Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

With reference to its previous comments, the Committee notes the information provided by the Government in its report and, in particular, that concerning the application of Article 7, Article 10, paragraph 3, and Article 18, paragraph 3, as well as (with respect to insured persons receiving education or training or engaged in unremunerated work) Article 20 of the Convention. It also notes the text of the National Insurance Act (NIA) No. 12 of 28 February 1997, supplied by the Government, which incorporated changes made in the legislation regarding unemployment benefit which took effect on 1 January 1997. The Committee would like the Government to furnish additional information on the following points:

1. Article 10, paragraph 1, in relation with Article 21. In its previous comments, the Committee asked the Government to explain by supplying relevant rules and guidelines the notion of the term "suitable employment" and to provide statistics on the number of cases in which unemployment benefit was suspended due to refusal to accept the job offered by the employment market service. The Committee notes that, according to section 4-5 of the new National Insurance Act, to be entitled to the benefit, an insured person must be a genuine jobseeker defined as a person who is capable of work, and who is willing: (a) to accept work which is proposed and is remunerated according to agreed or normal rates, and even in certain cases, at a rate that is lower than the daily cash benefit; (b) to accept work anywhere in Norway; (c) to accept work irrespective of whether it is full time or part time; (d) to generate income from the creation of self-employment; (e) to participate in labour market programmes. On the grounds of age or significant social considerations related to health, caring responsibilities for young children or the needs of a close family member, the insured person may be considered to be a genuine jobseeker if she/he only looks for part-time work, or only looks for work in a geographically restricted area. Section 4-20 further stipulates that, where the insured person refuses, without any reasonable grounds, to accept an offer of work or labour market programme, as defined in section 4-5 above, his entitlement may be withdrawn for a period of eight weeks on the first occasion or more on subsequent occasions. There are no explicit exceptions from this provision on grounds of age, health or caring responsibilities, but the withdrawal of the benefit is not applied in the case of a person who has resigned from work in order to move with a spouse or partner to a new job or another town in the country, in which case he may be considered to be a genuine jobseeker. Finally, section 4-21 provides that entitlement to the benefit shall be withdrawn from the time that the insured person no longer fulfils the condition of being a genuine jobseeker, and shall only be renewed from the time that this condition is once again fulfilled.

Explaining the above legislative changes the Government stated in its report that the expression "suitable employment" is no longer used in the legislation in force since 1 January 1997, which aims at providing the best possible motivation for the unemployed to get ordinary jobs. According to the Government, the guidelines for determining whether a person who is offered a job has an acceptable reason for refusing it, are rather complicated. The general principle is that if the unemployed person is physically and mentally qualified for the job, he or she has no acceptable reason to refuse. It is considered irrelevant whether the person considers himself too well or too poorly qualified for the job; this question is for the prospective employer to decide. The jobseekers must be willing to take jobs anywhere in the country, to move where the job is or to commute. They must also be willing to work at inconvenient times, during the evening, the night and at weekends. In certain cases they must accept jobs that mean lower pay than their unemployment benefit, although suspension of unemployment benefit is seldom used in such cases. At the same time, the Government points to certain exceptions. Persons who are above 60 years of age, or in poor health, or else take care of close relatives, may refuse to take more than part-time jobs and jobs which mean that they have to move or commute. If there is no fixed wage or salary for the job but only a commission, or if the working conditions violate the legislation in force, the unemployed person can normally refuse the job without a suspension of unemployment benefit. The Government also indicates that in the first quarter of 1998 altogether 667 persons had their benefit temporarily suspended for having refused the employment offered without reasonable grounds.

The Committee observes that, by virtue of the above-mentioned changes in the NIA, the previously applicable rule by which a person could be disqualified from receiving unemployment benefit for having refused "suitable employment", is replaced by the more restrictive concept of withdrawing the benefit for refusing employment offered "without any reasonable grounds". From the explanations provided by the Government, it would appear that, apart from the few exceptions mentioned above, the aim of the new legislation consists in compelling unemployed persons, under the threat of the withdrawal of the entitlement to the benefit, to take up any ordinary job for which they are physically and mentally fit. The Committee recalls in this respect that, according to the definition of the contingency contained in Article 10, paragraph 1, the aim of the Convention consists precisely in offering unemployed persons protection from the obligation to take up any job which is not suitable, so as to ensure for the benefit of the workers and society that the most effective utilization is made of human resources potential. Article 21, paragraph 1, further specifies that the entitlement to the benefit in the case of full unemployment may be withdrawn or suspended only when the person concerned refuses to accept suitable employment. In this respect, the Committee would like the Government to indicate whether and to what extent the employment market service, in assessing the reasons advanced by the unemployed person for refusing the job offered to him leading to the withdrawal of the benefit, takes account in practice of the criteria of suitability of employment laid down in paragraph 2 of Article 21. Please indicate, in particular, whether at least during an initial period of unemployment, consideration is given by the competent authorities when proposing an offer of employment to an unemployed person to his skills, qualification, acquired experience and length of service in his former occupation, as well as to his personal and family situation in case the job offered implies change of residence. The Committee would also appreciate receiving a copy of the guidelines, referred to by the Government, for determining whether a person who is offered a job has an acceptable reason for refusing it, as well as the statistical information on the number of cases in which unemployment benefit was suspended due to refusal to accept the job offered by the employment market service for the whole period since the entry into force of the new legislation on 1 January 1997.

2. Article 20. The Committee would like the Government to indicate how the provisions of sections 4-5 and 4-20 of the new National Insurance Act cited above, subjecting entitlement to unemployment benefit to the condition that unemployed persons should seek income from the creation of self-employment, are being applied in practice, taking into account that such condition is not mentioned among the grounds for the refusal, withdrawal or suspension of benefit listed in Article 20 of the Convention.

3. Article 20(f). As regards the requirement of sections 4-5 and 4-20 of the National Insurance Act, subjecting the entitlement to unemployment benefit to participation in labour market programmes, the Committee notes, from the Government's report, that the phrase "labour market measures" refers to the whole range of measures in force, including, for example, AMO (training and education), KAJA (creation of competency and jobs and work-training for unemployed persons), public employment for disabled persons, jobs for which the employer gets a subsidy from the state to employ people for a limited period of time, etc. The Government adds, with reference to section 4-4 of the NIA, that after 1 January 1997 it has not been possible for the unemployed persons to earn the right to unemployment benefit through participation in such programmes, the reasoning behind this curtailment of the right being that, if a person can qualify for several successive periods of unemployment benefit through participation in labour market measures, the person in question may not do his or her best to get an ordinary job. The Committee wishes to remind in this respect that, according to Article 20(f) of the Convention, refusal or withdrawal of benefit is authorized only in cases where the person concerned has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work. Taking into account that, as stated by the Government, participation in labour market programmes does not seem to dispense unemployed persons of the obligation to take up an ordinary job, the Committee would like the Government to explain in detail the rules and criteria applied in offering labour market programmes and in assessing the reasonableness of the ground in case participation in them is refused by the unemployed person concerned, particularly on the ground of their unsuitability in the light of his or her education, qualifications, length of service in former occupation and acquired experience.

4. Article 26. In reply to the Committee's previous comments concerning social benefits provided to categories (a) and (h) of the new applicants for employment, the Government indicates that there are still no social benefits with prescribed terms and conditions for young persons who have completed their vocational training (category (a)). However, individuals in this category may be entitled to social assistance paid by the municipality, like everybody else in Norway, if they have no other source of income and are without means to sustain their livelihood. In addition, as regards adults, including disabled persons, who have completed a period of training (category (h)), the Government indicates that, according to section 11-8, subsection 2(c), of the National Insurance Act, persons who have completed a rehabilitation programme and who are regarded as genuine jobseekers, are entitled to rehabilitation benefit for one year, which is to provide financial security for the time the persons in question are trying to get a job. The Committee takes note of this information. It would like the Government to specify the terms and conditions under which social assistance is paid by municipalities to the persons in need, and to supply the text of the corresponding legal provisions.

5. Finally, the Committee once again asks the Government to provide the most recent consolidated version of the Act respecting measures to promote employment, No. 9 of 27 June 1947, together with an English translation, if available.

[The Government is asked to report in detail in 1999.]