Night work is not permitted unless necessitated by the nature of the work. The Working Environment Act defines night work as work performed between 21:00 and 06:00.
Night work
When is night work necessary?
Examples of situations where the nature of the work necessitates work to be performed at night:
- when plant, machinery, raw materials or products may be damaged or if work cannot be suspended for operational reasons
- work activities performed in nursing and care homes, children’s homes, kindergartens, etc.
- work activities performed by police officers, fire fighters, customs officers, church officials, rescue operators and operators in broadcasting, newspapers, telegram and news agencies
- work performed in theatres and other types of events and shows
- work performed in connection with the production of baked goods
- overnight reception services in hotels and other providers of overnight accommodation
- overnight cleaning services
The basis for the assessment is whether or not the night work is required for production purposes or to meet the needs of society or the public.
Before night work is imposed, the employer must discuss the matter with employee representatives to determine whether night work is necessary.
In undertakings bound by a collective agreement, the employer and employee representatives may establish a written agreement concerning night work when there is an exceptional and time-limited need for it. This can be done in special circumstances where night work is necessary for a limited period, e.g. seasonal fluctuations or unexpectedly high workloads.
Night work is no longer subject to application.
The Act imposes limits on normal working hours for workers who regularly work more than three hours at night, as well as for night work involving an exceptional risk or considerable physical or mental strain.
Employees who mainly work at night are entitled to medical examinations.
Working hour arrangements that deviate from the statutory norm and a normal circadian rhythm must be assessed for safety. This includes night work.
Read more about the safety of different working hour arrangements (In Norwegian)
Exemptions from night work
Workers who regularly work at night may have the right to be exempted from night work if they need it and the exemption can be implemented without significant disadvantage to the undertaking. This provision concerns a general exemption from the undertaking’s working hour arrangement, not sporadic exceptions.
The term “regularly” must be defined in each specific situation, but it would normally include multiple nights per month. Shift workers who regularly work night shifts are always included.
The provision is intended for workers who have health, social or other weighty welfare reasons for being exempted:
- Health reasons: Includes illness/poor health in the worker themselves. The employer may demand a medical certificate issued by a doctor.
- Social reasons: Factors related to the worker’s family or immediate situation that triggers unusual care burdens or strain. This includes parents who need care, sick spouse, child with disabilities, etc.
- Other weighty welfare reasons: This is primarily aimed at accommodating parents whose needs arise from problems securing childcare during working hours. Other circumstances that could grant a worker the right to reduced working hours must be assessed specifically in each individual situation, but the phrasing “weighty welfare reasons” requires that the worker must have a legitimate reason.
If exempting the worker from night work poses a significant disadvantage for the employer, the employer must be able to document the disadvantage. In terms of transferring a worker from night work to daytime work, one significant consideration will be whether there is daytime work available, and whether the worker in question is qualified to perform it. Furthermore, one must also take into account whether the employer, in consideration of the other employees, is able to redistribute the workforce. This rule does not require the employer to create new jobs they otherwise do not need, nor to terminate other workers to make room for the night worker.
As a norm, the employer should try to adjust the working hour arrangement instead of reassigning the worker to other tasks or departments. In situations where this would pose a significant disadvantage, the employer must consider the possibility of reassigning the worker to other tasks.
Dispute resolution
If the employer and the worker disagree on whether or not the worker is entitled to be exempt from night work, the dispute may be brought before the Dispute Resolution Board.
Night supplements are contractual remuneration
Many workers are paid night supplements for night work. It is important to note that night supplements are not statutory, but contractual. This means that the right to night supplements, as well as the size of the supplement, is regulated by collective agreements or individual agreements between the employer and the employee.
Because the night supplement is contractual, this means it can vary from industry to industry and from undertaking to undertaking. Some workers are entitled to night supplements, whereas others may not be; this depends on what their contracts specify. Employees of private cleaning undertakings are entitled to night supplements (generalised application regulations for the cleaning industry). Certain other industries also have mandatory shift supplements.