The Regulation on Pay and Working Conditions in Public Contracts sets minimum requirements to public contracting authorities who procures services or building- and construction works.
The regulations require contracting authorities buying services or building and construction work above 1,1/1,75 millions NOK excl. VAT to:
- Inform in the announcement or tender document that the contract will contain requirements on pay and working conditions, documentation and sanctions in line with the Regulation on Pay and Working Conditions in Public Contracts. It is adequate to include the contract containing requirements concerning pay and working conditions, but Difi recommends that you also state this under "Special contract terms and conditions" in Doffin/TED.
- In the contract
- set a requirement that employees who participate in fulfilling the contract must have pay and working conditions in accordance with relevant regulations on general application of collective agreements and/or nationwide collective agreement for the industry in question
- set a requirement that the supplier and sub-suppliers upon request must document compliance with the requirements
- decide upon suitable sanctions to encourage the supplier and sub-suppliers to fulfil the requirement
- In the contract follow up
- for procurements in general application areas, establish written systems and routines
- carry out necessary controls to make sure the pay and working conditions requirements are being complied with. The thoroughness of a control can be tailored to the needs in the industry concerned, geographic area, etc.
- comply with statutory duties of confidentiality and protect personal data and other sensitive information
- document the process in accordance with the applicable regulations, including the Public Administration Act and Archives Act
Other relevant regulations
Furthermore, requirements on limits to the number of levels of sub- suppliers, requirements on the use of apprentices, regulations on general application of collective agreements and related regulations, and regulations that apply when an employee is posted by his or her employer to work in another country for a limited period of time may apply.
In addition to the regulation on pay and working conditions there are several other laws that are valid for the contract follow-up with regard to pay and working conditions. Among these are the Personal Data Act, Public Administration Act and Archives Act.
- Read more about regulations on general application of collective agreements and related regulations on the Norwegian Labour Inspection Authority facts page about general application of collective agreements
- Read more about the regulations that apply when an employee is posted by his or her employer to work in another country for a limited period of time at the the Norwegian Labour Inspection Authority facts page about posted workers