New rules on employment conditions adopted
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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
PartnerWhat 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 |
| 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]