Access to the workplace
The Norwegian Supreme Court will soon make a decision that may be of significant importance to the Labor Code. It is currently deciding whether commuting to the workplace should be considered working time. Concrete cases where this interpretation of the rules should be used are also considered. So far, only EFTA has issued an order on this matter.
Request for help to EFTA
In 2016, the Supreme Court asked the Court of the European Free Trade Association (EFTA) for help in interpreting the provisions on business trips. So far, when an employee has been instructed to go to another city to perform professional activities, time has passed commuting time was not treated as time spent on work. However, this may change soon.
There is an EFTY resolution
EFTA stated in its decision that the time of commuting to work in a situation where an employee has been posted on a business basis to a place other than where he or she is registered or resides permanently, should be treated as working hours. The issued decision is legally binding in EU directives. Norway has to comply with them by mutual agreement. This is why the Supreme Court has dealt with this issue.
How to set up a company in Norway?
It is worth mentioning that factors affecting the comfort of the trip are irrelevant. As long as travel is necessary to perform the duties entrusted by the employer. Time the employee's time allocated for this should be interpreted as working time. This approach to regulations may result in profound changes in the Labor Code. Therefore, Norwegian employers are eagerly awaiting the Supreme Court's decision.
The Supreme Court's decision is already in the summer
Such a decision is to be made already in the summer. The Supreme Court began analyzing the current legal status at the beginning of May. Due to the complexity of the regulations and many possible cases, it takes several months to process a case. Clear interpretations must be issued to avoid possible misunderstandings and doubts on the part of employers and employees.
Access to the workplace. Financial Consequences
If the Supreme Court's ruling is consistent with what EFTA decided. This can mean serious financial consequences for both employers and employees. Simultaneously such a decision will force profound changes in the Labor Code and in tariff agreements. It may soon turn out that an employee living in Oslo will be delegated to work in Trondheim. He will then receive additional remuneration for making a 14-hour round trip. That's why this issue is generating so much excitement on both sides.
