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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 2017 Global Guide Quarterly updates
Travel Time is Working Time
New Order or Decree
Author: Merete Furesund, Partner — Homble Olsby Advokatfirma DA
In response to a request by the Supreme Court of Norway, on November 27, 2017, the EFTA Court delivered an advisory opinion confirming that time spent on travel ordered by the employer is working time, as defined by the Working Time Directive (2003/88/EC). The Court found that the employee met three criteria within the Directive’s definition: (1) travel is “requisite and essential” for the employee to perform his duties; (2) “the worker is unable to use his time freely and pursue his own interests, thus remaining at his employer’s disposal;” and (3) travel is considered an integrated part of his work, thus, he is working when conducting travel ordered by the employer. The opinion will impact how employers calculate working time in Norway.
Supreme Court Rules on Transfer of Undertakings
New Order or Decree
Author: Merete Furesund, Partner — Homble Olsby Advokatfirma DA
On December 4, 2017, the Supreme Court ruled on a case arising under the Norwegian Working Environment Act (WEA), which adopts the Directive on transfer of undertakings (2001/23/EF). In the case, a worker employed to provide user-directed personal assistance was dismissed upon replacement of the service provider. The High Court ruled that the change of service provider constituted a transfer of undertaking because the employee’s unit was an independent economic unit that retained its identity after the transfer to the new supplier. Consequently, the employee was entitled to continue the employment with the new supplier.