2 minute read 1 Mar 2021
Man and woman cooperation equality

Activity and reporting obligation – what it means for your company

Authors
Elisabeth F. Sætersdal-Walle

Attorney at Law, EY Norway

Attorney at Law with enthusiasm for legal issues that provide opportunities to create equality, justice and profitability for all parties.

Helga Aune

Partner and lawyer, EY Norway

Lawyer and researcher with nerdy interests in the working world and employment law. Especially committed to training and lifelong learning. Equal opportunities are human rights in practice.

2 minute read 1 Mar 2021
Related topics Law

All public and private sector employers have an obligation to work with equality and non-discrimination, also known as the employer’s activity and reporting obligation (aktivitets- og redegjørelsesplikt – ARP). 

The activity and reporting obligation (ARP) applies to the following companies:

  • All public sector companies
  • Companies with more than 50 employees
  • Companies with 20–50 employees (if the union representative or a majority of the employees requests it)

ARP requires comprehensive reporting from companies

All employers must work actively, consciously and according to a plan to promote equality and prevent discrimination on the basis of gender, pregnancy, leave in connection with maternity/paternity or adoption, care tasks, ethnicity, religion, philosophy, disability, sexual orientation, gender identity, gender expression or any combination of these. Employers must strive to prevent harassment, sexual harassment and gender-based violence. This work will encompass fields such as recruiting, pay and working conditions, promotion, development opportunities, preparation and the opportunity to balance work and family life.

Companies are obliged to document that they have worked systematically in accordance with legislative requirements. The associated report is to be included in the annual report or another public document, and it is the Board that is responsible for compliance with the obligations.

A four-step work method is applied in the execution of ARP

Companies subject to ARP are to:

  • investigate at least every second year whether there is a risk of discrimination or other obstacles to equality, including mapping pay conditions by gender and the use of involuntary part-time work
  • analyse the causes of any risks identified
  • implement measures designed to combat discrimination and contribute to improved equality and diversity at the company
  • assess the results of the work carried out with regard to the three items listed above

How EY can help

Our labour law advisors are fully familiar with ARP and can assist you and your company with the reporting. 

Awareness and systematic work are required if the Board is to comply with the obligation and actually succeed in its work to promote equality. Does the company have the tools and the knowledge it needs to enable it to work with equality at a structural level? The Board must analyse the current status and plan measures to ensure compliance with the legal requirements. The Board must also document this work.

Summary

All public and private sector companies have an obligation to work with equality and non-discrimination. Both planning and full familiarity with the obligations are required if the Board is to comply with its activity and reporting obligation – and actually to succeed in its equality efforts. EY’s advisors are experienced in the area and can assist companies in this important work.

About this article

Authors
Elisabeth F. Sætersdal-Walle

Attorney at Law, EY Norway

Attorney at Law with enthusiasm for legal issues that provide opportunities to create equality, justice and profitability for all parties.

Helga Aune

Partner and lawyer, EY Norway

Lawyer and researcher with nerdy interests in the working world and employment law. Especially committed to training and lifelong learning. Equal opportunities are human rights in practice.

Related topics Law