What do the regulations say?
Here you will learn how to comply with the requirements in the Regulation on Pay and Working Conditions in Public Contracts.
The regulation applies to:
- Government agencies when the procurement is over 1,1 millions NOK, excl. VAT
- Municipal, county or public law entities when the procurment is over 1.75 millions NOK excl. VAT
Requirements on pay and working conditions
As a public contracting authority you are required to stipulate requirements to suppliers and any sub-suppliers. They 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.
Requirements to pay and working conditions in the generally applicable collective agreements will vary in scope and is clearly defined in each regulation. In the nationwide collective agreements this includes working hours, pay, including rates/supplements for shifts, rotas, overtime and inconvenience, and coverage of travel, board and lodging expenses, to the extent such provisions is a part of the collective agreement.
The requirements applies to the employees who participate in fulfilling the contract.
The documentation requirment and sanctions
The regulation stipulates requirements that the contract shall give you as a contracting authority the right to demand documentation from the supplier and any sub-supplier. The documentation shall show compliance with the requirements.
The contract must also contain sanctions that will be used if the requirements are not acted on. The sanctions must be suitable to encourage the supplier and sub-suppliers to fulfil the requirements.
You must 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 term of the contract your organisation must carry out necessary controls to make sure the pay and working conditions requirements are acted on. The thoroughness of a control can be tailored to the needs in the industry concerned, geographic area, etc.
It is the the Norwegian Labour Inspection Authority who is responsible for keeping an for oversight of contracting authoritites' compliance with regulations on pay and working conditions in public contracts.
Other relevant regulations
There are also other relevant regulations, such as, among others, regulations on general application of collective agreements and regulations concerning posted workers that can apply. You can read more about these at the Norwegian Labour Inspection Authority's websites:
- 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
Furthermore, requirements on limits to the number of levels of sub- suppliers and requirements on the use of apprentices may apply.