Act relating to the working environment, working hours and employment protection, etc. (Working Environment Act)

Chapter 14. Appointment, etc.

Section 14-1.Information concerning vacant posts in the undertaking

The employer shall inform the employees concerning vacant posts in the undertaking. Workers hired from temporary-work agencies shall be similarly informed.

Section 14-1 a.(Repealed)

0Repealed by the Act 17 March 2023 No. 3 (in force 1 January 2024).

Section 14-1 b.Full-time and part-time employment

(1) As a rule, an employee shall be employed full time.
(2) Before deciding on an appointment of a person to a part-time post, the employer shall document in writing the need for a part-time employment. The documentation shall be available to the employee representatives and the question of part-time employment shall be discussed with the employee representatives.

Section 14-2.Preferential right to a new appointment

(1) An employee who has been dismissed owing to circumstances relating to the undertaking shall have a preferential right to a new appointment at the same undertaking unless the vacant post is one for which the employee is not qualified. If the employer belongs to a corporate group, cf. section 8-4, fourth paragraph, the employee also has a preferential right to a new appointment with other undertakings in the group, unless the vacant post is one for which the employee is not qualified. The preferential right pursuant to the second sentence shall cease to apply if the employee does not accept an offer of other suitable work in accordance with section 15-7, third paragraph.
(2) The preferential right shall also apply to an employee who is temporarily engaged and who, owing to circumstances relating to the undertaking, is not offered continued employment. This shall not however apply to employees engaged as temporary replacements pursuant to section 14-9, second paragraph (b). The preferential right shall also apply to employees who have accepted an offer of reduced employment instead of dismissal.
(3) The preferential right applies to employees who have been employed by the undertaking for a total of at least 12 months during the previous two years.
(4) The preferential right shall apply from the date on which notice is given and for one year after the expiry of the period of notice but from the date on which notice is given and for two years after the expiry of the period of notice if the employment relationship is terminated in the period from 1 July 2021 up to and including 31 December 2021 due to the effects of Covid-19 pandemic.
(5) The preferential right shall lapse if an employee fails to accept an offer of employment in a suitable post not later than 14 days after receiving the offer.
(6) If two or more persons have a preferential claim to a post, the employer is obliged to follow the same rules for selection as apply in the event of dismissals owing to curtailed operations or rationalisation measures.
(7) The provisions of this section shall apply correspondingly to employees who have been dismissed in connection with the bankruptcy of an undertaking. This shall only apply when the undertaking is continued or resumed and, given its location, nature, extent and the like, must be regarded as a continuation of the original undertaking.
(8) The sixth paragraph shall not apply in connection with bankruptcy, public administration of the estate of an insolvent deceased person or transfer of an undertaking after debt settlement proceedings have been initiated. By agreement with the employee representatives, a different or narrower scope may be established.

Section 14-3.Preferential rights of part-time employees

(1) Part-time employees have a preferential right to an extended post rather than the employer creating a new appointment or hiring personnel in the undertaking. The preferential right may also apply to a part of a post.
(2) Part-time employees have a preferential right to extra shifts and the like in the undertaking rather than the employer employing or hiring personnel for this work. The employer can, following discussions with employee representatives, limit the scope for exercising the preferential right under this paragraph to one or more units comprising a total of at least 30 employees. According to agreement with the employee representatives, a different or narrower scope may be determined. The preferential right under this paragraph also applies to temporary part-time employees.
(3) The preferential right under this paragraph is subject to the employee being qualified for the post and exercise of the preferential right not involving significant inconvenience for the undertaking.
(4) Before making a decision concerning appointment to a post that the employee claims a preferential right to pursuant to the first paragraph, the employer shall as far as practically possible discuss the matter with the employee unless the employee does not desire this.
(5) Preferential rights pursuant to section 14-2, except for section 14-2, first paragraph, second sentence and second paragraph, first sentence, take precedence over the preferential rights of part-time employees.
(6) Disputes concerning preferential rights for part-time employees pursuant to the first paragraph shall be resolved by the Dispute Resolution Board, cf. section 17-2.

Section 14-4.Effects of a breach of the provisions concerning preferential rights

(1) If the court finds that a person with preferential rights should have been appointed to a specific post, the court shall, if so demanded by the holder of preferential rights, rule that the person concerned shall be appointed in the post unless this be found unreasonable.
(2) In the event of a breach of the provisions concerning preferential rights, an employee may claim compensation. Compensation shall be decided in accordance with section 15-12, second paragraph.

Section 14-4 a.Part-time workers' entitlement to a post equivalent to actual working hours

(1) Part-time workers who during the previous twelve months have regularly worked in excess of the agreed working hours are entitled to a post equivalent to the actual working hours during this period unless the employer can document that the additional work is no longer needed. The twelve-month period is to be calculated based on the date that the employee submitted his or her claim.
(2) Disputes concerning entitlement pursuant to this provision shall be resolved by the Dispute Resolution Board, cf. section 17-2.

Section 14-4 b.Consequences of breaches of part-time workers' entitlement to a post equivalent to actual working hours

(1) If the court concludes that a part-time worker is entitled to a post equivalent to actual working hours pursuant to the provision of section 14-4 a, the court shall if so demanded by the part-time worker rule that the person concerned shall be appointed in such a post.
(2) In the case of breaches of the provision concerning entitlement to a post equivalent to actual working hours pursuant to section 14-4 a, the employee may claim compensation.

Section 14-5.Requirements regarding a written contract of employment

(1) All employment relationships shall be subject to a written contract of employment. The employer shall draft a written contract of employment in accordance with section 14-6. An employee shall be entitled to engage the assistance of an elected employee representative or another representative both when drafting and when amending the contract of employment.
(2) In employment relationships with a total duration of more than one month, a written contract of employment shall be entered into as early as possible and seven days following the commencement of the employment relationship at the latest.
(3) In employment relationships of a shorter duration than one month or in connection with hiring out of labour, a written contract of employment shall be entered into immediately.

Section 14-6.Minimum requirements regarding the content of the written contract

(1) The contract of employment shall state factors of major significance for the employment relationship, including:
a.the identity of the parties,
b.the place of work. If there is no fixed or main place of work, the contract of employment shall provide information to the effect that the employee is employed at various locations or can freely decide on their place of work, and state the registered place of business or, where appropriate, the home address of the employer,
c.a description of the work or the employee's title, post or category of work,
d.the date of commencement of the employment relationship,
e.if the employment relationship is of a temporary nature, its expected duration and the basis for the appointment, cf. Section 14-9,
f.any provisions relating to a trial period of employment, cf. section 15-3, seventh paragraph and section 15-6,
g.the employee's right to holiday and holiday pay, the provisions concerning the fixing of dates for holidays, and any right to other paid leave from the employer,
h.the periods of notice applicable to the employee and the employer and procedure upon termination of the employment relationship,
i.the pay applicable or agreed on commencement of the employment relationship, any supplements and other remuneration not included in the pay, for example, pension payments and allowances for meals or accommodation, method of payment and payment intervals for salary payments. The different elements must be specified separately.
j.duration and disposition of the daily and weekly working hours. If the work is to be performed periodically or the daily and weekly working hours will vary, the contract of employment shall provide information to this effect, and stipulate or provide a basis for calculating when the work shall be performed.
k.length of breaks.
l.agreement concerning a special working-hour arrangement, cf. section 10-2, second, third and fourth paragraphs,
m.arrangements for shift changes, cf. section 10-3, and arrangements for work exceeding the agreed working hours, including payment for such work,
n.information concerning any collective pay agreements regulating the employment relationship. If an agreement has been concluded by parties outside the undertaking, the contract of employment shall state the identities of the parties to the collective pay agreements,
o.the identity of the hirer if the employee is hired out from a temporary-work agency. The information must be provided as soon as the identity of the hirer is known,
p.right to competence development that the employer may offer,
q.social security benefits under the auspices of the employer as well as the names of institutions that receive payments from the employer in this regard.
(2) Information referred to in the first paragraph (g) to (k) and (m), (p) and (q) may be given in the form of a reference to the Acts, regulations or collective pay agreements regulating these matters.
(3) If the employer has not stated that the employment relationship is temporary, cf. first paragraph (e) and section 14-5, it shall be assumed that the employee is permanently employed unless otherwise is considered highly probable.
(4) If the employer has not stated the scope of the post, cf. first paragraph (j) and section 14-5, the employee's claim regarding the scope of the post shall be used as a basis unless otherwise is considered highly probable.

Section 14-7.Employees posted abroad

(1) If an employee is to work abroad for a period exceeding four consecutive weeks, a written contract of employment shall be entered into before departure. In addition to information as referred to in section 14-6, the agreement must at least regulate the following:
a.the country(ies) where the work will be performed and the duration of the work to be performed abroad,
b.the currency in which remuneration is to be paid,
c.any cash benefits or benefits in kind that are associated with the work abroad,
d.the conditions relating to the employee's return journey, including coverage of expenses.
(2) When a Norwegian undertaking posts an employee to another country within the EEA in connection with the provision of a service, the information referred in the first paragraph shall also include the following:
a.the salary the employee is entitled to in accordance with the applicable law in the host country,
b.any allowances that apply specifically to the posting, and any arrangements for reimbursement of expenses for travel, board and lodging where relevant,
c.link to the single official national website established in the host country pursuant to Directive 2014/67/EU Article 5, second paragraph.
(3) Information as mentioned in the first paragraph (b) and second paragraph (a) may be given in the form of a reference to the Acts, regulations or collective pay agreements regulating these matters.

Section 14-8.Changes in the employment relationship

Changes to the employment relationship as referred to in sections 14-6 and 14-7 shall be included in the contract of employment as early as possible and not later than the date on which the change enters into force. This shall nevertheless not apply if the changes in the employment relationship are due to amendments to Acts, regulations or collective pay agreements, cf. section 14-6, second paragraph, and section 14-7, third paragraph.

Section 14-8 a.Request for more predictable and safe working conditions

(1) If an employee who works part-time or is temporarily employed requests a form of employment with more predictable and safe working conditions, the employer shall provide a written and reasoned response within one month of the request.
(2) The right to a written response under this provision applies to employees who have been employed by the undertaking for more than six months and who have completed any trial period. The right does not apply if less than six months have passed since the employee's previous request in accordance with the provision.

Section 14-9.Permanent and temporary appointment

(1) An employee shall be appointed permanently. For the purposes of this Act, a permanent appointment shall mean that the appointment is continuous and not time-limited, that the provisions of the Act concerning termination of employment shall apply and that the employee is ensured predictability of employment in the form of a clearly specified amount of paid working hours.
(2) Temporary appointment may nevertheless be agreed upon
a.when the work is of a temporary nature
b.for work as a temporary replacement for another person or persons
c.for work as a trainee
d.with participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service
e.with athletes, trainers, referees and other leaders within organised sports
(3) The Ministry may by regulation issue further provisions concerning temporary appointment for trainee work and concerning what types of labour market schemes are subject to the second paragraph (d).
(4) National unions may enter into collective pay agreements with an employer or employers' association concerning the right to make temporary appointments within a specific group of workers employed to perform artistic work, research work or work in connection with sport. If the collective pay agreement is binding for a majority of the employees within a specified group of employees in the undertaking, the employer may on the same conditions enter into temporary contracts of employment with other employees who are to perform corresponding work.
(5) An employee who has been employed for more than one year is entitled to written notification of the date on which he is to leave his post, no later than one month before that date. This shall nevertheless not apply to persons participating in labour market schemes subject to the third paragraph, cf. the second paragraph (d). Such notification shall be deemed to have been given when it is received by the employee. If the time limit is not observed, the employer may not require the employee to leave his post until one month after notification has been given.
(6) Unless otherwise agreed in writing or laid down in a collective pay agreement, temporary contracts of employment shall expire at the end of the agreed period or when the specific work is completed. During the agreement period, the provisions of this Act concerning termination of employment shall apply.
(7) Employees who have been temporarily employed for more than three consecutive years pursuant to the second paragraph (a), (b), former (f) or any of these in combination, shall be deemed to be permanently employed so that the provisions concerning termination of employment relationships shall apply. When calculating the length of employment, deductions shall not be made for the employee's absence.

Section 14-10.Fixed-term appointments

(1) The chief executive of an undertaking may be appointed for a fixed term.
(2) Appointment for a fixed term may be agreed upon when deemed necessary as a result of an agreement with a foreign state or international organisation.

Section 14-11.Effects of breaches of the provisions concerning permanent and temporary appointments

(1) In the event of a breach of the provisions of section 14-9 or 14-10, the court shall, if so demanded by an employee, decide that a permanent employment relationship exists or that the employment relationship shall continue in accordance with section 14-9, first paragraph. In special cases the court may nevertheless, if so demanded by the employer, decide that employment shall be terminated if, after weighing the interests of the parties, the court finds it clearly unreasonable that employment should continue.
(2) In the event of a breach of the provisions of section 14-9 or 14-10, the employee may claim compensation. Compensation shall be decided in accordance with section 15-12, second paragraph.

Section 14-12.Hiring workers from undertakings whose object is to hire out labour (temporary-work agencies)

(1) Hiring workers from undertakings whose object is to hire out labour shall be permitted to the extent that temporary appointment of employees may be agreed pursuant to section 14-9, second paragraph (b) to (e).
(2) In undertakings bound by a collective pay agreement concluded with trade unions with the right of nomination pursuant to the Labour Disputes Act, the employer and the elected representatives who collectively represent a majority of the employees in the category of workers to be hired may enter into a written agreement concerning the hiring of workers for limited periods notwithstanding the provisions laid down in the first paragraph. In response to an enquiry from the Norwegian Labour Inspection Authority, the undertaking and the temporary work agency shall provide documentation that the hirer undertaking is bound by a collective agreement Concluded with trade unions with the right of nomination and that an agreement has been entered into with the employees' elected representatives as referred to in the first sentence.
(3) Any temporary worker who has been hired continuously according to this section for more than three years has the right to permanent employment with the lessor so that the rules on termination of employment apply. In the calculation, no deduction shall be made for the temporary worker's absence.
(4) When assessing whether a service agreement between two undertakings involves hiring personnel, particular emphasis shall be placed on whether the client oversees the work and is responsible for the result. Other relevant factors include whether the agreement mainly concerns the supply of labour, whether the work takes place in close connection with the client's activities, whether the work covers ongoing labour needs by the client and whether the work takes place within the client's core or main activity
(5) The Ministry may by regulation prohibit the hiring of certain groups of workers or in certain sectors when so indicated by important social considerations.
(6) The Ministry may by regulation issue rules on the time-limited hiring of health personnel to ensure proper operation of the health and care service, and the time-limited hiring of special expertise, which deviate from the provision of the first paragraph.

Section 14-12 a.Equal treatment regarding pay and working conditions in connection with the hiring out of workers by temporary-work agencies

(1) The temporary-work agency shall ensure that the workers that it hires out are at least given the conditions that would have applied if the worker had been recruited directly by the user undertaking to perform the same work regarding:
a.the length and placement of working hours,
b.overtime work,
c.the length and placement of breaks and rest periods
d.nightwork,
e.holidays, holiday pay, days off and remuneration for such days, and
f.pay and coverage of expenses.
(2) Temporary agency workers shall be given access to the user undertaking's collective amenities and facilities on equal terms with direct employees of the user undertaking unless otherwise objectively justified.
(3) The Ministry may in regulations decide whether and to what extent the provisions concerning equal treatment may be derogated from in collective agreements. The general worker protection provisions must in all cases be respected.

Section 14-12 b.The obligation to provide information and the right of access to information when hiring workers from temporary- work agencies

(1) When hiring temporary agency workers, the user undertaking must provide the temporary-work agency with the information necessary for compliance with the equal treatment requirement in section 14-12a.
(2) When so requested by a temporary agency worker, the temporary-work agency must provide the worker with the information necessary to assess whether his or her pay and working conditions comply with the equal treatment requirement in section 14-12a.
(3) When so requested by the user undertaking, the temporary-work agency shall provide documentation of the pay and working conditions agreed with a worker hired out to the user undertaking.
(4) When so requested by the employees' elected representatives at the user undertaking, the user undertaking must provide documentation of the pay and working conditions agreed between a temporary agency worker and that person's employer.
(5) The obligation to provide information pursuant to the third and fourth paragraphs applies only to conditions referred to in section 14-12a, first paragraph. Temporary-work agencies, user undertakings and employees' elected representatives who receive information pursuant to this provision have a duty of confidentiality regarding the information. The information may only be used for ensuring or investigating compliance with the equal treatment requirement in section 14-12a or for meeting obligations pursuant to this provision.
(6) The Ministry may in regulations lay down further provisions concerning the right of access to information, the duty to provide information and the duty of confidentiality pursuant to this section, and on the duty of confidentiality for temporary agency workers. The Ministry may in regulations also lay down provisions concerning the use of advisers and their duty of confidentiality.

Section 14-12 c.Joint and several liability for user undertakings

(1) Pursuant to section 14-12, user undertakings shall be liable in the same way as an unconditional guarantor for payment of wages, holiday pay and any other remuneration pursuant to the principle of equal treatment laid down in section 14-12 a, including claims arising from collective agreements as referred to in section 14-12 a, third paragraph. In connection with joint and several liability pursuant to the first sentence, user undertakings shall also be jointly and severally liable for holiday pay earned in connection with the claim.
(2) The worker must submit his or her claim in writing to the jointly and severally liable party within a time limit of three months after the due date of the claim. The jointly and severally liable party shall pay in accordance with the claim at the latest three weeks after it is received.
(3) The jointly and severally liable party may refuse to cover the claim if the worker was aware that the condition for the assignment was that wages, etc., pursuant to the principle of equal treatment, should wholly or partly be covered by the jointly and severally liable party.
(4) Joint and several liability does not apply when bankruptcy proceedings have been instituted against the temporary-work agency.

Section 14-13.Hiring workers from undertakings other than those whose object is to hire out labour

(1) Hiring workers from undertakings other than those whose object is to hire out labour shall be permitted when the hired employee is permanently employed by the lessor. So that an undertaking may be said not to have the object of hiring out labour, hiring out must take place within the main areas of activity of the lessor and not more than 50 per cent of the permanent employees of the lessor must be engaged in the hiring activity. Before a decision is taken in respect of such hiring, the hirer shall consult with the elected representatives who collectively represent a majority of the employees in the category of workers to be hired.
(2) In the case of hiring more than 10 per cent of the hirer's employees, but not fewer than three persons, or for more than one year, a written agreement shall be concluded with the elected representatives who collectively represent a majority of the employees in the category of workers to be hired. This provision does not apply to the hiring of employees within the same corporate group
(3) If so requested by elected representatives of the category of work to which the hiring applies, the employer shall provide evidence that the conditions for hiring pursuant to the first paragraph are satisfied.
(4) The Ministry may by regulation prohibit the hiring of certain groups of employees or employees in certain sectors when so indicated by important social considerations.
(5) Section 14-12, fourth paragraph applies correspondingly.

Section 14-13 a.Hiring of relief workers from relief work teams

The Ministry may issue regulations stipulating that the rules for hiring from temporary work agencies shall not apply when agricultural enterprises hire relief workers from relief work teams, and stipulate special rules for such hiring.

Section 14-14.Consequences of unlawful hiring of employees

(1) In the event of a breach of the provisions of section 14-12, the court shall, if so demanded by the hired employee, decide that the hired employee has a permanent employment relationship with the hirer in accordance with section 14-9, first paragraph. In special cases, the court may nevertheless, if so demanded by the hirer, decide that the hired employee does not have a permanent employment relationship if, after weighing the interests of the parties, it finds that this would be clearly unreasonable.
(2) In the event of a breach of the provisions of section 14-12, the hired employee may claim compensation from the hirer. Compensation shall be decided in accordance with section 15-12, second paragraph.

Section 14-14 a.Discussion concerning employment

The employer shall, at least once a year, or when one of the parties so requires, discuss with the elected representatives the use of part-time, temporary employment, hiring, independent contractors and purchases of services from other undertakings that have consequences on staffing. Among other things, the discussion must include the basis, scope and consequences for the working environment. When hiring from temporary work agencies, the manner in which the requirement for equal treatment will be practiced shall also be discussed, cf. section 14-12 a.

Section 14-15.Payment of salary and holiday pay

(1) Unless otherwise agreed, salary shall be paid at least twice a month. The date of payment of holiday pay is regulated by the Holiday Act.
(2) Salary, including holiday pay and other remuneration, shall be paid from the employer to the employee's account via a bank or undertaking entitled to operate a payment service. However, the first sentence does not apply if such a method of payment is impossible or extremely difficult for the employee or the employer.
(3) No amounts may be deducted from pay except:
a.when authorised by law,
b.in respect of employees' contributions to service pension schemes subject to the Company Pensions Act, the Contributory Pension Schemes Act or public service pension schemes,
c.when stipulated in advance by a written agreement,
d.when a collective pay agreement provides for the withholding of trade union dues including premiums for group insurance linked to trade union membership or contributions to information and development funds or low-income funds,
e.in respect of compensation for damage or loss suffered by the undertaking, and caused wilfully or by gross negligence on the part of the employee in connection with the work, when the employee has acknowledged his liability in writing or it has been established by a court decision, or when the employee unlawfully terminates his employment,
f.when, owing to current routines for calculation and disbursement of pay, it has in practice been impossible to take account of absence due to work stoppages or lockouts during the accounting period.
(4) Deductions in salary or holiday pay pursuant to the third paragraph (c), (e) and (f) shall be limited to that part of the claim which exceeds the amount reasonably needed by the employee to support himself and his household.
(5) Before effecting deductions pursuant to the third paragraph (e), the employer shall discuss the basis for and the amount of deduction with the employee and with the employees' elected representatives unless the employee himself does not desire this.
(6) At the time of payment or immediately thereafter, the employee shall receive a written statement of the method used for calculating the pay, the basis on which the holiday pay is calculated, and any deductions made.

Section 14-16.Staff rules

(1) Industrial, commercial and office undertakings employing more than 10 persons shall have staff rules for those employees who do not hold leading or supervisory positions. The Ministry may decide that staff rules shall be established for undertakings and employees other than those mentioned above. Such rules shall contain the necessary code of conduct and rules relating to working procedures. Such rules must not contain provisions contrary to this Act.
(2) Staff rules may not stipulate fines for breach of the rules. Staff rules may be established for undertakings other than those covered by the first paragraph above. In that event, sections 14-17 to 14-20 shall apply correspondingly.

Section 14-17.Establishment of staff rules

(1) At undertakings bound by a collective pay agreement, the employer and the elected representatives of the employees may establish staff rules by written agreement. If such an agreement is binding upon a majority of the employees, the employer may make the staff rules applicable to all employees in the sectors of work covered by the agreement.
(2) When the provisions of the first paragraph are not applied, staff rules are not valid unless approved by the Labour Inspection Authority. Rules shall be drafted by the employer, who shall negotiate with the employee representatives concerning the provisions of the staff rules. In the case of undertakings bound by a collective pay agreement, the employer shall negotiate with the employees' elected representatives. Otherwise, the employees shall appoint five representatives with whom the employer shall negotiate. If divergent rules are proposed by the employees' representatives, such rules shall be enclosed with the draft submitted by the employer for approval. If the employees' representatives fail to negotiate concerning the rules, this shall be stated by the employer when he submits the draft for approval.
(3) The staff rules shall be posted at one or more conspicuous places in the undertaking and be distributed to each employee to whom the rules apply.

Section 14-18.Time limit for submitting staff rules

The employer shall take the initiative to have rules established by agreement pursuant to section 14-17, first paragraph, or have rules drafted pursuant to section 14-17, second paragraph, as soon as possible. Rules drafted pursuant to section 14-17, second paragraph, shall be submitted to the Labour Inspection Authority not later than three months after the undertaking commences operations.

Section 14-19.Validity of staff rules

(1) Staff rules are valid only when established in a lawful manner and when they do not contain provisions contrary to the Act.
(2) If rules drafted pursuant to section 14-17, second paragraph, contain provisions that are contrary to the Act or are unfair to employees or if the rules were not drafted in a lawful manner the Labour Inspection Authority shall refuse approval.
(3) If rules established by agreement pursuant to section 14-17, first paragraph, contain provisions that are contrary to the Act, the Labour Inspection Authority shall bring this to the attention of the parties and ensure that the provisions are amended.

Section 14-20.Amendments to staff rules

The provisions of sections 14-16 to 14-19 shall apply correspondingly when the staff rules are amended or supplemented.