Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Norvège (Ratification: 1959)

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Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication that, at the end of 2022, women’s wages were 87.6 per cent of men’s wages (namely a gender pay gap of 12.4 per cent), a decrease from 87.9 per cent in 2021 (gender pay gap of 12.1 per cent). The Government mentions several factors which may explain, in part, this negative trend and current situation but recognizes that “unequal pay for equal work constitutes a significant part of the gender pay gap”. The Committee also notes that, according to EUROSTAT, the unadjusted gender pay gap in Norway stood at 14.3 per cent in 2021; and that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns at the gender wage gap resulting from occupational segregation (CEDAW/C/NOR/CO/10, 2 March 2023, paragraph 40(d)). The Government recalls that all public employers and large private employers have a duty to map wage differences by gender, which is key for more gender equality as it is a basis for assessing whether there exist wage differences between men and women in the undertaking and for implementing measures. The Government recognizes, however, that there is no tool or system for obtaining an overview of data from the various enterprises’ wage surveys to enable the authorities to assess national status. The Government therefore commissioned the Centre for Research on Gender Equality (CORE) to investigate the possibilities for developing a tool or system that allows data on wage mapping to be consolidated in a database in order to obtain an overview of the situation at the national level. It adds that, together with the social partners, it will initiate a project on wage differences between men and women and their causes. The Committee asks the Government to provide information on the results of the study carried out by the Centre for Research on Gender Equality (CORE), as well as the project on wage differences developed with the social partners, and the follow-up measures taken. Please continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors.

Principle of equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication that amendments to the Equality and Anti-Discrimination Act (EADA) requiring employers to carry out salary surveys every two years entered into force on 1 January 2020. So far, only one round of the survey has been carried out, which is too little time to measure the effect of the new provisions. The Government adds that the Equality and Non-Discrimination Ombud (which is tasked with providing guidance and following up on the duty to map wages and also offers regular courses on the subject) recommended that the authorities clarify the obligations of the employers, who seem to have difficulties understanding them. The Government also indicates that no amendment to the legislation, with a view to extend the scope of application of the principle of equal remuneration for work of equal value beyond the same establishment or enterprise, is foreseen. In this regard, the Government refers to: (1) the European Committee on Social Law’s non-binding opinion that limiting the equal pay provisions to remuneration within the same enterprise is in breach of the Social Charter (article 20c); and (2) the “Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”, in which, according to the Government, the scope of application of the principle of equal remuneration for work of equal value does not go beyond the same establishment or enterprise. In this regard, the Committee recalls that: (1) the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and (2) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the fundamental Conventions, paragraphs 697–699). The Committee asks the Government to provide information on: (i) the implementation, in practice, of the provisions of theEquality and Anti-Discrimination Act regarding pay equity, including how it is ensured that employers take measures once they have identified pay inequalities, and the types of measures taken; and (ii) how the principle of equal remuneration for work of equal value is applied beyond the same establishment or enterprise.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the very succinct information communicated by the Government on measures taken by the social partners to address pay inequalities between men and women. It wishes to recall that, under Article 4, each Member shall co-operate as appropriate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention. The Committee therefore requests the Government, once again, to provide examples of any specific measures taken by the social partners and through tripartite cooperation, to achieve equal pay between men and women in both the public and private sectors; as well as of any activities undertaken to raise awareness of the principle of equal remuneration for work of equal value, among social partners and the general public.

Article 3. Objective job evaluation. The Government refers to a project, involving the social partners, which shall provide employers, workers and the authorities with an overview and analysis of the current wage differences between men and women at the national level and its causes. The Committee requests the Government to provide information on the result of the above-mentioned project and any follow-up measures adopted to address pay differentials between female- and male-dominated occupations. It also reiterates its request to the Government to provide information on any measures taken or envisaged to introduce objective job evaluation measures.

Enforcement. The Government indicates that the websites of both the Anti-Discrimination Tribunal and the Equality and Anti-Discrimination Ombud display information on the available means of redress. It does not cite any specific measure taken or activity carried out to give visibility to the means of redress available to victims of discrimination. As regards judicial cases, the Government indicates that, during the reporting period, there were 26 cases relating to equal remuneration handled by the Tribunal: 17 were dismissed or closed, 9 were heard in full and in only one case the Tribunal found a violation of the equal pay provisions (case of a female prison doctor with a lower salary than her male colleagues). As regards the low percentage of discrimination cases examined on the substance and of decisions in favour of complainants, the Committee refers to the comments it made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on: (i) any measures taken or envisaged to raise awareness on the means of redress available to victims of discrimination; and (ii) the number and outcome of equal pay cases addressed by the Anti-Discrimination Tribunal.