New rules for home offices
The use of home offices has increased sharply during the pandemic. In many workplaces, work from home has worked well, and several employers have continued flexible home office solutions. However, many have called for clearer rules for working from home. The Government has now adopted amendments to the Home Office Regulations, which apply from 1 July 2022.
These are the main points:
1 The Norwegian Labor Inspection Authority obtains supervisory competence
With the new rules, the Norwegian Labor Inspection Authority will have the authority to supervise compliance with the regulations. It is therefore important that the company is well aware of employees' use of home office and that documentation and routines are in place.
The Norwegian Labor Inspection Authority shall not be able to supervise employees' homes but has the opportunity to examine the employer's HSE routines for following up employees in the home office. In practice, this means that employers who have employees in their home office must prepare documentation that shows that they follow the rules in the regulations, so that the documentation can be submitted to the Norwegian Labor Inspection Authority for inspection.
2 Scope
The regulations have so far applied to work in the employee's home, but not to short-term or incidental work. During the pandemic, many employers have been unsure of how to understand the term "random". To clarify the provision, the word is replaced by "sporadic". By "sporadic" is meant homework that takes place from time to time, but not to an excessive extent or as a permanent arrangement.
For example, if an employee works from home one day a week, it is not a question of ‘sporadically’ work, and the rules in the regulations will apply. It is now also clarified that the regulations only apply to work in employees' homes. For other types of remote work, for example from the cabin or on the train, it does not apply.
3 Continued requirement for a written agreement
The requirement for a written agreement when using a home office is continued - as a main rule. During the pandemic, many employers have stated that the requirement does not apply when homework is caused by an order or recommendation from the authorities.
The new rules make exceptions from the requirement for a written agreement in such situations. If the employees have a home office as a permanent arrangement even in normal situations, the employer must ensure a written agreement which, among other things, regulates the extent of the home office, working hours, case processing rules, etc.
4 The working hours rules must be followed in the home office
Today, there are separate rules about working hours in the home office. This special regulation will be removed from 1 July 2022, and then the same working time regulations will apply at the home office as well as the workplace. This can make it easier for the employer to administer the working time scheme.
At the same time, this means that employees in home offices must now follow the rules of the law, so that, for example, as a general rule, they cannot work at night or on Sundays. As an employer, you are responsible for ensuring that the working time rules are followed. You should therefore have routines for following up employees in the home office to ensure that working hours are justifiable and in line with the Working Environment Act.
5 Stricter requirements for the working environment in the home office
The Home Office Regulations list working environment terms and conditions that the employer must ensure are complied with in the home office. Although the psychosocial work environment is part of the employer's responsibility in the home office even today, the current regulations only refer to physical conditions.
To ensure increased awareness of psychosocial issues, the new rules emphasize that the employer is also responsible for the psychosocial work environment in the home office. Employers should make sure to get this into their routines.
