Increases efforts against social dumping and work-related crime
The government's proposal for the National Budget for 2023 – Prop. 1 S (2022–2023) was presented on 6 October 2022. One of the focus areas is measures to promote a serious and well-organized working life.
In the budget proposal for 2023, the government strengthens its efforts against frivolity and social dumping with NOK 30 million. Among other things, the new millions will be used to follow up on the rules on hiring from staffing companies, where there have been several changes in the past year. As part of this, the Norwegian Labor Inspection Authority will be strengthened with NOK 25 million to be able to supervise the rules, including through a new approval scheme for staffing companies.
Action plan against social dumping and work-related crime
The allocations in the National Budget are a follow-up to the government's action plan against social dumping and work-related crime. The action plan was presented on 1 October 2022 and contains a total of 35 measures that will help to counter social dumping and work-related crime and facilitate a well-organized working life. The action plan includes measures in the following areas:
- Organized working life and strengthened tripartite cooperation
- Strengthen employee rights
- Prevent exploitation of workers
- Mobilize consumer- and purchasing power
- Increase knowledge about social dumping and work-related crime
- Control and follow-up, and interagency cooperation
- International cooperation
The government has also announced that it will present a separate action plan against social dumping in the transport industry.
Collective rights to bring an action in several types of cases
In the action plan, the government announces that it will consider so-called collective rights to bring an action in cases concerning breaches of the principle of equal treatment in hiring and illegal temporary employment. Collective rights to bring an action means that trade unions of a certain size can take legal action against an employer on their own - without the employees concerned being parties to the case.
From 1 July 2022, the collective right to bring an action applies in cases of illegal hire of labor. The signals in the action plan indicate that the current government will go one step further and introduce a corresponding right to sue if the trade unions believe there is a breach of the principle of equal treatment or the rules on temporary employment.
Changing the term employee
In both the action plan and the budget proposal, the government signals that it will present a proposal to change the term employee in the Working Environment Act within a short time. The purpose of this is to clarify the Working Environment Act's rules on who is an employee and an employer, so that employers will not be able to organize themselves away from their responsibilities.
This is a follow-up to the proposal from the majority in the Fougner committee (NOU 2021: 9). In the NOU, a rule of presumption was proposed that employee status should be used as a basis unless the employer makes it highly probable that there is an assignment relationship.
Sanctions for rule violations
As part of the follow-up to the government's action plan, the Norwegian Labor Inspection Authority is strengthened in the National Budget for 2023. The Norwegian Labor Inspection Authority has also received instructions to use infringement fees to a greater extent when the conditions warrant it and to increase the amount of the infringement fee. This should stimulate businesses to comply with the rules and give a look behind the mirror to those who operate frivolously.
