Complete victory for the Medical Association in the Labour Court
Tore Lerheim and Merete Furesund from Littler have assisted the Medical Association in a tariff dispute regarding pension accrual against KS (The Norwegian Association of Local and Regional Authorities). The Labour Court upheld the Medical Association's view on pension accrual for emergency medical services work. We congratulate the Medical Association on their complete victory!
In 2015, KS and the Norwegian Medical Association agreed a supplement to the Central Federal Special Collective Agreement (SFS) 2305, through protocol addition 1. The supplement expresses that there is a right to pension accrual of standby remuneration and hourly pay for emergency medical services work.
Over time, it has become apparent that the parties disagree on the extent of this provision, and the parties have not succeeded in reaching an agreed understanding. The Norwegian Medical Association therefore saw the need for a legal clarification from the Labour Court.
The Labour Court dealt with two main issues:
- Whether hourly wages and standby remuneration are pensionable where the rates for the work are determined by a local agreement
- Whether all hourly pay for emergency medical services work is pensionable for employees who already have a 100 % position
The Labour Court ruled in favour of the Norwegian Medical Association that doctors are entitled to pension accrual for emergency medical services work in both situations.
The Labour Court found no basis in the tariff history for the parties intending to limit the right to pension accrual as KS argued. Moreover, the relevant local agreement in Voss municipality did not make an exception from Protocol Supplement 1 regarding pension accrual. The court therefore concluded that hourly wages and standby remuneration are pensionable regardless of whether the rates follow directly from SFS 2305 or a local agreement.
The Labour Court answered the question of whether all hourly wages for emergency care work are pensionable in the affirmative. This applies even if the doctor works more than a normal 100 per cent position. The court emphasised, among other things, that the opposite result would result in random effects on pension accrual, and thus also random discrimination against doctors. Furthermore, it was emphasised that GPs can be required to perform emergency duty beyond the general framework for duty of care and working hours that follows from SFS 2305.
Based on its result, the Labour Court also ruled that Voss municipality is obliged to make subsequent registration of unregistered hourly wages and standby allowance for the affected employees.
The Labour Court's decision ensures full pension accrual for work in emergency medical services, which is important for many of the Norwegian Medical Association's members. Littler thanks the Norwegian Medical Association for their trust and good co-operation.
Littler has solid experience with litigation assignments for the Labour Court. Please feel free to contact us if you need assistance in determining your organisation's collective bargaining obligations.
Tore Lerheim, partner
+47 932 59 552
Merete Furesund, partner
+ 47 957 20 050
Joakim Augeli Karlsen, partner
+47 938 43 654
