Norway


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.

Employer risk N/A

Link https://www.regjeringen.no/no/dokumenter/horing-om-forslag-til-presisering-og-avgrensning-i-arbeidsmiljolovens-regel-om-midlertidig-ansettelse-for-praksisarbeid/id3061309/ (Norwegian only)

Internal age limits

Impact date: Awaited. If passed, it is expected to enter into force from 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

Link https://www.regjeringen.no/no/dokumenter/horing-forslag-om-a-avvikle-adgangen-til-bedriftsinterne-aldersgrenser-i-arbeidsmiljoloven/id3066912/ (Norwegian only)

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 labour 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

Link https://www.regjeringen.no/globalassets/departementene/aid/dokumenter/2023/horingsnotat-om-innleie-til-arrangement-.pdf (Norwegian only)

Proposal for new authorizations for the Norwegian Labour Inspection Authority

Impact date: Awaited The Ministry proposes rules to strengthen the supervisory authority of the Labour Inspection Authority, particularly aimed at situations where rogue and criminal employers actively evade the Authority’s ordinary supervisory activities.

According to the Ministry’s assessment, the review of the Authority’s existing instruments indicates that they are comprehensive and generally provide a solid foundation for conducting focused and effective supervision. However, in cases involving the most frivolous parts of the labour market, the current instruments may be insufficient. This could include employers who persist in operating in violation of suspension decisions, refuse to provide necessary information, or deliberately provide incorrect information.

Employer implications/action needed It is reasonable to anticipate that the rules aimed at strengthening the supervisory authority of the Labour Inspection Authority will not have a significant (if any) impact on employers who are already cooperating with the Authority. The proposal primarily targets the supervisory authority in relation to rouge and criminal employers.

Employer risk N/A

Link https://www.regjeringen.no/globalassets/departementene/aid/dokumenter/2024/horingsnotat-endringer-i-arbeidsmiljoloven.pdf (Norwegian only)

Proposal for amendments to the Civil Service Act

Impact date: Awaited 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

Link https://www.regjeringen.no/contentassets/6d4051b984c646f8bb1a3c178e11d005/horingsnotat_endringer_statsansatteloven24.pdf (Norwegian only)

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 potential changes to better align the Act with that 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 been 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 that review.

Employer risk N/A

Link N/A

The Working Environment Act

Impact date: Awaited The Ministry is proposing increased requirements regarding the psychosocial working environment. The changes to the legal text are intended to clarify what is expected of employers when it comes to preventing and managing psychosocial risk factors. It is proposed to include several important psychosocial working environment factors that companies should pay attention to in their preventive working environment work.

This applies to:

  • Unclear or conflicting demands and expectations
  • Emotional demands and strains when working with people
  • Workload and time pressure that result in an imbalance between the work to be done and the time available
  • Support and assistance in the work

Employer implications/action needed Increased responsibility for the employer. Implementation must be documented and new competence may be necessary.

Employer risk N/A

Link https://www.regjeringen.no/no/aktuelt/ny-side2/id3095477/

Worker status

Impact date: N/A – the ruling has been appealed The question for the District Court was whether three bicycle messengers for Wolt could be considered employees under section 1-8, first paragraph, of the Working Environment Act. The District Court considered factors such as personal labor and management through app-based management.

The majority concluded that the couriers were employees due to significant management, power imbalance and need for protection. The minority held that the couriers were contractors due to flexibility and autonomy. The plaintiffs were awarded permanent employment, back pay for overtime actually worked, holiday pay and redress.

Employer implications/action needed The assessment of the court may affect comparable business models. Companies should evaluate their practice to ensure that contractors are sufficiently independent to be considered contractors.

Employer risk Contractors may be reclassified resulting in employment rights and reimbursement claims for holiday pay, overtime, pension etc.

Link N/A

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Contact

Sten Foyn Partner


E: s.foyn@haavind.no T: +47 928 35 278

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Martin Haukland Senior Lawyer


E: m.haukland@haavind.no T: +47 414 61 776

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