Government proposes measures to facilitate labour migration

In April 2008, the minister of labour and social inclusion presented a White Paper on labour migration. With this White Paper, the Norwegian government aims to ease labour migration to Norway from countries outside the EU and European Economic Area. The paper also opens the way for abolishing the transitional arrangements regulating the migration of citizens from the new EU Member States to Norway.

On 18 April 2008, the Minister of Labour and Social Inclusion, Bjarne Håkon Hanssen, presented a White Paper on labour migration (St.meld.nr.18 (2007–2008), Arbeidsinnvandring (in Norwegian (1.85Mb PDF)). The paper considers a number of issues, including new measures to ease labour migration to Norway. The government emphasises that labour migration contributes in a positive way to the Norwegian economy. Therefore, it is important that Norway is able to attract migrant workers to the country during times of increasing labour shortages in the Norwegian labour market, according to a press release by the Norwegian Ministry of Labour and Social Inclusion (Arbeids- og inkluderingsdepartementet, AID).

Action plan to combat social dumping

At the same time, the government also highlights the need to secure decent wages and working conditions for workers migrating to Norway. In achieving these goals, the government has drafted an action plan to combat social dumping (NO0802049I, NO0802019I, NO0705019I) and to strengthen the integration into Norwegian society of both migrant workers and their families. Moreover, in a press statement, the government highlights that it will also take into consideration the situation in the migrant worker’s country of origin, particularly in relation to the so-called ‘brain drain’ of poorer countries, and will monitor closely the effects of the new rules on recruiting third-country nationals. In terms of administration, the government proposes a range of measures which aim to ease administrative procedures and increase access to information for relevant workers and employers.

Transitional arrangements to be lifted

Currently, workers from the new Member States that joined the EU in May 2004 are subject to transitional arrangements if they decide to come to Norway to work. In order to obtain a work permit in Norway, workers from these countries need to be employed in a full-time position with wages and working conditions equivalent to the standard norm of similar positions in Norwegian working life (NO0604029I, NO0405105F). The possible abolishment of transitional arrangements for migrant workers from the new EU Member States will be discussed with the social partner organisations. The government recommends that the existing regulations be lifted as early as 1 January 2009. Measures directed at citizens from Bulgaria and Romania – which joined the EU in January 2007 – will be considered separately.

Specific measures

The government aims to facilitate the migration of labour from countries outside the EU and European Economic Area (EEA) to Norway. To this end, the government will make it easier for employees with a higher education, such as specialists and key personnel, as well as skilled workers to acquire work permits. Moreover, a work permit will provide these two categories of workers with the opportunity to apply for a family reunion and permanent residence in Norway. The so-called ‘job applicant visa’, which allows migrant workers to have residential rights while applying for work, will be extended from three to six months. The government also aims to give employers greater responsibilities for the recruitment of migrant workers, for example, by permitting skilled or specialised migrant workers to begin employment in Norway before official work permits have been formally granted. This opportunity may be associated with other requirements placed on the employer, such as being bound by a national collective agreement or becoming a member of an employer organisation.

Seasonal workers from countries outside the EU/EEA must still apply for a work permit before starting work. These workers will be entitled to a six-month work permit, but the permit will not provide for the right to permanent residency or a family reunion.

Exemptions for non-skilled labour

Exemptions to these rules will be introduced by the government in the case of non-skilled labour – for example, in relation to positions with no special requirements with regard to qualifications. Such exemptions may take effect for specific regions of the country and/or industries. To begin with, the government proposes to apply this exemption to Russian workers from the Barents Sea region located north of Norway and Russia and also to workers migrating to the northern part of Norway. The government will also instigate other measures to facilitate labour migration to the north of the country, such as a joint information and administration office in Kirkenes, which lies in the extreme northeastern part of Norway, as well as measures to ease travel and border crossings.

Commentary

Overall, the government’s White Paper on labour migration has received a positive response from the social partners. On the employer side, the Federation of Norwegian Commercial and Service Enterprises (Handels- og Servicenæringens Hovedorganisasjon, HSH) and the Confederation of Norwegian Enterprise (Næringslivets Hovedorganisasjon, NHO) welcome the fact that it will be easier to recruit workers from abroad. Moreover, they support the measures which aim to prevent the exploitation of foreign workers. On the trade union side, the Confederation of Vocational Unions (Yrkesorganisasjonenes Sentralforbund, YS) and the Norwegian Confederation of Trade Unions (Landsoganisasjonen i Norge, LO) also emphasise the positive impact of labour immigration on Norwegian society. However, LO argues that some of the measures proposed by the government, such as extending the job applicant visa period to six months, might lead to an increase in undeclared work. LO also opposes the idea of abolishing the transitional rules for new EU Member States ahead of schedule.

Kristine Nergaard, Fafo Institute for Applied Social Science