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New rules on employment conditions adopted

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Legal news
calendar 28 January 2024
globus Norway

The Norwegian Parliament has recently adopted new rules on employment conditions. The new rules will enter into force on 1 July 2024. The new rules result from the so-called EU directive on transparent and predictable working conditions, which was adopted to increase the level of protection for employees. With the new rules, companies must prepare for changes to information obligations and stronger rights for employees.

Technological developments and numerous new employment forms have created a need to increase the level of protection for employees. This is especially important for employees with unpredictable working conditions.

The new rules introduce stricter information requirements and a new set of minimum rights for employees. The new rules are introducing new rights, obligations as well as changes to existing requirements.

Technological developments and numerous new employment forms have created a need to increase the level of protection for employees. This is especially important for employees with unpredictable working conditions.

The new rules introduce stricter information requirements and a new set of minimum rights for employees. The new rules are introducing new rights, obligations as well as changes to existing requirements.

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Anders

Etgen Reitz

Partner

Sofie

Aurora Braut Bache

Managing associate

What are the new information requirements?

What are the new information requirements?

  Existing rules New rules
Name and address

Name and address of the parties

Start date and place of work

Start date and the fixed, primary or, if relevant, different place(s) of work, as well as the registered place of business or address

+ if the employee can freely choose the place(s) of work

Tasks

Description of the tasks, job title, position, or job category

Working time

The normal daily and weekly working time, overtime and, if relevant, periodical work and special working hour arrangements and the basis for the calculation

+ if the daily and weekly working time will vary, the basis of the calculation

Remuneration

The agreed salary, add-ons, and other salary components, as well as the method of payment and when the remuneration is paid

Paid absence

Right to holiday and holiday pay, and the rules on fixing the dates for holiday

+ right to other paid leave

Education

Right to education offered by the company, if relevant

Duration

Notice of termination, agreed probationary period if any and, if relevant, the duration and basis of temporary employment

+ procedure in the event of termination

Social security

The company’s social security obligations and the identity of institutions to which the company makes social security contributions

Temporary agency worker

Identity of the user company, as soon as the identity is known

Collective agreements

The collective agreement and identity of the parties, if relevant

What is new regarding the format of information?

What is new regarding the format of information?

  Old rules New rules
Format

Written employment agreement on paper or electronically with electronic signature

Special requirements for electronic format

Written text that is readable and available

+ adequate solutions for saving and authentication

Deadline

As soon as possible and within one month

As soon as possible and within seven days

Deadline for changes

As soon as possible and within one month

As soon as possible and upon taking effect, at the latest

Other rights

The EU directive gives employees across the EEA several new rights. However, some of the new rights are already established in Norway and the implementation will not lead to any change.

Other rights

The EU directive gives employees across the EEA several new rights. However, some of the new rights are already established in Norway and the implementation will not lead to any change.

Theme Rights
Side jobs

No change from current rules. Employees have the right to side jobs, unless special exceptions apply

Posted workers

Right to additional information before departure in case of a posting that exceeds four consecutive weeks

Conditions for probationary period

A probationary period of up to six months may be agreed. In the case of temporary employment, the probationary period may not exceed half the length of the employment relationship but can never be more than six months. A new probationary period cannot be imposed on an employee who starts in a new, largely similar position in the same company

Unpredictable working time

No change from current rules. The company must comply with a number of conditions and deadlines. Employees can refuse work that has not been agreed

Cancellation of tasks

No change from current rules. All agreements are binding, and cancellation of agreed work must follow the general rules on termination. The validity of conditional agreements is not regulated

On-call work

No change from current rules. Zero-hour contracts are not legal in Norway. All employment relationships that are not permanent must comply with the basis for temporary employment

Transition to predictable working time

Right to request predictable working time
after six months of employment

Mandatory training

No change from the current rules. Mandatory training that is the responsibility of the company is recognised as working time with a requirement for salary

Presumption of permanent employment and scope of employment

It is assumed that the employee is a permanent employee with the employee's alleged scope of employment unless otherwise stated in the employment contract

IUNO's opinion

Companies must comply with the new rules for employees starting work from 1 July 2024. However, for existing employees, there is only a requirement to provide the missing information upon request. In this case, companies must provide the information within two months.

IUNO recommends that companies update their standard employment contracts to be ready for new hires and prepare the necessary information for the existing employees. This is recommended even if the existing employees do not request it. If the information is not given and the missing information leads to a dispute, the company will bear the risk of lack of clarity in the agreement.

[Act 8 (2023-2024) amending the Act on the working environment, working hours and job protection, etc. of 15 December 2023]

IUNO's opinion

Companies must comply with the new rules for employees starting work from 1 July 2024. However, for existing employees, there is only a requirement to provide the missing information upon request. In this case, companies must provide the information within two months.

IUNO recommends that companies update their standard employment contracts to be ready for new hires and prepare the necessary information for the existing employees. This is recommended even if the existing employees do not request it. If the information is not given and the missing information leads to a dispute, the company will bear the risk of lack of clarity in the agreement.

[Act 8 (2023-2024) amending the Act on the working environment, working hours and job protection, etc. of 15 December 2023]

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