Quarantine issues may-22
STATUS OF QUARANTINE ISSUES - May 2022
Compensation for quarantine in general
At the end of 2021, LO leader Peggy Hessen Følsvik addressed NHO (Confederation of Norwegian Enterprise) to discuss an approach towards the authorities about public compensation schemes.
The inquiry resulted in a meeting where NHO emphasized that the member companies should be able to find solutions internally, and instructed NOG (Norwegian Oil and Gas) to take the initiative for a meeting with Industri Energi to reach an agreement on the process further.
The agreed meeting with Norwegian Oil and Gas on compensation for the quarantine took place on 24 March.Industri Energi gave an account of our clear view from the meeting between LO and NHO last autumn where the representatives from the management of LO and NHO agreed stated that NOG had to ensure that the member companies were held accountable in the quarantine case. This means that we can assume that those who have a place at the top of the food chain in the oil and gas industry on the Norwegian shelf will show responsibility when it comes to compensation for quarantine. This as an alternative to involving the authorities in the compensation issue. The representatives of Norwegian Oil and Gas assured us that they immediately will address responsibilities and expectations with their member companies. The parties agreed to meet again on April 7 to discuss the way forward.
IE info after the meeting on April 7
As agreed, a follow-up meeting was arranged with Norwegian Oil and Gas yesterday, 7 April. The representatives of the employers' association for, among other things, the operating companies could regretfully tell us that their member companies will not take responsibility for the government-imposed quarantine with subcontractors. From our side, it was naturally stated that based on the signals from NHO and LO, we neither can nor will accept this.We asked NOG to inform NHO about the outcome of the "clean-up" that the main organizations called for.Industry Energy will, from our side, inform the LO leader about the same. We are planning for a dialogue with LO over Easter.
MAF may otherwise inform that the matter was discussed at our Annual General Meeting on 18-19 March 2022. Here, a claim was raised that a wording be included in the Collective Agreement which restricts an employer's right to limit the leisure for their employees. This may involve quarantine, as an example.
The claim was also promoted at NR’s collective bargaining conference on 20 April 2022.
Compensation for the imposed leisure time quarantine valid from 24 June 2021
The leisure time quarantine is also practiced for fully vaccinated personnel rigs operated by Maersk Drilling Norway contracted to work for AkerBP. This applies to personnel who come from "Countries with requirements for entry quarantine within the EU / EEA, including Switzerland and the United Kingdom (As specified in Appendix A of the Corona Regulations)".
MAF claims that personnel who are imposed leisure quarantine to be compensated with lost leisure time for the time they are not at work when they are on the rig.
The claim is applied from 24 June 2021, when version 27.0, "Departure instructions - Handling the corona situation" to AkerBP was applied.
The company believes that there is no basis for claiming compensation for the quarantine on board pursuant to the Collective Agreement.
MAF has therefore prepared a dispute protocol with the company, with an intension to institute legal proceedings.
Compensation for the imposed leisure time quarantine valid from 05 February 2022
AkerBP again introduced the leisure time quarantine on our facilities from 05.02.2022. This with reference to Departure Instructions version 33, point 4.
MAF claims that personnel who are imposed leisure time quarantine to be compensated with lost leisure time for the time they are not at work when they are on the rig.
The claim is made valid from 05 February 2022, when version 33.0, «Departure instructions - Handling of the corona situation» issued by AkerBP was asserted.
The company believes that the reason why the leisure time quarantine was introduced was to protect colleagues and reduce consequences / outbreaks on board and provide better conditions for mapping close contacts in the event of infection. The instruction was that one should not establish new close contacts outside working hours, hence refraining from using recreational services with a minimum use of common areas outside working hours and meals.
The company does not believe that there is a basis for claiming compensation for the quarantine on board pursuant to the Collective Agreement.
MAF has therefore prepared a dispute protocol with the company, with with an intension to institute legal proceedings.
Compensation for Corona test prior to departure.
Here, we do not completely agree with Industri Energi when they believe that it should only be compensated pursuant to Clause 8 of the Collective Agreement, which states overtime rates for time spent, however, at a minimum of 4 overtime hours. We set the claim a little higher. In any case, Industri Energi has submitted a summons with the said claim in accordance with Clause 8 of the Collective Agreement and we must await the outcome of this. Industri Energi assumes that if they win a verdict on this, then we may use it to achieve the same result.
The case is scheduled in the Labor Court on 28-29 April 2022.
26-04-2022 IE news - Settlement in the case of coronation test prior to business trip
The parties have reached a settlement in the claim for compensation for the time members have spent taking a coronation test in prior to work trips.
The case concerned that oil workers in several companies were not allowed to test themselves at home before start traveling on their offshore hitch, but they were required to meet at the place of departure in advance, to test themselves there.
Industri Energi / LO, Safe and their opposing party The Norwegian Shipowners' Association have agreed to resolve the dispute out of court.
The parties agree that the employees of the defendant companies will be granted compensation with effect from 1 January 2021 for the inconvenience of having to meet ready for work earlier than normal, to take a corona test. The compensation corresponds to two hours of overtime pay per departure.
By this the dispute is considered resolved without the parties having taken a position on the underlying question of understanding the wording. At the same time, the parties agree to discuss a collective bargaining solution for the future, should it become relevant to reintroduce such testing.
The notified labor law case is requested to be reconciled as a settlement.
MAF has discussed the settlement at the monthly meeting on 03.05.2022
The company claims that the settlement between NR and the employee organizations (LO / SAFE) dated 25 April 2022 does not mean that employees who were quarantined by the authorities are granted compensation for meeting earlier before leaving for offshore for a covid test.
The company does not see that this protocol should be applied to MDN employees, and further claims that MDN has provided a better compensation than what the settlement dictates.
In any case, MAF was not part of the case / settlement because we did not agree with IE. And we had better schemes. We are therefore considering disputing the case.
Claim for payment for home testing
MAF claims that our members receive the same compensation as the AkerBP employees have received for home testing in connection with going offshore. This was made valid from 15.12.21. As we see it, there is a requirement for 3 home tests. They receive 0.5 overtime hours for each test they take.
On April 11, MDN reported back that they would not compensate for home testing. MAF has therefore submitted a dispute to the company.
Illness during the quarantine period and the right to compassionate leave in accordance with Clause 14.1 a, b and c of the Collective Agreement
We have previously sent all the issues to Industri Energi, but they have not taken a position on them. We do not believe it may be right that we lose both collective and statutory rights to leave by having to be quarantined.
We have tried with local agreements, but the only subject the company has given in to is that you may now report sick during the quarantine period, without them going to deduct from your salary, if due to illness, you have not been able to complete the necessary quarantine before departure. However, we must point out that this is only the practice that the company has chosen, and we have not reached an agreement on the same.
In addition to this, we continue to have challenges with compassionate leave in accordance with section 14.1 a, b and c of the Collective Agreement when they coincide with the quarantine period.
This has also been discussed at our Annual General Meeting, and it is therefore presently a claim for the main settlement 2022 that we must work to get a text implemented to the Collective Agreement, which ensures that it will not have financial consequences if, due to justified leave, may not complete an imposed quarantine period before departure, and for that reason may not travel offshore at the scheduled time.
The Claim was also promoted at NR’s collective bargaining conference on 20 April 2022.
Compensation for claims for quarantine or isolation on the return journey
The company states that this will typically be government-imposed quarantine (which must otherwise be handled by the local infection control office) and they therefore do not believe that they should compensate, even if the close contact or infection with corona has occurred at their installation.
Industri Energi does not believe we may claim any compensation when it is imposed by the authorities and the company does not want to make a local agreement on compensation for this.