What is the
duty to monitor
Also known as: see-to-it duty
The duty to monitor (påseplikt) is a Norwegian legal obligation requiring clients and main contractors to verify that subcontractors comply with minimum wage and working conditions. The duty is established by the Regulation on Information and Duty to Monitor, based on the General Application Act, and applies to both public and private entities commissioning work in industries covered by generally applicable collective agreements.
How does the duty to monitor work?
Those who commission work must implement systems and routines for verifying compliance with generally applicable collective agreements — in practice, by including contract clauses on minimum wages and following up through spot checks and documentation requests.
Who bears the duty depends on the contractual chain. The main contractor must monitor all tiers of subcontractors performing covered work. When no subcontractors are used, the client itself has the duty toward its supplier.
The duty to monitor is distinct from the contracting authority's control obligation under the Regulation on Pay and Working Conditions in Public Contracts, which only applies to contracts above NOK 1,550,000. The duty to monitor applies regardless of contract value. At the EU level, Article 71 of Directive 2014/24/EU imposes related obligations to ensure subcontractor compliance with social and labour law.
How to fulfil the duty to monitor
The Norwegian Labour Inspection Authority recommends:
- Establish routines with clear allocation of responsibilities
- Contract clauses requiring workers to receive at least the mandated wages and conditions
- Risk assessment of each contract to evaluate the likelihood of non-compliance
- Spot checks to verify that the supplier actually meets the requirements
The duty applies in construction, cleaning, hospitality, and shipbuilding — sectors where social dumping risk is greatest. Non-compliance may result in orders, coercive fines, or work stoppages. Tools like Cobrief can help suppliers track which requirements apply across different tender procedures.
The duty to monitor is a key mechanism for ensuring fair conditions in vulnerable industries. Together with labour integrity requirements and the Norgesmodellen, it forms an important part of combating labour exploitation and social dumping.