Norway’s Conservative Party believes that the government should put upcoming temporary agency worker legislation changes, which are scheduled to come into force on 1 April, on hold. The party said it believes the changes are in conflict with the EU's Temporary Agency Directive, and the EEA Agreement's general provisions on the free flow of services.

From 1 January 2023, a new rule strengthening employees’ right to full-time employment entered into force. This legal development was covered in in SIA’s Europe Legal Update Q1 2023 by Fiona Coombe, Director, Legal & Regulatory Research at SIA.

This main rule states that employees shall be employed on a full-time basis. The temporary agency worker will have a right to permanent employment in the temporary employment agency, by agreement with the trade union, after a certain period of time and, in any event, after three years. Before hiring for a part-time position, the employer must document the need for part-time employment and discuss the need with the employees’ elected representatives.

Norway’s parliament and the government adopted these regulations.

According to the regulation, from 1 April 2023, it will generally no longer be permitted to hire workers from staffing companies for work of a temporary nature. Employers can only hire workers as temporary replacements for another person or persons. It will still be possible to hire temporary agency workers for a limited period provided the business is bound by a collective agreement entered into with a trade union which has the legal right to object and has agreed to the hiring. 

According to NHO Service, Esa (European Free Trade Association Surveillance Authority), the supervisory body for the EEA countries, has received complaints, and has sent a letter to the government with a number of questions related to these changes. 

Anna Molberg, a conservative member of parliament who sits on the labour and social committee, said, “Esa flags this as problematic. The changes are poorly researched and do not take into account the Temporary Agency Directive or Article 36 of the EEA Agreement.”

Labor and Inclusion Minister Marte Mjøs Persen has replied that the changes will be carried out as planned, and that the government will engage in dialogue to answer the questions from Esa. If Esa should conclude that the government's response is insufficient, they can open formal proceedings against Norway, which may ultimately end in a court decision in the EFTA court, a judicial body which corresponds to matters relating to the EEA European Free Trade Association states including Norway.