Collective Right to Bring Legal Action

New Legislation Enacted

The collective right to bring an action was reintroduced from July 1, 2022. It allows the unions, in their own name and without consent from the hired personnel, to present legal proceedings against companies claiming that such companies’ hiring of personnel from staffing agencies is unlawful. It also entitled the unions to demand negotiation in connection with an allegedly unlawful hiring from staffing agencies. However, the unions will not, in their own name, be able to take legal action concerning the employee's right to permanent employment or compensation. The hired person must still do so in their own name.

Strengthening of Full-Time Employment

Proposed Bill or Initiative

The government proposed several amendments to reduce part-time work and strengthen the right to full time employment. These include a duty for the employer to document and discuss with the employee representatives the need for part-time positions, mandate for the Labor Inspection Authority to enforce these duties. Furthermore, the proposal includes further strengthening of part-time workers’ preferential right to an extended position. The Parliament will process the proposal, probably during the fall of 2023.

Limitations on Hiring from Staffing Agencies

Proposed Bill or Initiative

The government proposed several amendments to further limit the possibilities of hiring from staffing agencies, expand the types of situations that can count towards the right to permanent employment, as well as reduce the period within which the personnel must be hired before being entitled to permanent employment. The Parliament will review the proposal, probably during the fall of 2023.

Transparent and Predictable Working Conditions

Proposed Bill or Initiative

The government has issued a consultation paper where they propose to implement a new EU-directive 2019/1152 on transparent and predictable working conditions in the European Union. The proposal includes amendments relating to further requirements for the written employment contract, further rules concerning duration and use of probation period, stricter and clearer requirements concerning prior notification of working time, a right to ask for more predictable and safe work conditions and regulation on what will be considered as applicable if there is no information about an issue on the employment contract. The consultation paper is sent on a public hearing round with deadline for statements on October 20, 2022.

Work and Pay Conditions on Foreign Ships in Norwegian Waters

Proposed Bill or Initiative

The government has issued a consultation paper where they propose new rules to regulate the (Norwegian) wage and working conditions a crew will be entitled to when foreign ships are in Norwegian waters, as well as the foreign ships that will be comprised by these requirements. The purpose of the proposal is to counteract social dumping, make competition for maritime services in Norwegian waters fairer, and to ensure future recruitment to the maritime sector. The consultation paper is sent on a public hearing round with deadline for statements on August 31, 2022.