On 1st January 2023 the amendments to the Regulation on Posted workers in Norway entered into force. The Act was first published by the Norwegian Ministry of Labour on 28 October 2022. It concerns the equal treatment of posted and local employees when it comes to salary and working conditions.
The amendments to the Regulation on Posted workers entered into force on 1st January 2023
The news introduced by the amendment to the Regulation on Posted workers in Norway concern three aspects: working and employment conditions, costs refund, documents availability and temporary workers.
Working and employment conditions (Section 3, as amended)
Norwegian working and employment conditions listed in Section 3 shall apply to posted workers as well as local workers. In the amendments to the Regulation on Posted workers, it is clearly specified that this applies regardless of the duration of the posting period.
However, the law maintains the exceptions provided for specialized workers engaged in working activities in Norway for less than 8 days. As a matter of fact, the provisions concerning holiday leave, holiday pay, holiday salary, overtime pay and section 10-6, eleventh paragraph of the Holiday Act (part of the Working Environment Act) shall not apply to working activities connected with initial assembly or installation agreed in the contract for the supply of goods and to working activities required to enable clients to use the product. As already provided in the previous version of the law, this exceptions do not apply to workers engaged in the construction sector.
Costs refund (Section 3A)
This amendment entitles posted employees to obtain a refund of all costs related to the posting, i.e. travel, board and lodging expenses. Unless their salary includes these elements, as specified in the employment agreement of the worker, posted workers are always entitled to a refund.
Documents availability (Section 4, as amended)
In addition to the documents already required (employment contracts, worktime sheets and payslips), now the posting company must deliver documents attesting the foreseen starting and closing day of the posting, the number of workers involved and the identity of each posted worker.
Temporary workers (Section 12)
Section 12 of the Act established that the temporary employment agency must ensure that temporary employees are covered by the host country’s employment terms and conditions as established by Directive 96/71/EC.
The amendments to the Regulation on Posted workers entering into force on 1st March 2023
Section 3B concerns long-term posting. Employees posted for more than 12 months have all the rights provided for by Norwegian employment conditions. This section lists as well a few exceptions in the first paragraph.
The posting period may be extended up to 18 months, provided that the reason of the extension is notified to the Labour Inspectorate. In case another worker replaces the former posted employee for the provision of the same service at the same workplace, the computation of the final duration of posting must consider both periods comprehensively.