Littler Global Guide - Norway - Q4 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2022 Global Guide Quarterly updates   Download full Q4 2022 Global Guide Quarterly

Full-time Position as the Main Rule

New Legislation Enacted

Authors: Ole Kristian Olsby, Partner, and Lise Gran, Senior Attorney-at-Law – Homble Olsby | Littler

Effective January 1, 2023, full-time employment becomes the main rule. If a company wants to use part-time employment, they must document in writing the need for such and make such documentation available to the employee representatives. The company must also discuss the need for the relevant part-time employment with the employee representatives.

From the same date, both permanent and temporary part-time employees have a preferential right to increase their position before their employer can employ others or use hired temporary agency workers for new positions, extra shifts, etc. This preferential right can be limited to specific areas of the company in discussions and agreement with the employee representatives.

Limitation on Ability to Hire in Temporary Agency Workers

New Legislation Enacted

Authors: Ole Kristian Olsby, Partner, and Lise Gran, Senior Attorney-at-Law – Homble Olsby | Littler

As of April 1, 2023, the situations where a company can hire temporary agency workers will be reduced. Today, a company can hire in temporary agency workers in certain situation, one of the main ones being if they can demonstrate that the work these workers would perform is of a temporary nature. As of April 1, this possibility is removed and companies who can demonstrate such need have to use (direct) temporary employments instead. In practice, the removal means that temporary agency workers can only be hired in as substitutes for others who are on leave (sick leave, parental leave, etc.).

There are two exceptions from this. The exceptions concern the temporary hiring in of (i) health personnel in the health sector, as well as (ii) persons with specialist qualifications who will provide advice and consultancy services to a clearly limited project.

Prohibition on Hiring Temporary Agency Workers on Certain Construction Sites

New Legislation Enacted

Author: Ole Kristian Olsby, Partner, and Lise Gran, Senior Attorney-at-Law – Homble Olsby | Littler

Effective April 1, 2023, the hiring in of temporary agency workers at construction sites in the Norwegian capital and surrounding areas (Oslo and Viken county authorities) will be prohibited. Transitional arrangements apply for the following: (i) Contracts regarding the hiring of temporary agency workers that are in force on April 1, 2023; (ii) assignment contracts entered into under the assumption that hiring in can be used as part of the assignment; and (iii) binding offers submitted before April 1, 2023.

For these situations, the prohibition will enter into force effective July 1, 2023.

Further Rights for Posted Workers

New Legislation Enacted

Authors: Ole Kristian Olsby, Partner, and Lise Gran, Senior Attorney-at-Law – Homble Olsby | Littler

Today, certain work and pay conditions in the Norwegian employment legislation applies for posted workers when they work in Norway. From January 1, 2023, additional work and pay conditions from the Norwegian employment legislation apply for workers who are posted to Norway for more than 12 months. Certain exceptions apply if the posting initially is intended to last for less than 12 months but is later extended up to a total of 18 months.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.