Committee notes that the Government indicates in its report that, according to documentation from the Labour Inspection Authority, the authorities receive very few applications falling within the scope of application of the Convention (none in 2018, and eight in 2019). The Government also indicates that the Labour Inspection Authority places considerable emphasis on workers' safety and health when granting permits pursuant to section 10-5(3) of the WEA. Furthermore, the Committee notes that section 10-5(2) of the WEA, as amended by the Act on amendments to the Working Environment Act and the Generalization Act of 24 April 2015, prescribes that the employer and the employees' elected representatives in undertakings bound by a collective agreement may, in writing, agree that normal working hours shall be arranged in such a way that, on average, during a period not exceeding 52 weeks, they are no longer than prescribed by section 10-4, on the condition that the normal working hours do not exceed 12 and a half hours per 24 hours and 48 hours per seven days. The same section provides that when entering into an agreement involving normal working hours exceeding 10 hours per 24 hours, particular regard shall be paid to the employees' health and welfare. In this respect, the Committee observes that while the original section provided for a limit to normal daily working hours not exceeding 10 per 24 hours, section 10 5(3), as amended, allows up to 12 and a half daily working hours, which is not in line with Article 6 of the Convention. While noting the Government’s explanations regarding the application in practice of section 10-5(3), the Committee requests the Government to indicate how section 10-5(2) is applied in practice to the categories of workers under the scope of application of the Convention.

Article 7(2). Temporary exceptions. Circumstances. In previous comments, the Committee noted that section 10-6(1) of the WEA permits overtime in broad terms going beyond the limited cases provided for in Article 7(2) of the Convention. The Committee notes that the Government indicates that section 10 6(1) of the WEA implicitly refers to the following special cases: (i) when unforeseen impairments among the workers have disrupted or threaten to interfere with the smooth operation of undertakings; (ii) when overtime work and additional work are necessary to prevent damage to plants, machinery, raw materials or products; (iii) when unexpected work pressures have occurred; and (iv) when particular work pressures have arisen due to a shortage of labour with special expertise, seasonal fluctuations, and other reasons. The Committee notes this information, which addresses it previous request.

Article 7(3). Temporary exceptions. Limits to overtime. In its previous comment, the Committee noted that: (i) section 10-6(6) of the WEA permits the annual limit of 200 overtime hours to be exceeded if the worker so consents; and (ii) section 10-6(9) of the WEA provides that the parties to an employment relationship may agree on a working time arrangement permitting up to 16 working hours per 24 hours. The Committee notes that the Government does not provide any information in this regard. The Committee recalls that in its 2018 General Survey on working time instruments, paragraph 148, it indicated that the maximum number of additional hours, while not specifically prescribed by the Convention, must be kept within reasonable limits in line with its general goal to establish the eight-hour day and the 48-hour week as a legal standard for hours of work in order to protect against undue fatigue and ensure reasonable leisure and opportunities for recreation and social life. Hoping that the Government will examine – in full consultation with the social partners – the most suitable course of action with a view to keeping the number of additional hours allowed within reasonable limits that consider both the health and well-being of workers, and the employers’ productivity needs, the Committee requests the Government to provide further explanations on how the abovementioned provisions are applied in practice to the categories of workers covered by the Convention.

Article 7(4). Compensation for additional hours of work. In its previous comment, the Committee noted that section 10-6(12) of the WEA permits overtime hours to be compensated wholly in the form of extra time off, which is contrary to the express requirement of Article 7(4) of the Convention which requires the payment in all cases of an overtime premium of at least 25 per cent of the ordinary wage rate. The Committee notes the Government’s indication that, pursuant to sections 10–6(11) and (12) of the WEA, it is possible for the employer and the employee to agree that the overtime hours shall wholly or partly be taken out as time off on agreed dates, but that the overtime supplement cannot be converted into time off, so that employees must have an overtime pay of at least 40 per cent in addition to their normal salaries. The Committee notes this information, which addresses it previous request.