Norway
Supreme Court ruling - No duty to consider reassignment in cases of summary dismissal (case law)
Impact date: 5 September 2025 In September 2025, the Norwegian Supreme Court unanimously confirmed that employers have no duty to consider reassignment of employees in cases of summary dismissal. This follows up on a 2024 judgment, which confirmed a limited case-based duty to consider alternative work in ordinary terminations based on employee conduct.
The judgment provides important clarification for employers: while a duty to consider reassignment exists in some termination scenarios, it does not apply where the employee’s breach of duty is so serious that summary dismissal is justified. In such cases, it is sufficient for employers to assess whether termination with notice could have been an alternative, but there is no requirement to offer other positions.
Employer implications/action needed N/A
Employer risk N/A
Internal age limits
Impact date: 1 January 2026 The Ministry is proposing an amendment to the Working Environment Act to remove the possibility of practicing a company-internal age limit of 70 years. The background to the proposal is to harmonize the age limit in the state, public and private sectors. As justification for the proposal, the Ministry has also pointed out that there are currently a number of challenges associated with the practice of company-internal age limits, including the requirement for consistent practice, which is one of the conditions for agreeing on a company-internal age limit, meaning that employers in some cases have to dismiss employees they want to keep.
Employer implications/action needed The consequence of the proposal is that the statutory scheme with a 72-year age limit will become the norm, which means that many companies will have to change their practices. The right to have special age limits based on health and safety is maintained.
Employer risk N/A
Proposal for amendments to the Civil Service Act
Impact date: 1 January 2026 The Ministry proposes the following amendments to the Civil Service Act:
- Expansion of preferential rights for part-time employees (hiring and extra shifts etc.)
- Application of Government regulations in the territory of Jan Mayen, including fixed-term employment and
- Extended right to a position in the hiring company for hired employees
Employer implications/action needed If a Government employer is considering hiring to cover a staffing need or if there are available extra shifts etc., it is important to note that part-time employees have a preferential right to an extended position. Additionally, the employer should be aware that employees who have been continuously hired by the company for more than three years are entitled to permanent employment with the hirer.
Employer risk N/A
New rules on hire in the agricultural sector
Impact date: 1 January 2026. Transitional rules will apply in the meantime.
A new provision in the Working Environment Act has been introduced that allows the Ministry to issue regulations stating that the rules on hiring from staffing companies shall not apply when agricultural companies hire relief workers from relief teams.
Employer implications/action needed It will be easier to hire from staffing agencies. Guidance will be issued.
Clarification of the rules regarding the psychosocial working environment
Impact date: 1 January 2026 Amendments to Section 4-3 of the Norwegian Working Environment Act will be introduced to clarify existing requirements and provide employers with guidance in managing psychosocial risks at the workplace. The amendments introduce a new first and second paragraph to Section 4-3. The new first paragraph clarifies that the general obligation to ensure a fully satisfactory working environment includes psychosocial factors. The new second paragraph lists non-exhaustive examples of such factors:
- Unclear or conflicting demands and expectations
- Emotional strain from working with people
- Workload and time pressure resulting in an imbalance between tasks and available time
- Support and assistance in performing work
Employer implications/action needed The stated purpose of the amendments is to raise awareness and provide clearer guidance regarding psychosocial risks in the workplace – without introducing new substantive duties or rights. However, many of the examples in the statutory text are open to subjective interpretation which may cause uncertainty and misperceptions.
Employer risk There may be a rise in whistleblowing cases or internal conflicts over perceived non-compliance.
Traineeships
Impact date: Awaited The Ministry is proposing to clarify and restrict the Working Environment Act's rule on temporary employment for "work as a trainee". The purpose of this proposal is to provide clearer legal guidelines to facilitate better understanding and implementation of the provision. The proposal also aligns with the broader trend of competence development, emphasizing the need for clarification.
The Ministry's proposal involves amending the wording to "for work as a trainee during an educational pathway". This means that the work must be carried out before the completion of the educational pathway and should provide the employee with relevant knowledge related to their education.
Additionally, the Ministry proposes introducing new regulations on temporary employment for work as a trainee, which will include specific rules for the following types of employment:
- Doctors in the initial stage of specialization (LIS 1)
- Permanently employed healthcare professionals in specialization
- Participants in municipal and county trainee programs
- Participants in introductory programs
Employer implications/action needed The proposal implies that the provision cannot be utilized for positions aimed at specialization or qualification after the completion of the educational pathway. Employers who have hired employees based on “work as a trainee” in such situations will need to discontinue this practice unless the employment falls within the proposed exceptions.
Proposal for exemption from the new hiring rules for the event industry
Impact date: Awaited
The Ministry proposes a new limited exemption from the hiring rules for undertakings in the event industry. The exemption is justified by the fact that parts of the event industry are characterized by very short-term labor needs, often only a few hours or days at a time.
Summary of the proposal:
- A regulatory authority in the Norwegian Working Environment Act that allows the Ministry to lay down special rules on temporary hiring for events, and
- A regulatory provision that allows for the hiring of employees for rigging and stage technical work for short-term and one-off events if the work is of a temporary nature
The proposal will typically apply to hiring for individual cultural events such as concerts or festivals that are organized for one day or a few days and limited events including sports. The proposal is not intended to cover situations where the hirer organizes regular events throughout the year with a need for essentially the same or similar type of rigging and stage technical work, even if the individual event itself is short-term.
Employer implications/action needed It will be easier for undertakings in the event industry to hire employees for short-term and one-off events if the work is of a temporary nature.
Employer risk N/A
The Norwegian Holiday Act
Impact date: Awaited The Ministry is currently assessing whether the Norwegian Holiday Act is compliant with the EU Working Time Directive and considering potential changes to better align the Act with the Directive.
Under the current Norwegian model, holiday pay is accrued continuously based on the received salary and paid out the following year in connection with holiday. This has the implication that employees entering the job market for the first time will not have accrued any holiday pay, and therefore not be entitled to any paid holiday in the first working year.
Employer implications/action needed Employers should monitor the progress of the Ministry’s review and be prepared to make changes to holiday pay arrangements depending on the outcome of the review.
Employer risk N/A
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