Further hiring access for healthcare personnel and consultants

In June, the government proposed strong restrictions on the right to hire workers from staffing agencies. It is expected that the proposal will be adopted within a short time. It is now planned that access to hire should not be so narrow for healthcare personnel and certain types of advisers and consultants.

On Tuesday 11 October 2022, the Ministry of Labour and Social Inclusion submitted for consultation a proposal for regulatory provisions on the hiring of health personnel and certain types of advisers and consultants. The proposal stipulates that it will still be possible to hire these groups of workers from staffing companies for work of a temporary nature - despite the fact that the government has proposed a sharp tightening of hiring access in general. The time limit for comments is 22 November 2022.

Restrictions on hiring

In June this year, the government presented a bill to tighten the right to hire workers from staffing companies (Prop. 131 L (2021–2022)). In the proposal, it is proposed to abolish the general right to hire from staffing companies for work of a temporary nature, such as, for example, seasonal work and production peaks.

The bill is being considered by the Labour and Social Affairs Committee at the Parliament (Stortinget), which will make a recommendation during November. The proposal is then expected to be adopted within a short time. It is planned that the proposed regulation on exemptions will enter into force at the same time as the amendments to the law.

The proposal for exceptions

In the bill from June, a legal provision was proposed which gives the opportunity to lay down regulations that make exceptions to the strict hiring rules in certain areas. It is this opportunity that the ministry now wishes to use. The new proposal means that:

• health personnel can be hired to ensure proper operation of the health- and care service when the work is of a temporary nature
• advisers and consultants with special expertise can be hired for a clearly defined project

Hiring of health personnel

The proposal for continued access to the hiring of health personnel is based on the need to ensure a safe and sound health service. In the consultation paper, it is emphasized at the same time that hiring access must be narrow, and that the main rule must be permanent and direct employment, also within the health sector.

According to the proposal, hiring for work of a temporary nature should only be possible when quick access to health personnel is necessary to ensure safe and sound operation. For example, this may be relevant in the event of unforeseen work peaks. If the staffing needs can be met in other ways than by hiring without affecting safe and sound operations, hiring shall not be permitted.

The proposed rule shall apply to health personnel both within the specialist health service, municipal health- and care services and private providers. The hiring employer is responsible for assessing whether hiring is actually necessary for reasons of safe and sound operation.

Hiring of advisers and consultants

Exceptions to the general hiring rules are also now proposed for advisers and consultants with special expertise. These will typically be advisers or consultants within ICT, technology, business consultancy, advertising agencies and liaison services, but also certain other groups. The exception shall apply in both the private and public sector.

The background for the exception is that many companies have a need for external advisers with expertise or specialist expertise in a certain subject area during limited periods. These are often highly competent employees who are not affected by the negative aspects of hiring in the same way as many other groups.

Here, too, however, it is planned that hiring access should be narrow, and it is emphasized that the exception should only apply to skills that the company does not normally have itself. There must also be concrete and clearly defined projects that deviate from the business's ordinary operations.

Documentation

According to the proposal, the hirer must document the basis for hire if the employee representatives ask for it. The provision therefore does not set out any general documentation obligation. Employers who hire on the basis of the new exemptions must, however, be prepared to be able to document that the use of hired workers lies within the areas to which the regulations apply and does not go further than is necessary.