Forskriftstekst - engelsk

Regulation 11 October 2004 No 1396 on general application of wage agreements for some petroleum installations onshore.

Established by the Tariff Board under the provision of Act 4 June 1993 No 58 relating to general application of wage agreements etc. § 3.

Chapt. I. Introductory provisions

§ 1The basis of general application

This regulation is established on the basis oo the following collective agreements:

1. The Engineering Industry Agreement (VO) 2004 - 2006, between the Norwegian Federation of Trade Unions (LO) and the Norwegian United Federation of Trade Unions (FF) on the one side and the Confederation of Norwegian Business and Industry (NHO) and the Federation of Norwegian Manufacturing Industries (TBL) on the other side,
2. the Construction Agreement (FOB) 2004 – 2006 between LO and FF on the one side and NHO and the Federation of Norwegian Construction Industries (BNL) and the Federation of Norwegian Technical Contractors (TELFO) on the other side, and
3. the Electrical Installation Agreement (LOK) 2004 – 2006 between LO and the Electricians & IT Workers Union (EL&IT) on the one side and NHO and TELFO on the other side.

§ 2Geographical scope

This regulation applies to the following petroleum installations onshore:

1. Melkøya (Snøhvit) in Hammerfest municipality, Finnmark
2. Tjeldbergodden in Aure municipality, Møre og Romsdal
3. Mongstad in Lindås municipality, Hordaland
4. Kollsnes in Øygarden municipality, Hordaland
5. Kårstø in Tysvær municipality, Rogaland
6. Nyhamna (Ormen Lange) in Aukra municipality, Møre og Romsdal
7. Sture in Øygarden municipality, Hordaland

This regulation does not apply to related activities performed outside the geographical areas of the installations.

§ 3To whom the regulation applies

This regulation applies to skilled and unskilled production workers on installations covered by § 2 performing:

1. Assembling and installation work in engineering and technology industry.
2. Construction work.
3. Installation, servicing and repair work on electrical installations and automatization installations.

A skilled worker is a worker with an officially approved trade certificate or similar within his line of work. An unskilled worker does not have such trade certificate.

The regulation does not apply to apprentices and participants in labour-market measures..

§ 4The enterprise’s responsibility

Enterprises performing work covered by §§ 2 and 3 are responsible for implementing this regulation. The responsibility rests with the employer or any person managing the enterprise on the employer’s behalf.

Chapt. II. Terms of wages and employment 1cf. § 16

§ 5Terms of wages for employees in engineering and technology industry

1. Employees in engineering and technology industry, cf. § 3 a), shall receive as a minimum the following hourly pay:
2. 1. Skilled workers: NOK 110,59
   2. Unskilled workers: NOK 105,44

2. If work tasks make overnight absence from home necessary, the employees shall receive the following supplements to hourly pay:
3. 1. Skilled workers: NOK 22,12
   2. Unskilled workers: NOK 21,09

No 2 does not apply to employees taken on at the work site.

3. On installations covered by § 2 using shift work, the following supplements shall be paid:

3.1 For work on a 2-shift system (36,5 hours a week) the following supplements shall be paid per hour:

1. shift until 14.00 hours on Saturday: No supplement

2. shift: NOK 12,42

For shift work after 14.00 hours on days before Sundays and public holidays: NOK 26,53.

From 14.00 hours on Christmas Eve, New Year’s Eve, Easter Eve and Whit Saturday: NOK 38,03.

Every hour after 24.00 hours is paid as for 3. shift.

3.2 For work on a 3-shift system (35,5 hours a week) the following supplements shall be paid per hour:

1. shift until 14.00 hours on Saturday: No supplement

2. shift: NOK 12,80

3. shift: NOK 19,05

For shift work after 14.00 hours on days before Sundays and public holidays: NOK 27,30.

From 14.00 hours on Christmas Eve, New Year’s Eve, Easter Eve and Whit Saturday: NOK 39,10.

3.3 For wholly continuous 3-shift work (33,6 hours a week) the following supplements shall be paid per hour:

1. shift until 14.00 hours on Saturday: No supplement

2. shift: NOK 13,56

3. shift: NOK 20,12

For shift work after 14.00 hours on days before Sundays and public holidays: NOK 28,83.

From 14.00 hours on Christmas Eve, New Year’s Eve, Easter Eve and Whit Saturday: NOK 41,32.

3.4 Conversion factor

By conversion from ordinary working hours, 37,5 hours a week, to diverging working schedules, the table given below shall be followed:

From 37,5 hours a week to 36,5 hours a week = 2.74 %

From 37,5 hours a week to 35,5 hours a week = 5.63 %

From 37,5 hours a week to 33,6 hours a week = 11.61 %

§ 6Terms of wages for employees in construction work

1. Employees in construction work, cf. § 3 b), shall receive as a minimum the following hourly pay:

a) Skilled workers: NOK 125,00

b) Unskilled workers: NOK 114,00

2. On installations covered by § 2 using shift work, supplements are to be paid according to following provisions:

2.1 General provisions

It is permitted to use shift work in accordance with the provisions laid down in Act 4 February 1977 No 4 relating to Worker Protection and Working Environment Chapt. X. When shift work is used, a working plan shall be drawn up in accordance with Act 4 February 1977 No 4 relating to Worker Protection and Working Environment § 48.

Supplements shall be paid only for shift work lasting minimum six days. Other shift work shall be paid as overtime.

2.2 Shift work supplements per hour

2. shift on weekdays: NOK 18,20

3. shift on weekdays: NOK 29,10

Supplements on Saturdays after 13.00 hours and on days before public holidays after ordinary working hours: NOK 72,30.

If an employee by transition from day work to shift work or the opposite within 24 hours (from 00.00 hours to 24.00 hours) is working more hours than normal for the actual 24 hour period, the employee shall receive overtime supplement for the extra hours.

2.3 Overtime work in connexion with shift work

For overtime work before or after a shift, a 50 % supplement to the shift supplement shall be paid. For work on Saturdays after 13.00 hours, on days before public holidays after ordinary working hours and on Sundays and public holidays, a 50 % supplement shall be paid.

2.4 Conversion factor

By conversion from ordinary working hours, 37,5 hours a week, to diverging working schedules, the table given below shall be followed:

From 37,5 hours a week to 36,5 hours a week = 2.74 %

From 37,5 hours a week to 35,5 hours a week = 5.63 %

From 37,5 hours a week to 33,6 hours a week = 11.61 %

§ 7Terms of wages for employees employed in installation, servicing and repair work on electrical installations and automatization installations

1. Employees employed in installation, servicing and repair work on electrical installations and automatization installations, cf. § 3 c), shall receive as a minimum the following hourly pay:
2. 1. Skilled workers: NOK 135,70
   2. Unskilled workers: NOK 114,87

2. If work tasks make overnight absence from home necessary, the employees shall receive the following supplements to hourly pay:

a) Skilled workers: NOK 20,35

b) Unskilled workers NOK 17,23

3. On installations covered by § 2 using shift work, the following supplements shall be paid:

3.1 2-shift system – 36,5 hour a week

A 2-shift system means that working hours alternate between day and evening (one week day work and one week evening work). 2-shift systems can be agreed upon within the period of 06.00 hours and 24.00 hours on ordinary workdays.

3.2 Supplements

Supplements shall be calculated on the basis of minimum hourly pay according to § 7 No 1. The supplement shall cover a nuisance compensation which amounts to 18.3 %. There is no supplement for day shift.

3.3 3-shift system – 35,5 hours a week

A 3-shift system means that working hours alternate between day, evening and night (one week day work, one week evening work and one week night work). 3-shift systems can be agreed upon within the period between 22.00 hours on Sundays and 06.00 hours on Saturdays.

3.4 Supplements

Supplements shall be calculated on the basis of minimum hourly pay according to § 7 No 1. The supplement shall cover a nuisance compensation which amounts to 18.3 % for 2. shift and 29.3 % for 3. shift. There is no supplement for day shift.

3.5 Wholly continuous shift work - 33,6 hours a week

Wholly continuous shift work is performed day and night without stoppage on Sundays and public holidays and is alternating between day, evening and night work according to a fixed shift plan.

3.6 Supplements

Supplements shall be calculated on the basis of minimum hourly pay according to § 7 No 1. The supplement shall cover a nuisance compensation which amounts to 18,3 % for 2. shift and 29.3 % for 3. shift. There is no supplement for day shift.

On Saturdays after 13.00 hours and on days before public holidays after ordinary working hours the supplement shall cover a nuisance compensation which amounts to 73.2 %. On Sundays and public holidays before 22.00 hours the nuisance compensations shall also be 73.2 %.

3.7 Conversion factor

By conversion from ordinary working hours, 37,5 hours a week, to diverging working schedules, the table given below shall be followed:

From 37,5 hours a week to 36,5 hours a week = 2.74 %

From 37,5 hours a week to 35,5 hours a week = 5.63 %

From 37,5 hours a week to 33,6 hours a week = 11.61 %

§ 8Pay adjustments within the duration period of the regulation

The pay rates in §§ 5, 6 and 7 are to be adjusted according to new pay rates following from the wage settlements in 2005.

§ 9Supplement to minimum hourly pay

All employees covered by this regulation shall be paid a supplement to minimum hourly pay, cf. §§ 5 No 1, 6 No 1, 7 No 1, according to their skills, qualifications, experience, responsibility and job contents.

§ 10Working hours

The ordinary daily working hours shall not exceed an average of 37,5 hours a week.

When working shift the following limits are applied:

• 2-shift system 36,5 hours a week in average
• 3-shift system 35,5 hours a week in average
• Wholly continuous shift system 33,6 hours a week in average

Deviating working schedules may be agreed upon according to the provisions laid down in Act 4 February 1977 No 4 relating to Worker Protection and Working Environment Chapt. X.

§ 11Supplements for overtime work

For work after ordinary working hours a 50 % supplement to hourly pay shall be paid. For work after ordinary working hours between 21.00 hours and 06.00 hours and on Sundays and public holidays a 100 % supplement to hourly pay shall be paid.

§ 12Public holidays, 1 and 1. May

Lost earnings for public holidays, 1 and 17 of May which ordinarily would have been work days, shall be compensated by ordinary pay unless the employee has been absent from work the work day before and after the public holiday.

Entitled to such compensation are employees who have been continuously employed in the same enterprise for at least 30 days before the public holiday, or have been employed later and the employment will be of at least 30 days’ duration. In this connexion the three-days public holiday at Easter is counted as one unit and the two-days public holiday at Christmas plus New Year’s Day are counted as one unit.

§ 13Other supplements

Other supplements, e.g. for extremely dirty work, working clothes and tools, may be agreed upon between the employee and the employer in accordance with common practice at the installation.

§ 14Compensation for travelling, and board and lodging expenses

If work tasks make overnight absence from home necessary, the employer is obliged to conclude an agreement with the employee on compensation of the actual costs for a reasonable number of journeys home. The employee and the employer shall also conclude an agreement on compensation for reasonable board and lodging expenses.

§ 15Accommodation requirements

Accommodation placed at the disposal of the employee shall be in proper condition, equipped and maintained in accordance with ordinary good standard at the installation.

Chapt. III. Derogations etc.

§ 16Derogation

This regulation is not applicable if the employee, based on a total assessment, is covered by more favourable terms of wages and employment according to agreement or the national law which ordinarily applies to the employment relationship.

§ 17Terms of wages and employment in law or regulations

Provisions in law or other regulations which ordinarily are applicable to the employment relationship is also applicable to employment relationships covered by this regulation, see especially:

• Act 4 February 1977 No 4 relating to Worker Protection and Working Environment,
• Act 29 April 1988 No 21 relating to Holidays and
• Act 26 April 1947 No 1 relating to 1 and 17 May as public holidays.

This regulation applies within the restrictions laid down in Act 4 February 1977 No 4 relating to Worker Protection and Working Environment Chapt. XII B.

Chapt. IV. Entry into force etc.

§ 18Entry into force and termination

This regulation enters into force on 1 December 2004.

This regulation is terminated 1 month after the Engineering Industry Agreement (VO) 2004-2006 between LO and NHO, the Construction Agreement (FOB) 2004 – 2006 between LO and NHO and the Electrical Installation Agreement (LOK) 2004 - 2006 between LO and NHO are replaced by revised collective agreements or if the Tariff Board passes on a new resolution on general application based on the same collective agreements.