Employment

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.

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.

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