In Norway, the main rule is that an employee should be employed on a permanent basis and full-time. A written employment contract must always be signed, regardless of the length and scope of the employment.
Employment
Permanent employment
The Working Environment Act defines what constitutes permanent employment. Permanent employment is continuous and has no defined end point. In addition, the provisions of the Working Environment Act concerning resignation and dismissal shall apply.
The employer must inform the employees of vacancies in the enterprise. This applies to workers who have been hired in.
Full-time and part-time employment
The main rule is that employees should be employed full-time. Before an employer can appoint an employee to a part-time position, the need must be documented in writing and discussed with employee representatives. The employer must discuss the use of part-time employment with employee representatives at least once every year.
Temporary employment
The main rule is that the employee should be employed on a permanent basis. In some situations, however, it is possible to employ someone on a temporary basis.
Trial period
If a trial period is imposed, this must be agreed in writing in the employment contract. The employment contract must also specify the duration of the trial period.
The purpose of a trial period is to assess whether the employee is a good fit for the work or the position.
The trial period can never exceed six months.
For temporary appointments, trial periods can never exceed half of the employment period.
Was the employee initially appointed temporarily and then permanently in the same position with the same employer?
If the responsibilities of the position are the same,
- the trial period could already be completed
- the part of the trial period exceeding 6 months of the combined appointment with the employer can be continued in the permanent appointment
If the responsibilities of the permanent appointment differ significantly from the responsibilities of the temporary appointment, the employer and employee may agree to do another trial period.
Was the employee temporarily appointed in a continuous period, with multiple appointments with the same employer?
If so, the trial period
- cannot exceed half of each appointment
- cannot exceed six months of the combined appointments
Was the employee initially appointed temporarily and then appointed to a different position with the same employer?
If so, the employer should consider whether to require a new trial period. One condition for a new trial period is that the new temporary appointment entails significant changes in responsibilities, and the employer needs to reassess the employee. It will be up to the employer to argue that this is the case.
The employer must always ensure that the agreement concerning a trial period has been made in writing and that the reason for the trial period is included in the employment contract.
When the employee has completed a total trial period of 6 months, the mutual notice period also increases to a minimum of one month.
Example 1
The employee was initially appointed for a period of 6 months, with a 3-month trial period (half of the duration of the employment period). Then, the employer offers the employee a new (permanent or temporary) contract.
In this case, the employer cannot impose a new trial period, because the employer has already had six months to get to know the employee.
Example 2
The employee was initially appointed for a period of 4 months, with a 2-month trial period. Then, the employer offers the employee a new (permanent or temporary) 4-month contract.
In this case, the employer cannot impose a new 2-month trial period for the new contract, because the employee has already worked for the employer for 4 months (which is more than half the duration of the new contract).
During the trial period, the notice period for either party is 14 days, unless otherwise agreed in writing or required by a collective agreement.
During the trial period, the notice period starts to run when the other party has received the notice.
The trial period can be extended if the employee is absent
If the employee is absent from work during the agreed trial period, the employer may extend the trial period by a period of time equal to the length of the absence. The trial period may only be extended if
- the employer at the time of appointment provided information, in writing, of their right to extend the trial period
- the employer has given written notice to the employee about the extension before the end of the original trial period
The trial period may only be extended for absences caused by the employee.
Written employment contract
All employees must have a written employment contract. This applies to all forms of employment – permanent and temporary – and there are no exceptions.
The employment contract must specify how much the employee is expected to work, e.g. in the form of a fraction or percentage of a full-time equivalent (FTE).
Read more about employment contract requirements
Prohibition of discrimination
In principle, employers in private enterprises can appoint whomever they want, but discrimination against certain groups is prohibited. Statutory preferential rights may also limit the employer’s authority.
Employers in the public sector also have to comply with additional regulation and collective agreements, such as the Civil Servants Act, the Public Administration Act and the Basic Agreement.
The Norwegian Labour Inspection Authority has limited authority to intervene in or assess specific cases in this area, as this falls under the legal area called private law. In a dispute over employment, you must therefore seek legal assistance, e.g. through a labour union, if you are a member of a union, or by retaining a lawyer.
As a general principle, those who hire someone want to become that person’s employer, and employers in the private sector are mostly free to appoint whomever they want, provided they comply with the provisions of the Working Environment Act against discrimination, and provided they comply with the rules for preferential rights to appointment in cases where this is a relevant consideration.
In the public sector, appointment is a bit more heavily regulated, and employers have to comply with some additional regulation and collective agreements, such as the Civil Servants Act, the Public Administration Act and the Basic Agreement. In a dispute over employment in a public-sector enterprise, you can request an explanation for the appointment and selection of candidates for the position, and also, if relevant, file a complaint with the Parliamentary Ombud.
The employer cannot collect information about what the applicants’ positions are on political, religious or cultural issues, or whether they are members of any labour organisations.
The exception is if
- this is justified due to the nature of the position, or
- it is part of the enterprise’s purpose to promote specific political, religious or cultural views, and the position is significant for efforts to reach this goal
The same applies to information about sexual orientation. If the position requires that the applicants share this type of information, the job announcement must specify this.
An exemption has been granted from the prohibition on discrimination based on homosexual relationships for appointments to positions associated with religious communities, provided the job announcement lists special requirements given the position’s character, or the enterprise’s purpose.
The Working Environment Act prohibits discrimination in appointments based on
- age
- sexual orientation
- political views
- membership in labour organisations or political organisations
- temporary or part-time appointment
The Equality and Anti-Discrimination Act prohibits discrimination in appointments based on
- gender
- pregnancy
- leave in connection with birth or adoption
- care responsibilities
- ethnicity
- religion
- philosophies of life
- disability
- sexual orientation
- gender identity
- gender expression
- age
Preferential rights
Preferential rights in connection with downsizing
Employees who are dismissed due to downsizing have preferential rights in new appointments.
This preferential right only applies if the employee is qualified for the position, and if the employee was employed by the enterprise for combined periods of at least 12 months in the last two years.
The preferential right applies for a period of one year from the end of the notice period. The preferential right does not apply to employees in temporary posts.
Preferential right to extended post and extra shifts
Part-time employees have preferential rights to an extended post rather than the employer creating a new appointment or hiring personnel. The preferential right only applies if the employee is qualified for the position and if exercise of the preferential right does not involve significant inconvenience for the enterprise.
Part-time employees also have a preferential right to extra shifts and the like in the enterprise rather than the employer employing or hiring personnel for this work.
Dispute resolution
Disputes concerning preferential rights for part-time employees can be brought before the Dispute Resolution Board.