A store clerk worked in various positions at a hardware store for about six years. After an apprenticeship, he worked as an on-call substitute for around a year. He was then hired in a 10% part-time position, with a weekly work time of 3.75 hours. As he frequently worked more than that, the position increased to 20% and later to 60%. However, even then, he often chose to work beyond the agreed 22,5 hours per week.
His right to overtime was subject to a collective agreement. Accordingly, he was entitled to overtime pay only when his working hours exceeded the full-time norm. In brief, that either required him to work more than 37.5 hours per week or more than 9 hours per day. Unless he reached either of those thresholds, he was compensated with his normal hourly rate.
The District Court concluded that the overtime conditions for part-time employees were discriminatory. The reason was that it created inequality to give part-time and full-time employees the same access. For that reason, the employee was entitled to overtime pay the moment he worked beyond the agreed working time.
In contrast, the District Court found that there was no basis for discrimination regarding his time as an on-call substitute. The nature of the work under the temporary on-call setup was not comparable to that of a full-time employee. Consequently, the employee could not claim overtime for all hours worked as an on-call substitute.
iuno’s opinion
Although the case has been appealed, it exposes many companies to the risk of significant economic claims. The reason is that most collective agreements include similar terms regarding overtime pay. In the same manner, companies that are not covered by a collective agreement may have similar rules in place. Enforced by EU law and, most recently, by a similar case in Denmark, these frameworks now carry liability. We have written more about the cases here and here.
iuno recommends carefully addressing working time and overtime rules within the business. Part-time employees should work the number of hours agreed to avoid overtime, to the extent possible. Moreover, companies should reconsider overtime conditions that operate based on a full-time norm. Companies faced with compensation claims for overtime worked in accordance with a collective agreement should consider whether the claim can be directed at the employer’s organisation.
[Søndre Østfold District Court judgment of 25 February 2026 in case TSOS-2025-121698]