Government reverses controversial changes to work environment legislation

In November 2005 a proposal to change work environment legislation in Norway was put forward by the new government. The original controversial changes providing for easier access to temporary employees will thus not take effect, and working time provisions will now become more restrictive.

On the 10 November 2005, the newly elected Norwegian coalition government put forward a proposal to alter the recently approved changes made to Act relating to Work Environment and Worker Protection (AML). The changes were approved by the Norwegian parliament (Stortinget) on 17 June 2005, and would take effect on 1 January 2006 (NO0506102F). Among the controversial changes made was a liberalisation of both temporary employment and working time regulations. The political parties in the present government pledged to halt some of the more controversial changes if elected into office.

The government - which enjoys a majority in Stortinget - proposes the following changes to the legal framework:

• temporary employment: There will be a reversal back to the original provisions regulating under which conditions a company may use temporary employees. Thus, the original changes made in 2005 allowing the employer to use temporary employment over a period of one year without further justification, will thus not be implemented. Nor will there be a general access for the social partners to enter into agreements on other (and less stringent) rules than stipulated in the legal framework. The new regulations establishing a ceiling on how long an employee may be employed temporarily (4 years) are upheld.

• working time: Working time is the other major and controversial work environment issue subject to revision. Working time regulations have been changed twice in recent years (in 2003 and 2005). The government is now reversing the rules back to their original form prior to the changes made in 2003 (NO0304103F). The implication of this is among other things greater restrictions on the use of overtime (a maximum of 200 as opposed 400 hours per year), as well as more detailed provisions on the number of overtime hours to be allowed per day, week and during a four-weekly period. In enterprises covered by collective agreements trade union representatives and management may agree on overtime that exceeds the law. Annualisation rules is also tightened. The calculation of average working time over a reference period may still take place, but greater restrictions, at least if compared to the original changes approved in June 2005, are placed on the maximum daily and weekly working time allowed within this period. These restrictions may also be evaded by means of agreement between union representatives and management in individual companies.

• other changes: The object clause of the AML is returned to its original state. The object of the Act, thus, is to provide protection for employees. References to the needs of companies and the general society - which were included in June 2005 - are taken out. Moreover, employees that have gone to court with their dismissals, will as a rule have a right to stay in employment during the duration of legal proceedings, also in those cases where the employer have won in a lower court and the ruling is challenged in an appellate court.

• Act relating to Civil Servants: The Act relating to Civil Servants was subject to substantial revision in the summer of 2005 (NO0506102F). The Act will, according to the new government, be reverted back to its original form, and emphasise that further deliberation is required before changes to the act may be approved. The implication of this is that the special unemployment benefit that exists for state sector employees, where employees keep their state sector employment status even though their jobs no longer exist, will be maintained.

The government also aim to raise further proposals for changes to the legal framework in the course of spring 2006. Among the issues to be considered is that of protection of so-called whistleblowers in working life. New rules have already been incorporated, but they have been criticised for not providing sufficient protection.

The government has a majority in Stortinget, and as such there is little doubt that the proposed changes will be approved in the course of December 2005. The changes reflect very much the alternative position of the previous parliamentary minority (and the existing majority government) during the summer of 2005, and also reflect the main views of the trade unions.

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