Posting workers to Norway

fulfilments to manage the posting of workers to norway
Learn all the requirements and steps to manage posting of workers to Norway, mandatory documents and penalties in case of non-compliance.

The posting of workers to Norway is regulated under the Regulations of 16 December 2005 No. 1566 concerning posted workers (Forskrift om utsendte arbeidstakere) and the Working Environment Act (Arbeidsmiljøloven).  As a member of the European Economic Area, the above-mentioned Regulations (16 December 2005 No. 1566) transpose Directive 96/71/EC into national legislation.

In the following sections you will find a summary of the obligations provided by Norwegian and European Law on transnational posting of workers to Norway.

Table of contents

  1. Preliminary obligations for posting workers to Norway
  2. Further obligations related to the posting of workers to Norway
  3. Working and salary conditions applicable during the assignment to Norway
  4. Social security in Norway
  5. Health & Safety provisions related to the posting of workers Norway
  6. Documents’ availability during the assignment to Norway
  7. Penalties for non-compliance as defined in the Norwegian legislation
  8. Regulatory framework
  9. How A&P can support you
  10. Book a call
  11. Get a quotation

 

1. Preliminary obligations for posting workers to Norway

According to Directive 96/71/EU and its national transposition, employers based in EU/EEA countries may post their workers to Norway for a provision of services, as long as preliminary conditions are fulfilled.

Currently, there is no provision concerning the registration of posted workers to Norway and the appointment of a contact person. However, the posting of workers to Norway gives rise to a series of preliminary obligations to fulfill.

Foremost, the posting must be based on an agreement between the posting company and the recipient of services in Norway. Alternatively, a foreign-based company may post a worker to a place of business in Norway when both companies belong to the same group.

In general, it has to be noted that Directive 2018/957 amending Directive 96/71/EU has not been implemented yet, since the legislative process is still ongoing.

2. Further obligations related to the posting of workers to Norway

Although there is no registration requirement for the posting of workers to Norway, in terms of tax and administrative requirements, the employee must be registered with the Norwegian tax authorities through the form RF-1198.

We at Arletti & Partners would be glad to support you in the fulfillment of this requirement. Do not hesitate to contact us to receive a custom quotation in 2 business days.

3. Working and salary conditions applicable during the assignment to Norway

Pursuant to the Working Environment Act (Act of 17 June 2005 No. 62), general conditions of employment apply to all posted employees and concern working time, safety, health and hygiene in the workplace, further remuneration, allowances, reimbursement, holiday pay and vacation allowance, among others.

Concerning the minimum wage requirements, Norwegian legislation sets out no statutory fixed minimum wage. Therefore, when posting workers to Norway it is necessary to consider the applicable collective bargaining agreement. Each agreement sets out the applicable minimum wage requirements.

4. Social security in Norway

When posted to Norway by an employer in an EU/EEA-country, an employee temporarily works in Norway. Yet he continues to be employed in another country. Thanks to the EU harmonized social system, employees posted abroad pay social contributions to the country where they are employed.

As a matter of fact, pursuant to Regulation (EC) 883/2004, the posting company must apply to the competent social institution for the issuing of an A1 Certificate for each posted worker. This document states in which country the holder pays for social security contributions. Therefore, posted workers remain under the social security system legislation of the country in which they are employed.

We at A&P would be glad to support you in the application for the A1 certificate or the multistate A1 Certificate.

5. Health & Safety provisions related to the posting of workers to Norway

In general, employers carry the main responsibility concerning health and safety at work. However, in case of posting workers abroad this might be different according to national legislation.

In particular, in the case of posted workers to Norway, the Norwegian principal enterprise must comply with H&S requirements and obligations. The only exception to this provision consists of the simultaneous activity carried out by two or more undertakings at the same workplace in Norway. As a matter of fact, in this case posted workers should rely on their principal for H&S requirements.

6. Documents’ availability during the assignment to Norway

All documents related to the posting of workers to Norway must be available at the workplace only during the period of posting. Among others, the main documents requested during inspections are personal IDs, work permits (when applicable), employment contracts, pay slips and an overview of working hours. Such documents must be available either in English, in Norwegian, Swedish or Danish. Competent authorities may request certified translations, despite not being a set requirement.

7. Penalties for non-compliance as defined in the Norwegian legislation

All general conditions of employment are applicable to posted workers to Norway. Any breaches of such provisions when posting workers to Norway may entail penalties in the form of administrative offences. Accordingly, the Norwegian Labor Inspection Authority may impose a maximum non-compliance penalty of approximately NOK 1500000. In the same way, failure to register posted workers to Norway through the form RF-1198 may give rise to a penalty of NOK 2300 for each posted employee.

 


 

8. Regulatory framework

EU Legislation

Directives:

 

Regulations:

 

Transposition of National Directives:

 

Local Regulations:

How A&P can support you

Our firm supports companies in the preparation of the required documentation for services abroad, in particular with regard to sending the posting declaration to the authorities of the host country, appointing the contact person, and verifying working and salary conditions. Not only that, the firm also offers assistance with A1 Certificate applications.

Clients are offered the use of the A&P posting portal, a useful tool for the fast and efficient management of posting cases.

Fill in the form below to receive a quotation of our services, or directly book a call choosing the date and time that best suit you!

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