What do the changes mean?
Will unions get the right to bring an action for temporary employment?
In line with the Hurdal platform, trade unions will soon again be able to take legal action against companies in matters where they believe there is illegal hiring of labour. They can do this regardless of whether their member supports or wants to participate in the lawsuit. Will this lead to an increase in the number of lawsuits about illegal hiring? And will the union eventually get a "collective right to bring an action" also in other areas, such as temporary employment?
This week, parliament decided to reintroduce the so-called "collective right to bring an action". This right was originally introduced by the red-green parties in 2013 with the aim of strengthening compliance with the hiring rules. Two years later, the blue parties repealed the collective right to bring an action, before the red-greens reintroduced it now that they are back in power.
Today, and until the adopted changes are implemented, the unions must bring the employee in question with them if they want to sue companies for illegal hiring of labour. This requires that the employee is both a member of the trade union and wishes to bring such an action in their name.
The change that has now been adopted means that the unions can bring an action regardless of whether the employee is a member and regardless of what the employee wants. The collective right to bring an action does not affect the employee's own right to bring an action.
The collective right to bring an action, which is now being reintroduced, gives unions the opportunity to sue companies in cases where they believe that the company hires labour from a temporary employment agency without meeting the conditions in the Working Environment Act, sections 14-12. The union will not, in its own name, be able to take legal action concerning the employee's right to permanent employment or compensation. The employee must still do so in their own name.
Both the union and the employee can, together or separately, demand negotiations in connection with an allegedly illegal hiring. During the two-year period in which there previously was a collective right to bring an action, the union had logged a few cases, and they will now be able to use this right to a greater extent.
Will unions get the right to bring an action for temporary employment?
The current government is concerned with strengthening employee protection and the main rule on permanent employment. In the Hurdal platform, the government states that it must "consider collective right to bring an action in several areas". During the consultation process on reintroducing collective right to bring an action in hiring cases, several respondants have stated that the government should consider introducing a collective right to bring an action also in the matter of illegal temporary employment.
In the draft resolution that was eventually sent to parliament, the government states that any proposals will be considered in a separate process. Going forward, it will therefore be exciting to see what emerges from the government, which has already tightened the possibilities for temporary employment. Most likely, it will propose that the collective right of action should also include illegal temporary employment.
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.