Labour Law Annual Cavalcade
At Littler, we are always up to date on the latest in labour law. As 2023 draws to a close, we summarise the most important news in the field of employment law in the past year and share some thoughts on what we can expect in the new year ahead.
Lots of news in 2024 too
2024 is set to be another year in which it will be important to keep track of regulatory changes and make the necessary adjustments in your organisation. Major and complicated topics such as special age limits and pensions are on the government's agenda in the coming year. In addition, changes are expected in the civil service system in the state, further tightening of hiring rules, a review of the system of the Holiday Act, new measures to combat work-related crime and stricter penalties for violations.
New requirements for whistleblowing in pipeline
From 2024, European organisations must have new and more comprehensive routines and channels for internal whistleblowing. In 2024, Norway is also expected to adopt new whistleblowing rules. Read the survey of whistleblowing rules in Europe, which we conducted with German vangard | Littler.
Read more here.
Tightening of regulations for hiring
One of the most controversial topics in 2023 has been the rules on hiring from staffing agencies. As a result of the tightening of the rules, hiring is now only permitted if the company needs temporary staff, if they are healthcare professionals or consultants, or if the company is bound by a collective agreement with a major trade union and has an agreement in place. Earlier this year, the much-publicised total ban in the building and construction industry in Oslo and Viken was introduced. 2023 will be rounded off with a new authorisation scheme for staffing agencies.
2024 is set to be another year in which the hiring rules will be in focus. It is still unclear whether the temporary exemption for short-term events will be made permanent. In addition, several lawsuits are pending regarding the new hiring rules, and this summer ESA opened a case against Norway. A majority in the Norwegian Parliament has asked the government to remove further loopholes in the hiring rules by clarifying the concept of shop steward/employee representative in the Working Environment Act.
New rule for employee status
From the new year, the new presumption rule in the Working Environment Act comes into force. The rule means that in case of doubt as to whether the person in question is an employee or an independent contractor, it will be assumed that persons engaged by the organisation are employees. Organisations must therefore be aware of how they write and practice contracts with independent contractors.
The concept of employee in the Working Environment Act has also been amended with the aim of preventing "misclassification" of employees by clarifying what distinguishes employees from contractors.
Read more here.
Obligations for employers in groups
From the new year, employers in groups will have new obligations when carrying out reorganisations and downsizing. Among other things, the obligation to offer employees other suitable work is extended to apply to the entire group, provided that there is no vacant work in the employer company.
On top of this, a duty to inform and discuss at group level is introduced if changes in the company affect employees in several of the Norwegian group companies.
Read more here.
More organisations must have safety representatives and working environment committees
More organisations must have safety representatives in place from 2024. Today, employers with fewer than ten employees can agree with their employees that no safety delegate will be appointed in the organisation. From the new year, this limit will be lowered to five employees. The limit for organisations that must have a working environment committee will also be lowered to 30 employees from the new year.
Read more here.
Duty to consult is extended
From the new year, employers' annual obligation to discuss the use of part-time and temporary employment with employee representatives will be extended to include agency workers, independent contractors, and the use of contractors. The discussions must include the basis, scope, and consequences for the working environment.
New requirements for labour agreements
From the new year, all companies should start updating all employment contracts and templates for new hires and promotions. The new requirements include more details than before regarding working hours, salary, and other terms of employment. Failure to provide information about the duration or scope of employment for temporary and part-time employees may result in a requirement for permanent employment. It will no longer be permitted to agree on a new probationary period. For temporary employees, it will not be possible to agree on a probationary period that extends beyond half the duration of the employment.
Read more here.
New Metoo definition
Throughout the year, the media and the courts have given us insight into several different whistleblowing cases, both in the public and private sectors. From the new year, legal definitions of both harassment and sexual harassment will come into force.
Read more here.
New clarifications from the Supreme Court
In the spring, the Supreme Court ruled that it was not within the employer's management rights to make deductions from tips, and in late summer the Supreme Court clarified that general limitation rules apply to claims for subsequent enrolment in an occupational pension scheme. In late autumn, the Supreme Court clarified what constitutes working hours when the employee is not at the workplace and that so-called disposable time is not working time.
And at the very end of the year, the Labour Court issued the final clarification on individual repercussions in the "Grefsenhjemmet complex". Following the judgement in Grefsenhjemmet III it is clear that individual retroactive effect applies both where the collective agreement lapses and where the collective agreement is replaced by a new collective agreement.
Read more here.
We look forward to a new and exciting labour law year in 2024!
