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

Chapter 17. Disputes concerning working conditions

Section 17-1.Disputes concerning working conditions

(1) In legal proceedings concerning rights or obligations pursuant to this Act, the Courts of Justice Act and the Dispute Act shall apply in addition to the special provisions laid down in this chapter.
(2) In connection with the legal proceedings, the court may also consider claims concerning the settlement of pay and holiday pay. The same shall apply to other claims in connection with or in the place of claims that may be submitted pursuant to the first paragraph in so far as these do not constitute a major inconvenience to the legal proceedings concerning the matter. The decision of the court pursuant to the preceding sentence may not be contested.
(3) Claims that are the subject of negotiations pursuant to section 17-3, claims as referred to in section 17-1, second paragraph, or claims that have been reviewed by a Dispute Resolution Board pursuant to section 17-2, shall not be subjected to mediation by a Conciliation Board. Mediation by the Conciliation Board does not take place in cases pursuant to section 17-1, fifth paragraph.
(4) In the case of legal proceedings subject to section 17-4, first paragraph, the court shall expedite the case as much as possible and if necessary fix a time for sitting out of turn.
(5) A trade union that has members in an undertaking that has hired personnel from a temporary-work agency, cf. section 14-12, can institute legal proceedings in its own name regarding the legality of such hiring. In connection with such a case, both parties will have the right to request mediation according to the rules of section 17-3.

Section 17-2.Dispute Resolution Board

(1) Disputes as referred to in sections 8-3, 10-13, 12-14, 14-3, first paragraph and 14-4 a may be brought before a Dispute Resolution Board for decision.
(2) A dispute may not be brought before the courts until it has been reviewed by the Board and a decision has been made by the Board. When the dispute is reviewed by a court of law, the conclusion arrived at by the Board shall stand while the matter is under review. If this would have unreasonable consequences, the court may, if so demanded by either of the parties, decide upon another temporary arrangement.
(3) The time limit for bringing the dispute before the courts is eight weeks from the date the party is notified of the Board's decision.
(4) If legal proceedings are not instituted within the time limit, the decision shall have the same effect as a legally enforceable judgment and can be executed according to the rules for judgments. The Board may grant reinstatement following a breach of the time limit pursuant to the provisions of sections 16-12 to 16-14 of the Dispute Act. An administrative decision concerning reinstatement may be submitted to the district court.
(5) The Ministry may issue regulations concerning the appointment of the members of the Board and concerning the Board's composition and procedure.

Section 17-2 a.Time limit for submission of matters to the Dispute Resolution Board

(1) A matter may be brought before the Dispute Resolution Board at the latest four weeks following receipt by the employee of the employer's written rejection. The time limit shall be calculated and interrupted in accordance with the provisions of Chapter 8 of the Courts of Justice Act.
(2) In educational leave cases, matters may be brought at the latest four weeks following the expiry of the employer's time limit for reply pursuant to section 12-11, fifth paragraph, if the employer has not replied within the time limit.
(3) Matters concerning the right to partial leave of absence pursuant to section 12-6 shall be considered even though the four-week time limit has expired if failure to observe the time limit is due to childbirth or taking over of care of an adoptive child or foster child. The matter must in such case be brought as soon as possible after the childbirth or taking over of care.

Section 17-2 b.Rehearing

(1) Enforceable rulings and decisions of the Board may be reheard following a petition by one of the parties if
a.the impartiality requirement in section 6 of the Public Administration Act has been breached
b.some other administrative error has been made and the possibility cannot be excluded that the error was determinative of the content of the administrative decision in question
c.information concerning factual circumstances unknown at the time the case was decided indicates a strong likelihood that the administrative decision would have been different.
(2) A case may not be reheard
a.for a reason that was rejected when the case was processed
b.for a reason the parties should have cited during the ordinary processing of the case, in proceedings before the district court or in an application for reinstatement
c.if it is highly likely that rehearing the case will not result in a change of significance to the applicant.
(3) An administrative decision concerning rehearing may be made by the chair of the Board.
(4) A refusal of an application for rehearing may be submitted to the district court. The provisions of Chapter 31 of the Dispute Act shall otherwise apply in so far as they are relevant.
(5) If the Board decides that a case is to be reheard, the applicant is entitled to reimbursement of legal costs pursuant to the provisions of section 36, first paragraph, of the Public Administration Act. Section 36, second paragraph of the Public Administration Act does not apply.

Section 17-2 c.Correction and supplementary decisions

(1) The Board may correct an administrative decision that clearly does not reflect the Board's opinion due to a typographical or calculation error, a misunderstanding, an omission or a similar clear error.
(2) If no decision has been made on a matter that should have been decided, a supplementary decision may be issued if so requested within the time limit for submitting the case to the district court, cf. section 17-2, third paragraph.
(3) An administrative decision pursuant to the first or second paragraph may be made by the chair of the Board.
(4) Sections 19-8 and 19-9 of the Dispute Act apply otherwise correspondingly.

Section 17-3.The right to demand negotiations

(1) An employee who wishes to claim that a dismissal with notice or summary dismissal is unlawful, that it is a breach of the provisions of this Act concerning preferential rights or that an unlawful temporary appointment, hiring or suspension has been made may demand negotiations with the employer. The same shall apply if the employee wishes to claim compensation on grounds of circumstances as referred to in the first sentence.
(2) An employee who wishes to demand negotiations must notify the employer of this in writing within two weeks. The time limit for demanding negotiations shall run from:
a.the date of a dismissal with notice or summary dismissal,
b.the date the employer rejected a claim from an employee concerning the preferential right to a new post,
c.the date an employee terminated employment in the case of a dispute as to the lawfulness of a hiring or temporary appointment, or
d.the date on which a suspension is revoked.

In a dispute as to the lawfulness of a hiring, temporary appointment or suspension, there is no time limit for demanding negotiations.

(3) The employer shall ensure that a meeting for negotiations is held as early as possible and, at the latest, within two weeks of receiving the request.
(4) If an employee institutes legal proceedings or notifies the employer that legal proceedings will be instituted when no negotiations have been conducted, the employer may demand negotiations with the employee. A demand for negotiations shall be submitted in writing as soon as possible and not later than two weeks after the employer is notified that legal proceedings have been or will be instituted. The employer shall ensure that a meeting for negotiations is held in accordance with the provision laid down in the preceding paragraph. If legal proceedings are instituted, the employer shall notify the court in writing that negotiations will be conducted. An employee is obliged to attend the negotiations.
(5) Employees and employers shall be entitled to engage the assistance of an adviser during the negotiations. The negotiations must be completed not later than two weeks after the date of the first negotiation meeting unless the parties agree to continue the negotiations. Minutes shall be kept of the negotiations, which shall be signed by the parties and their advisers.
(6) In a dispute concerning hiring, demands for negotiations shall be made to the hirer. The provisions of this section concerning the employer shall apply correspondingly to the hirer.
7) In disputes relating to preferential rights pursuant to section 14-2, first paragraph, second sentence, demands for negotiations shall be directed towards the company that has the post the employee considers to be entitled to preferential treatment for. The provisions laid down regarding the employer in this section shall apply correspondingly for such companies.

Section 17-4.Time limits for instituting legal proceedings in disputes concerning dismissal with notice, summary dismissal, suspension, etc.

(1) In a dispute as to whether dismissal with notice, summary dismissal, a breach of the provisions of this Act concerning preferential rights or the lawfulness of a temporary appointment, hiring, or suspension, the time limit for instituting legal proceedings shall be eight weeks. If an employee claims compensation only, the time limit for legal proceedings shall be six months. In individual cases, the parties may agree upon a longer time limit for initiating legal proceedings.
(2) The time limit for initiating legal proceedings pursuant to the first paragraph shall run from the conclusion of negotiations. If negotiations are not conducted, the time limit shall run from the dates referred to in section 17-3, second paragraph.
(3) In the event of legal proceedings being initiated pursuant to section 17-1, fifth paragraph, the time limit for initiating legal proceedings regarding individual claims for compensation for the named individuals the case concerns is interrupted from the date of the legal proceedings pursuant to section 17-1, fifth paragraph and until a final and enforceable judgment is served.
(4) If the employer's dismissal with notice or summary dismissal does not meet the formal requirements laid down in section 15-4, first and second paragraphs, there shall be no time limit for initiating legal proceedings.
(5) In a dispute as to the lawfulness of a temporary appointment, hiring or suspension, there shall be no time limit for initiating legal proceedings.
(6) The employee's right to remain in his post pursuant to section 15-11 shall apply if legal proceedings are instituted before the expiry of the notice period and within eight weeks of the conclusion of negotiations or date of dismissal. The same shall apply if an employee before the expiry of the notice period notifies the employer in writing that legal proceedings will be instituted within eight weeks. The time limits shall not apply if the employer's notice of dismissal does not meet the formal requirements laid down in section 15-4, first and second paragraph, cf. the third paragraph of this section. The court may decide that the employment shall continue, cf. section 15-11 (3), if legal proceedings so claiming are instituted within eight weeks from the date of termination of the employee's post or the conclusion of negotiations.
(7) The time limit for filing an action according to the first paragraph is interrupted if the dispute is brought before the Equality and Anti-Discrimination Tribunal.

Section 17-5.Extension of time limits and reinstatement of cases in respect of dismissal during sickness, pregnancy, parental leave, military service, etc.

(1) In a dispute as to the lawfulness of a dismissal pursuant to section 15-8, the time limit for demanding negotiations or instituting legal proceedings shall run from the date of expiry of the prohibition against dismissal pursuant to section 15-8, first paragraph.
(2) In the case of dismissal during absence owing to a child's or childminder's sickness pursuant to section 12-9 or absence owing to care of close relatives and/or other close persons pursuant to section 12-10, the time limit for demanding negotiations or instituting legal proceedings shall be extended by the number of days an employee was absent after the date of dismissal.
(3) In the case of dismissal during leave in connection with pregnancy, childbirth, adoption or responsibility for the care of small children pursuant to sections 12-1 to 12-6 or during a leave of absence in connection with military service, etc. pursuant to section 12-12 the court may grant reinstatement of the case if the time limit for demanding negotiations or for instituting legal proceedings is exceeded if the employee so requests and the court finds it reasonable.

Section 17-6.Panels of lay judges

For each county, the Norwegian Courts Administration shall appoint one or more special panels of lay judges with a broad knowledge of industrial life. At least two-fifths of the lay judges in each panel shall be appointed on the recommendation of the employers' organisation and at least two-fifths shall be appointed on the recommendation of the employees' organisation.

Section 17-7.Appointment of lay judges

(1) For the main hearing and for hearing in the Court of Appeal the court shall sit with two lay judges.
(2) Lay judges shall be appointed on the recommendation of the parties from the panel of lay judges appointed pursuant to section 17-6. In cases before the Court of Appeal, the lay judges are taken from the panels appointed within the district of the court.
(3) Each party proposes one-half of the number of lay judges included in an individual case. If the proposals from the parties are not available within the time limit stipulated by the judge, the judge may appoint lay judges pursuant to section 94 of the Courts of Justice Act. The same applies if several plaintiffs or defendants fail to agree on a joint proposal.
(4) Nevertheless, the court may sit without lay judges if the parties and the court are agreed that lay judges are unnecessary.