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Norway – What you need to know about new staffing regulations

10 August 2012

The Confederation of Norwegian Enterprise (NHO) has issued further guidance on the new staffing regulations coming into force next year, which will make both recruiters and staffing buyers responsible for ensuring temporary workers are treated the same as permanent employees.

The legislative changes are aligned to the European Agency Worker Directive (AWD), making significant changes to the Working Environment Act.

The equal treatment requirement is set out in a new paragraph, § 14 to 12 a) of the Working Environment Act, outlining that staffing firms must ensure staffing buyers offer the same conditions to temporary workers regarding the following: working hours (length, location, overtime and night work); breaks and rest periods (duration and location); holidays and holiday pay; salaries and expenses; access to public facilities.  

NHO emphasised that pension regulations are not part of the equal treatment requirements, which will be implemented on 1 January 2013.

In § 14 to 12 b) of the Working Environment Act, staffing buyers will also be required to provide information to staffing firms to see whether regulations are properly complied with.  There will also be a yearly obligation for firms to meet up with employee groups, such as unions, to review the use of temporary labour.

The joint liability clause, which will be enforced on 1 July 2013, is set out in § 14-12 c) of the Working Environment Act. This will make employment agencies and companies jointly responsible for ensuring equal working conditions are in place when it comes to pay, holiday leave and other forms of remuneration. If firms violate this agreement, the agency worker could claim back their entitlements, such as pay, from the staffing buyer. 

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