Introduction
Working from home after reopening
Changes in sickness benefit and care benefit schemes
Extension of temporary layoff scheme and temporary unemployment benefit rules


Introduction

At a recent press conference, the news that many have been waiting for finally came ­– Norway reopens! For many, this means that everyday work normalises, and that you can finally go back to the office. But what does the transition to a normal working day entail?

For employers who have spent the past year adapting to closures and orders for home offices, it is now important to ensure that the transition to a normal working day is carried out in a good way. However, some industries are struggling, which means that the government has extended some of the special rules that were introduced because of covid-19. Below is a quick summary of what employees and employers should be aware of now that we are moving towards a normal working day.

Working from home after reopening

Many employers have seen that their employees want to be able to work from home in the future. It may even become the new normal. Employees now expect a greater degree of flexibility than they did before the pandemic, and this is a reality employers must get used to.

The increased use of home working on a more long-term basis has both positive and negative sides for the employer and employee. All forms of change create new challenges, both factual and legal. For employers, it is important to remember that the Working Environment Act, the employment contract and any collective agreements also apply, to a large extent, to work done in the home office. However, a number of special regulations have been issued, such as regulations on work performed in employees' homes (FOR-2002-07-05-715).

The regulations have special rules on, among other things, working hours and the employer's responsibility for the working environment for employees who work from home offices. In the case of home work covered by the regulations, the employer must, in accordance with section 2 of the regulations, ensure that in addition to the written employment agreement, a written agreement is also entered into in respect of the home work. It is important that these agreements are designed wisely so that the employer does not lose management and control over their employees' home office arrangements.

Changes in sickness benefit and care benefit schemes

Due to covid-19, the government introduced several temporary changes to the sickness benefit scheme. One of these changes was that the employment period was shortened from 16 to three calendar days when the absence was due to covid-19. This rule is repealed for sick leave starting on 1 October 2021 or later. In other words, from 1 October 2021 the employer period is 16 days regardless of the reason for the sick leave.

There are also some schemes that will continue. Until the end of October 2021, employees who are absent due to covid-19, or suspected covid-19, are entitled to sickness benefits. The scheme for care allowance for parents who have children in quarantine or have children at home because the kindergarten or school is completely or partially closed due to covid-19 is extended. This applies even if the maximum number of days of care allowance has been used up. In addition, parents are entitled to care allowance if the child must be at home as a result of special infection control considerations for the child or another household member.

Although this has not been finally decided, the government's aim is for these schemes to be extended until the end of 2021.

Extension of temporary layoff scheme and temporary unemployment benefit rules

The government has decided to extend the time period for certain special rules on temporary layoff and unemployment benefits. This is justified by the fact that there are still companies in some industries that are struggling as a result of covid-19.

The extension of the time period for these special rules will mean that until 1 November 2021 employers are exempt from wage obligations during the temporary layoff.

For temporarily laid-off employees and the unemployed, the extension has the effect that the temporary scheme with an increased unemployment benefit rate will continue for the corresponding period. This means that the unemployment benefit is calculated with 80% of the calculation basis up to 3 G, and then 62.4% of the calculation basis. Recipients of unemployment benefits, who would otherwise have used up the unemployment benefit period, will be entitled to unemployment benefits until 1 November 2021.

The rules on grading unemployment benefits will also be extended. This means that an employee who receives unemployment benefits can work 60% of their previous working hours without losing the right to unemployment benefits.

For further information on this topic please contact Ole Kristian Olsby or Nina Elisabeth Thjømøe 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.