Norwegian Labour Inspection Authority obtains supervisory competence
Scope
Continued requirement for written agreement
Working hours rules must be followed at home
Stricter requirements for home working environment
The number of employees working from home has increased sharply during the covid-19 pandemic. For many businesses, this has worked well, and many employers have continued flexible working arrangements. However, many have called for clearer rules on working from home. The government has now adopted amendments to the Home Office Regulations, which will apply from 1 July 2022.
This article outlines the main points of the regulations.
Norwegian Labour Inspection Authority obtains supervisory competence
Under the new rules, the Norwegian Labour Inspection Authority will be empowered to supervise compliance with the regulations. It is, therefore, important that companies be aware of the employees who work from home and ensure that a system and the relevant documentation are in place.
The Authority will not be able to inspect employees' homes, but it can examine the employer's health and safety practices and follow up with employees who are working from home in order to do so. In practice, this means that employees who work from home must prepare documentation that shows that they follow the rules in the regulations. This will be submitted to the Authority for evaluation.
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 interpret the term "random". In order to clarify the provision, the word has been replaced by "sporadic". "Sporadic" refers to occasional work that takes place within the employee's home but is not excessive or does not constitute a permanent arrangement.
For example, if an employee works from home once a week, this is not "sporadic'" work; therefore, the rules in the regulations will apply. It has now also been clarified that the regulations apply only to work that is carried out in employees' homes. They do not apply to other types of remote work, such as on trains or aeroplanes.
Continued requirement for written agreement
The requirement for a written agreement in order to work from home is still a key part of the regulations. During the pandemic, many employers have stated that the requirement does not apply when the authorities order or recommend working from home.
The new rules make exceptions from the requirement for a written agreement in such situations. If the employees have a permanent arrangement to work from home, even in normal situations, the employer must ensure a written agreement that, among other things, regulates the nature of the home office, working hours and case processing rules.
Working hours rules must be followed at home
There are currently separate rules about working hours when working from home. This special regulation will be removed from 1 July 2022, when the same working time regulations that apply in the workplace will also apply in homes. This should make it easier for employers to schedule employees' working hours.
This rule means that employees who work from home will soon have to follow normal workplace law, such as not working at night or on Sundays. Employers are responsible for ensuring that the working hours rules are followed. Systems should be in place, therefore, to ensure that their employees' working hours at home are reasonable and in line with the Working Environment Act.
Stricter requirements for home working environment
The Home Office Regulations list working environment terms and conditions that the employer must ensure are complied with for employees who work from home. Although the psychosocial work environment is part of the employer's responsibility, the current regulations only refer to physical conditions.
In order to ensure increased awareness of psychosocial issues, the new regulations emphasise that the employer is also responsible for the psychosocial conditions of the home working environment. Employers should make sure to implement these responsibilities into their own home office regulations.
For further information on this topic please contact Ole Kristian Olsby or Lise Gran at Homble Olsby | Littler by telephone (+47 23 89 75 70) or email ([email protected] or [email protected]). The Homble Olsby | Littler website can be accessed at www.homble-olsby.no.