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The Storting has adopted a number of changes to its working environment regulations. Input changesinto force from the new year. Here we have collected the most important changes in the Work Environment Act and the Work Environment Regulations. Many regulatory changes are the result of the government's work in accordance with the recommendation of the Fougner Commission on the future of working life and the Norwegian model.
The changes are being made thanks to the government's work on the Norwegian model. Its aim is to promote safe and serious working life and to preserve the Norwegian model of working life.
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Here are some of the changes to working environment regulations that will come into force on January 1, 2024:
Who is considered an employee
From January 1, the Working Environment Act will define what it means to be an "employee". The change will make it easier to distinguish employees from contractors. The definition is important because the Working Environment Act and related regulations only provide rights in the employer-employee relationship.
From the new year, a given person has the status of an employee, unless the client decides that "there is a high probability that there is an engagement relationship".
Articles 1-8 of the Work Environment Act are amended.
See the article explaining the term employer
See the legislative decision describing the regulatory change (lovdata.no)
Some companies are required to have safety representatives and working environment committees
The threshold for a company to have a safety representative has been lowered from 10 to 5 employees. The starting point of the legislation is that all companies must have a safety representative, but for companies with fewer than 10 employees it is nevertheless possible to agree on other arrangements for participation. Now this option only applies to companies with fewer than 5 employees.
Moreover, from the new year, working environment committees will be established in enterprises employing more than 30 employees. In the past, this was required for companies with more than 50 employees. A working environment committee should also be established in enterprises employing 10 to 30 employees if one of the parties to the enterprise requires it.
Articles 6-1 and 7-1 of the Working Environment Act are amended. In addition, Art. is amended. 3-7 of the Regulation on organization, management and participation in such a way that it is consistent with Art. 7-1 of the Act.
Some companies are required to have safety representatives and working environment committees
The threshold for a company to have a safety representative has been lowered from 10 to 5 employees. The starting point of the legislation is that all companies must have a safety representative, but for companies with fewer than 10 employees it is nevertheless possible to agree on other arrangements for participation. Now this option only applies to companies with fewer than 5 employees.
Moreover, from the new year, working environment committees will be established in enterprises employing more than 30 employees. In the past, this was required for companies with more than 50 employees. A working environment committee should also be established in enterprises employing 10 to 30 employees if one of the parties to the enterprise requires it.
Articles 6-1 and 7-1 of the Working Environment Act are amended. In addition, Art. is amended. 3-7 of the Regulation on organization, management and participation in such a way that it is consistent with Art. 7-1 of the Act.
Questions and Answers on Regulatory Proposals for Safety Representatives
See the legislative decision describing the regulatory change (lovdata.no)
The duties of the security inspector are changing from January 1, 2024
From the turn of the year, the safety representative's responsibility for protecting the interests of employees in matters related to the work environment will also cover contract workers and independent contractors who are closely related to the business.
It is also clarified that the safety representative must ensure the psychosocial working environment of employees.
Article 6-2 of the Working Environment Act is amended.
See the news describing changes in the tasks of security officers
See the legislative decision describing the regulatory change (lovdata.no)
Employees working in group companies gain greater rights
Rights are strengthened in five areas:
- Information and discussion: A new obligation was imposed on the parent company in the group to establish a framework for cooperation, information and discussion within the group. The requirement applies to groups with companies that regularly employ at least 50 employees.
- Preferential right to new employment after dismissal: Currently, employees dismissed due to conditions at the company have a preferential right to new employment in the company. From the new year, this preferential right will be extended once the employer is part of the group. The preferential entitlement will then apply to all companies within the group. The change extends job protection in the sense that layoffs in one company in the group also affect the ability to employ new employees elsewhere in the group.
- Obligation to inform about preferential rights: In the event of dismissal, the employer will be obliged to inform about preferential rights both in its own company and in other companies in the group. The employer must also determine which companies are part of the group at the time of termination.
- Obligation to propose other suitable group work: The Working Environment Act currently contains a provision that states that in the case of dismissal due to a reduction in activity or rationalization activities, the dismissal is not substantively justified if the employer has to offer the employees another suitable job in the enterprise. From the new year, it will be the case that if the employer belongs to a group, the dismissal will not be substantively justified if another suitable job can be offered in other companies from the group.
- Clarification of the company against which the claim is directed: From the new year, the Working Environment Act provides that in the event of an employee's dispute regarding preferential group rights, the request for negotiations must be directed against the company that holds the given position, requires prior.
Articles 8-4, 14-2, 14-3, 15-4, 15-7 and 17-3 of the Working Environment Act are amended.
See the legislative decision describing the regulatory change (lovdata.no)
Extended obligation to discuss
From the new year, the obligation to discuss will be extended to the employer's use of independent contractors and the purchase of services from other entrepreneurs who influence staffing.
Until now, the employer had to discuss with shop stewards at least once a year the use of part-time work, temporary work, subletting, independent contractors and the purchase of services from other companies that have an impact on staffing. The discussion must include, among others: foundations, scope and consequences for the work environment.
The obligation to discuss has been extended also when required by one of the parties, shop stewards or the employer.
See the legislative decision describing the regulatory change (lovdata.no)
New requirements in public procurement
When purchasing construction and construction work, public enterprises are required to have contracts obliging suppliers and subcontractors to provide employees with certain wage and working conditions. From the new year, there will be several changes to the regulations on remuneration and working conditions in public procurement. Among other things, there will be a requirement for public procurement to include contractual conditions regarding:
- compulsory service retirement
- HMS card
- knowledge of languages and obligation to provide information
The provision on remuneration and working conditions in public procurement is changing in § 5
See news about the new DFØ supervisor for contract monitoring
See the amending regulation describing the regulatory change (lovdata.no)
More stringent language requirements on construction sites
There will be new requirements in the construction industry regarding language skills and information obligations. The Building Regulations from the New Year stipulated that all written documentation used in or relating to the works must be available so that the information can be clearly understood by the person.
To ensure that a lack of communication does not pose a safety risk, anyone working on a building or construction site must also be able to understand the information being communicated. The starting point is that at least one person in an individual work team must be able to understand and communicate in Norwegian or English, as well as in a language that everyone else in the work team knows. This follows from the consultation protocol on the change.
Art. is being changed. 19 of the Construction Regulations.
See news about new language and information requirements in construction
See the amending regulation describing the regulatory change (lovdata.no)
Recruitment companies must be approved
From the new year, a new approval scheme for HR companies will be introduced. Previously, there was only a requirement to register employment agencies.
From January 1, 2024, all companies with employees in Norway must apply for approval from the Norwegian Labor Inspectorate. Only recruitment companies with such a permit can legally employ workers.
This "Recruitment Firms Regulation" is hereby amended as the "Recruitment Firms Regulation".
Also read: Recruitment companies in Norway must obtain permission from the Norwegian Labor Inspectorate
Protection against sexual harassment will be strengthened
From January 1, the Work Environment Act will specify that protection against harassment will also apply to sexual harassment.
The Working Environment Act currently states that employees cannot be victims of harassment or other inappropriate behavior. While there is no doubt that current legislation also covers sexual harassment, clarification could help companies pay more attention to preventive measures against sexual harassment in the workplace.
Amendment to Article 4-3 of the Working Environment Act.
See news about changes to sexual harassment laws
See the legislative decision describing the regulatory change (lovdata.no)
The right to permanent employment after three years of temporary work
From the new year, every person who has worked in the company temporarily for more than three years will have the right to permanent employment.
Previously, the legislation required three or four years of temporary employment, depending on the basis of the temporary employment. After the change, it does not matter what the basis for temporary employment will be. After three years of temporary employment, the employee will still have the right to become a permanent employee.
§14-9 of the Working Environment Act is amended.
See the legislative decision describing the regulatory change (lovdata.no)
Access to exemptions for the use of unapproved lifting equipment for personal lifting will be discontinued
As a general rule, lifting of workers must be done using equipment approved for this purpose. Until now, the Norwegian Labor Inspectorate has had a practice of granting exemption applications for the use of unapproved equipment to carry out work that is part of the daily activities of companies. This practice will be discontinued in the new year.
Therefore, work equipment that is not designed to lift people may only be used under certain conditions or in emergency situations. From the new year, the text of the regulation specifies that emergency lifting can only be carried out when "the lifting involves little danger, is short-lived and concerns simple tasks."
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Source: Norwegian Labor Inspectorate
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