Norway
Employee’s claim for pension rights under a group pension scheme may be brought directly against the insurance company (case law)
Impact date: 8 April 2026 The issue before the Supreme Court was whether an employee could bring a claim for an upward adjustment of the calculation basis for retirement pension accrual directly against the insurance company, without also having to bring proceedings against her employer.
The employee had been partially incapacitated for work since 2011 and had been granted disability pension under the employer’s group pension scheme. The pension scheme had been established through an agreement between the employer and an insurance company. The agreement provided that upward adjustment of the pension basis in line with wage growth in the company would apply only to employees who were "fully able to work".
As a result, the employee’s pension basis was not adjusted in line with wage growth after 2011. In 2024, the employee brought legal proceedings against the insurance company, arguing that the contractual provision should be set aside because it contravened the rules on discrimination and section 36 of the Contracts Act. The insurance company disputed the claim and argued that the proceedings had to be brought against the employer.
The Supreme Court held that the employee could bring the claim directly against the insurance company, without also bringing a claim against the employer.
Employer implications/action needed The ruling clarifies that employees may enforce their pension rights directly against the insurance company, without the employer necessarily having to be a party to the proceedings. The Supreme Court’s reasoning may also be relevant to other types of disputes involving a tripartite relationship.
Employer risk N/A
Links https://lovdata.no/pro/#document/HRSIV/avgjorelse/hr-2026-781-a (Norwegian only)
https://lovdata.no/pro/#document/HRENG/avgjorelse/hr-2026-781-a-eng (English summary)
Proposed amendments to the Immigration Act - Stronger protection for foreign workers vulnerable to exploitation
Impact date: The matter has been considered by the committee, and a recommendation was submitted on 19 May 2026. It is now awaiting consideration by the Norwegian Parliament. In Prop. 80 L (2025-2026), the Ministry of Justice and Public Security proposes amendments to the Immigration Act intended to strengthen the protection of foreign workers who are vulnerable to exploitation.
Under the current rules, it is a criminal offence to exploit a foreign worker in an improper manner in connection with the provision of work or housing. The Ministry proposes expanding criminal liability so that employers may also be penalized for exploitation within the employment relationship itself.
The proposed penalty is imprisonment for up to two years, or up to six years in cases of serious offences. The purpose of the proposal is to strengthen the protection of foreign workers, while also helping to combat labor market crime and social dumping.
Employer implications/action needed Employers using foreign labour should review pay, working time, housing and recruitment practices to ensure compliance.
Employer risk If adopted, the rules would expand criminal liability for exploitation within the employment relationship, with significant sanctions for serious breaches.
Proposal for amendments to the National Insurance Act and the Working Environment Act
Impact date: Awaited
The Ministry proposes amendments to the National Insurance Act and the Working Environment Act relating to the duties of cooperation, activity, and workplace accommodation in cases of sickness absence.
The main elements of the proposal are to:
- clarify the employee's duty during sick leave to provide information and to cooperate, both under the National Insurance Act and the Working Environment Act, and to extend the duty to cooperate under the National Insurance Act to include an obligation to temporarily perform work other than that stipulated in the employment contract
- maintain the obligation under the National Insurance Act to participate in work-related activity in a new provision, and clarify that the employee's duty during sick leave to remain active applies to the greatest extent possible
- clarify in the Working Environment Act that the employer's duty to provide reasonable accommodation for employees with reduced work capacity, in principle, also encompasses permanent accommodation measures
- bring forward the employer's obligation to submit the follow-up plan to the Norwegian Labor and Welfare Administration no later than after four weeks of sick leave. This corresponds to the same deadline by which the employer must submit the follow-up plan to the doctor certifying the sick leave
The consultation deadline of 15 March 2026 has passed, and the consultation responses have been published. No further action has otherwise been taken in respect of the proposal.
Employer implications/action needed Employers may need to:
- consider longer-term, including potentially permanent, workplace adjustments as part of their accommodation duty
- bring forward internal timelines so the follow-up plan is prepared and sent to NAV no later than four weeks after the start of sick leave, matching the deadline of the doctor certifying the sick leave
Overtime pay for part-time work exceeding the agreed working time percentage
Impact date: Awaited. The working group is due to propose its solutions by 1 September 2026.
In light of EU case law, a key issue in Norway is whether part-time employees are entitled to overtime pay for work performed in excess of their agreed working time percentage. A working group has been appointed to assess overtime pay for part-time employees.
While the working group has been considering this issue, several judgments have been handed down by lower courts. Although these judgments are not legally binding as precedents, they appear to have made it necessary to amend the group’s mandate. Going forward, the working group will therefore proceed on the assumption that the Norwegian rules on compensation for additional work will be amended. It will no longer consider whether the current rules are compatible with EEA law.
Among other things, the working group will propose regulatory amendments intended to prevent discrimination between part-time and full-time employees in relation to payment for additional work and overtime.
Employer implications/action needed Employer organizations encourage employers to consider entering into temporary supplementary agreements with part-time employees who wish to increase their working time percentage in connection with the absence of other employees. Employers should also consider whether some of the additional work can be covered by using on-call staff.
Employer risk Employers should be aware that using part-time employees to perform additional work may result in extra costs in the form of overtime supplements.
Proposals for changes to parental rights in working life sent out for consultation
Impact date: Awaited. The proposal has been circulated for consultation. The consultation deadline is 5 September 2026.
The Ministry of Children and Family Affairs has circulated NOU 2026: 2 Policy for new generations for consultation. The report was submitted on 9 February 2026 and includes proposed measures to help increase birth rates in Norway, including proposals concerning parental rights in working life.
Among other things, the committee proposes a review of the rules on parental leave, parental benefits, and the duty to accommodate parents with young children. It also proposes a pilot scheme for reduced working hours for parents of young children within the parental benefit scheme. The scheme is aimed at occupational groups with limited flexibility.
Employer implications/action needed If adopted, it may affect future framework conditions.
Employer risk Low at this stage, as no changes have been adopted. Future follow-up may, however, affect parental leave planning and working time flexibility for parents of young children.
Links https://www.regjeringen.no/contentassets/a931edce166d4f5fb0dd282e5149784b/no/pdfs/nou202620260002000dddpdfs.pdf (Norwegian only)
https://www.regjeringen.no/no/dokumenter/horing-av-nou-20262-politikk-for-nye-generasjoner/id3157086/ (Norwegian only)
https://www.regjeringen.no/contentassets/7dc08eb9f0dd407dac0caf712c023003/en-gb/pdfs/english_summary.pdf (English summary)
Proposal to authorize regulations requiring contracting authorities to monitor suppliers’ compliance with HSE card requirements
Impact date: The Norwegian Parliament has considered the matter at first reading. It is now awaiting its second reading.
In Prop. 78 L (2025-2026), the Ministry of Labor and Social Inclusion proposes amendments to the National Insurance Act and the Working Environment Act.
The proposed amendment to the National Insurance Act would provide a statutory basis for the Norwegian Labor and Welfare Organisation (NO: NAV) to deduct trade union fees from certain benefits, including sickness benefit, parental benefit, pregnancy benefit, care and training benefit. This is already established practice, but the proposal would ensure a clear legal basis for making such deductions.
The Ministry also proposes amending section 4-1, seventh paragraph, of the Working Environment Act, which already authorizes the adoption of regulations on HSE card requirements in selected industries. The amendment would make it possible to issue regulations requiring contracting authorities to follow up contractors’ compliance with HSE card requirements, including through contractual terms and monitoring of compliance.
Employer implications/action needed Employers should note the NAV deduction clarification. Contracting authorities should prepare for possible HSE card follow-up duties.
Employer risk Mainly linked to increased contractor monitoring obligations.
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