EU Directive on posted workers implemented

In December 1999, the Norwegian parliament approved a legislative proposal to transpose the 1996 EU Directive concerning the posting of workers. The implementation will mean only minor alterations to the present Norwegian legal framework.

The Norwegian parliament (Stortinget) approved in December 1999 a proposal to implement European Union Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, which was submitted by the Ministry of Local Government and Regional Development on 5 November 1999. The Directive is concerned with the posting of workers to another European Economic Area (EEA) country and aims to ensure employees' minimum protection in the country in which their work is performed (TN9909201S). It guarantees the application of the host country's statutory and regulatory provisions relating to: maximum work periods and minimum rest periods; minimum paid annual holidays; the minimum rates of pay, including overtime rates (excluding supplementary occupational pension schemes); the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings; health, safety and hygiene at work; protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people; and equality of treatment between men and women and other provisions on non-discrimination.

The Directive has been transposed by incorporating its provisions as a new section (XII B) in the Act relating to Worker Protection and Working Environment (AWPWE). However, most areas of working life covered by the provisions of the Directive are already covered by the national legal framework, and as such the implementation will mean only minor alterations to the present Norwegian legal framework. The areas covered by Norwegian public law are subject to supervision by the national authorities. Others areas, such as employees' rights to holiday, form part of Norwegian private law, which basically means that the employees themselves must make sure that their rights are upheld. These latter provisions will normally not cover employees on temporary assignments in Norway, and thus the new section XII B of the AWPWE will be made applicable to both public as well as private law.

The Ministry's proposal, which was approved by parliament, further suggests the establishment of a body in charge of facilitating cooperation between the various supervisory authorities and of the provision of information to employees, employers and organisations. This body will also cooperate with similar bodies in the other EEA countries. Furthermore, EEA nationals working in Norway may, in case of disputes concerning the areas of labour law covered by the Directive, have their cases tried in a Norwegian court. All these are requirements stipulated by the Directive. The ministry's proposal also calls for the incorporation of provisions requiring Norwegian employers to comply with national laws within the EEA area.

There is no statutory minimum wage in Norway. The most significant of existing provisions which may effect the wage conditions of posted workers in Norway is the Act no. 58 of 4 June 1993, which makes possible the universal application of industry-wide collective agreements to all employees executing the type of work covered by those agreements. The Act was introduced in light of the EEA agreement, which abolished requirements concerning work permits for employees working within the EEA area. The object of the Act is to ensure that foreign employees are entitled to the same working and employment conditions as their Norwegian counterparts, and as such to prevent "social dumping". The option of giving a collective agreement universal effect has so far not been utilised.