New legislation strengthens the rights of part-time workers in Norway. Rules making it easier for employees to increase their working hours were approved by parliament in June 2013, and are designed to help those who are working part-time only because they cannot find a full-time job. The new rules, which come into force on 1 January 2014, make it possible for workers to demand extra contracted hours if they frequently work longer than agreed in their employment contract.
The Norwegian Parliament has strengthened the rights of employees who involuntarily work part time because they cannot find a full-time job. The legislation, which makes it easier for part-time workers to increase their working hours, will come into force on 1 January 2014.
According to available statistics, in 2012, almost 10% of part-time employees were defined as underemployed, having tried without success to persuade employers to extend their working hours, and being able to increase their working hours within one month. Of the 67,000 underemployed workers in Norway in 2012, 46,000 were women. A little over 40% of those underemployed worked in the health and social welfare services, almost 20% worked in the retail trade and 10% worked in education.
The number of part-time workers seeking increased hours was highest in the health and social sectors, and it was particularly high among those who work in shifts or on rotation. One in four employees work longer hours than agreed in their contract.
The new legislation amends the Act Relating to Working Environment, Working Hours, Employment Protection, etc. (1.9 MB PDF). It adds a provision placing a duty on employers to consult employee representatives at least once a year about the use of part-time contracts within the enterprise. The aim is to encourage company-level social partners to jointly find solutions adapted to the needs of each individual enterprise. Similar consultation duties already exist for temporary employment and the use of hired labour from temporary work agencies or other companies.
Part-time employees whose actual working time exceeds the number of working hours agreed in their employment contract will be given a statutory right to have their hours increased in proportion to the number of extra hours worked in the last 12 months.
If a part-time employee has been employed on a half-time contract but has, on average over the previous 12 months, worked 60% of the hours of a full-time contract, they may demand to have their employment contract changed to reflect this. To qualify for the right to extra hours, the employee must have been working excess hours on a regular basis, although some variation over the course of the qualifying period is acceptable.
If, however, an employer can show that there has been a drop in demand for the services or work that led to the increased working hours, and that the worker in question will not be regularly asked to work longer than their contracted hours in the immediate future, then the right to increased contractual working hours can be ignored.
Disputes over requests for increased contractual hours are to be settled by the labour dispute board. This means that employees will not have to take their cases through the mainstream legal system because the labour dispute board has the authority to rule in matters concerning working time and layoffs. It is expected that a high number of disputes will be brought before the board.
The employees’ side welcomes the new regulations, although unions have called for more detail about what aspects of part-time work employers will be obliged to consult on, and about consultation procedures.
The employers’ side is opposed to the new regulations. The Confederation of Norwegian Enterprise (NHO) considers that the new right to increased working hours interferes with employers’ freedom to adjust their employment strategies to the needs of their enterprise. The NHO has also said that the regulations are too detailed and the issue should have been left to social partner regulation through collective agreements.
The employer organisation for the municipal sector, the Norwegian Association of Local and Regional Authorities (KS), would also have preferred regulation through collective agreements. More specifically, KS is opposed to a statutory duty of consultation, saying that such a duty is already established in the collective agreement that covers its members.
Employers also believe that the right to increased working hours will create a new bureaucratic burden and generate additional administrative work. They also argue that the reference period of 12 months is too short, and that workers should have worked at least 20% more than their contracted hours before having the right to demand an increase in their contractual hours.
Alsos Kristin, Fafo