Don't forget Janusz in the integration

Two workers in yellow PPE working on a construction site

Even though Janusz has lived, worked and paid taxes in Norway for seven years, he is still not entitled to a GP and other welfare benefits. We hope he and everyone in a similar situation will be taken into account in our future integration policy.

Exploitation of foreign workers is widespread in Norwegian working life. Migrant workers from EEA countries who are not registered as residents and are excluded from many welfare services available to all other workers are particularly vulnerable. There are some common features. They are often employed on short-term contracts through staffing agencies, are in a difficult financial situation, and are not entitled to an introduction program or Norwegian language training.

Many of the new arrivals are in the most challenging phase of establishing themselves in a new country - with a great need for information and extra vulnerability to exploitation. At the same time, our experience is that a large proportion of those whom the government refers to as commuters on short-term contracts have already lived and worked in Norway for several years.

Barred from welfare services

One of the people in question is Janusz, who was not informed of his rights when he came to Norway seven years ago. He is still not registered as a resident or registered in the national register, and therefore has no right to a GP or other welfare services. If he needs health care, he has to go to the emergency room or a private provider, and pay a much higher co-payment. He went to Caritas for help in claiming compensation from his employer after an accident that was not reported to the authorities. But when the insurance company asked for medical records from his GP, he had little to show for it.

Language skills

He is not alone in this experience. According to Statistics Norway, there are around 140,000 foreign workers who are not registered in Norway. We support most of the proposals outlined in NOU 2022:18 Between mobility and migrationwhich is currently under consultation in the Norwegian Parliament, but we are concerned that the situation for non-resident migrant workers will remain the same. As unregistered, they are in a particularly weak position in a situation of exploitation.

In the follow-up of the report, it will therefore be crucial to obtain a better knowledge base about this group. Furthermore, we believe that the proposed measures must be designed to include immigrants who are currently on the fringes of the regular labor market and who are not formally resident in Norway. This applies, for example, to the proposal for a statutory right to Norwegian language training and social studies.

Employers get away with it

Many of the people who come to us do so because they need help with a rogue employer. What they have in common is a lack of Norwegian language skills and knowledge of their obligations and rights as an employee. The cases involve everything from unpaid wages, overtime and holiday pay - often in combination with threats, unfair dismissal, unreported occupational injuries or other legal violations. Last year, we uncovered 125 cases of exploitation. Of these, 80 involved wage theft, and so far this year we have already registered around 60 such cases.

Although wage theft is criminalized, our experience is that most employers get away with it, while the police drop the case and refer it to the Conciliation Board. In Oslo, the volume of cases is so great that the waiting time for a conciliation meeting can be up to a year. And only those who are resourceful and have sufficient documentation dare to take the case further. Poor Norwegian language skills and high documentation requirements mean that most people give up.

Open law collection, notebook and a pen
Many of those who come to Norway to work are not aware of their obligations and rights as employees. This makes them vulnerable to exploitation (Photo: Pixabay)

Listen to the organizations

The fight against social dumping is important to the government. This is good, but a plan is not enough. At the "Black Economy Conference 2023", there was a call for speed in the work and concrete measures. We expect the Penal Code to be enforced and the Legal Aid Act to be amended in line with the Legal Aid Committee's proposals so that those who are exploited have a real opportunity to present their case. More resources must also be allocated to the Norwegian Labor Inspection Authority and other public bodies that have the authority to follow up cases. These are measures that are supported in the NOU, and we hope that politicians will do the same.

In addition, we hope for a skills boost on the integration of migrant workers, and here organizations that are in contact with the target group can contribute knowledge and experience. This is also pointed out in KPMG's evaluation of agency cooperation against social dumping. The proposals in the NOU offer hope for improvement, but presuppose that everyone is taken care of - including those who are not formally resident.