Um Guia Fácil sobre a Legislação Trabalhista Norueguesa | INS Global

Um Guia Fácil sobre a Legislação Trabalhista Norueguesa em 2024

Um Guia Fácil sobre a Legislação Trabalhista Norueguesa em 2024

junho 24, 2024

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Key Takeaways

  1. The Norwegian Working Environment Act (Arbeidsmiljøloven) is the cornerstone of labor regulations in Norway
  2. Employees are typically limited to 200 hours of overtime per year, and employers must also ensure that employees do not exceed statutory working hours and overtime limits
  3. Mandatory notice periods in Norway vary based on the employee’s length of service and age
Summary

Norway is well-known for comprehensive labor laws prioritizing employees’ well-being and rights. As a result, labor laws in Norway are typically designed with fair treatment, job security, and a high standard of working conditions in mind across all industries.

Whether you’re a multinational corporation or a small business looking to expand into the Norwegian market, understanding the intricacies of Norwegian labor law is an essential step in the expansion process, ensuring compliance and fostering a positive work environment. This guide, therefore, takes you through the basics of Norwegian labor laws, and explains how you can enter the Norwegian market safely and efficiently.

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Understanding the Fundamentals of Norwegian Labor Law

The Norwegian Working Environment Act (Arbeidsmiljøloven) is the cornerstone of labor regulations in Norway that sets out the basic principles and rules governing employment relationships, including working hours, leave entitlements, and termination procedures. Additionally, collective agreements and specific industry regulations play a significant role in shaping the labor landscape.

Employment Contracts in Norway

Employment contracts in Norway are vital to defining the terms and conditions of the employer-employee relationship. They can be either permanent or temporary, with specific rules governing each type.

According to Norwegian labor law, key elements of employment contracts in Norway include:

  • Job Description – A clear and detailed job description outlining the employee’s duties and responsibilities
  • Compensation – Information on salary, bonuses, and any other benefits
  • Working Hours – Specification of working hours, including any flexibility or shift patterns
  • Probation Period – Details of any probation period, typically lasting between 3-6 months
  • Termination Clauses – Terms for amending or terminating the contract, including notice periods and grounds for dismissal

Contracts in Norway may also be subject to added clauses due to collective bargaining agreements (CBAs) which cover 60-70% of workers in Norway. As a result, individual circumstances also need to be considered.

Legal Requirements for Employment in Norway

Employment contracts must be written and provided to the employee within a month of starting work. Contracts should cover all essential terms of employment to prevent misunderstandings and legal disputes.

Working Hours and Overtime in Norway

Standard Working Hours

In Norway, standard working hours are 40 hours per week, typically spread over five days. However, many CBAs stipulate a 37.5-hour workweek, with work beyond these hours considered overtime and subject to specific regulations.

Overtime Pay

Overtime work must be compensated at 40% above the regular hourly wage at a minimum.

Employees are typically limited to 200 hours of overtime per year, and employers must also ensure that employees do not exceed statutory working hours and overtime limits to avoid legal issues and potential penalties.

Exceptions and Flexibility

Certain roles (generally managerial and high-level executive positions) may be exempt from standard overtime regulations. Additionally, flexible working hours and remote work arrangements are increasingly common, requiring new ways of thinking about overtime.

legal protection scales

INS Global can help you navigate the complexities of contracts in Norway by ensuring your payroll systems are compliant with all local laws. Our experts also keep track of varying regulations and CBA changes to ensure your employees are compensated correctly for their work.

Types of Leave: Understanding Entitlements under Norwegian Labor Law

Norwegian labor law provides for various types of leave, all of which have meant that Norway typically leads most polls in employee work-life balance. Understanding these entitlements is therefore crucial for compliance and fostering a supportive workplace culture.

Paid and Unpaid Leave

Annual Leave – Employees are entitled to a minimum of 25 working days of paid vacation per year, typically rising with experience. Many CBAs also provide for additional vacation days.

Sick Leave – Employees in Norway are entitled to full pay for up to 16 days of sick leave, provided they present a medical certificate. However, for sicknesses that require leave beyond this period, the National Insurance Scheme still covers a portion of employee salary.

Parental Leave – Parents are entitled to up to 49 weeks of fully paid parental leave or 59 weeks at 80% of their salary. This can be divided between both parents.

Family Responsibility Leave – Employees can take time off for family emergencies or caregiving responsibilities. While this is less nationally available, it is often covered under various CBAs.

Special Leave Provisions

Norwegian labor law also provides for other types of leave, such as education leave, military service leave, and leave for public duties. These provisions ensure that employees can fulfill personal and civic responsibilities without jeopardizing their employment.

Partnering with an HR outsourcing provider in Norway like INS Global ensures that all leave entitlements are properly managed and compliant with Norwegian labor laws. The right support handles leave administration using industry-level tools, tracking entitlements, and ensuring accurate payroll adjustments.

Notice Periods in Norway

Notice periods are a fundamental aspect of Norwegian labor law, typically providing a timeframe for ending an employment relationship that allows both employer and employee to transition easily.

Minimum Notice Periods

Mandatory notice periods in Norway vary based on the employee’s length of service and age. For example, the minimum notice period for workers is:

  • 1 month for employees with less than 5 years of service
  • 2 months for employees with 5 to 10 years of service
  • 3 months for employees with more than 10 years of service
  • and
  • For employees over 50, the notice period increases further depending on their age and tenure

Pay in Lieu of Notice

Employers can provide pay in lieu of notice, meaning the employee receives their regular salary for the notice period without being required to work.

Termination Agreements

In some cases, employers and employees may mutually agree in advance on a termination agreement that specifies the notice period, severance pay, and other terms. These agreements must comply with Norwegian labor laws but can be a way to amicably resolve employment relationships without dispute.

Procedures for Termination in Norway

Just Cause Termination

Termination for just cause occurs when an employee is dismissed for serious misconduct, which includes acts such as theft, fraud, or severe performance issues.

In such cases, an employer must be able to provide sufficient evidence to support the termination and follow due process, including conducting a thorough investigation and allowing the employee time and proper recourse to respond to the allegations.

Termination Without Cause

Termination without cause involves ending the employment relationship for reasons not related to misconduct, redundancy, restructuring, or other business-related reasons. In this case, employers must provide notice or pay in lieu of notice and, in some cases, severance pay.

Redundancy and Collective Dismissals

When terminating multiple employees due to redundancy, employers must follow additional specific procedures, including consulting with proper employee representatives and notifying the Norwegian Labour and Welfare Administration (NAV). This ensures that employees are treated fairly and given appropriate support during the transition.

Wrongful Dismissal

Wrongful dismissal claims arise when an employee believes they were terminated without proper cause or due process. These claims can lead to costly legal disputes, making it essential to follow correct procedures and maintain thorough documentation.

Establishing an Entity in Norway: What Company Types are Available in Norway?

Setting up a business entity in Norway involves detailed legal and administrative steps. By choosing the right type of entity when you are ready to establish a long-term presence, you can best align your business goals with Norwegian labor law:

  • Sole Proprietorship (Enkeltpersonforetak)
  • Private Limited Company (Aksjeselskap – AS)
  • Public Limited Company (Allmennaksjeselskap – ASA)
  • Branch Office (Filial)
  • General Partnership (Ansvarlig selskap – ANS)
  • Limited Partnership (Kommandittselskap – KS)

Norwegian Labor law

How INS Global Can Help Simplify Norwegian Labor Law

Partnering with an Employer of Record (EOR) in Norway like INS Global can significantly simplify the process of establishing and operating in Norway. Our extensive expertise developed over nearly 20 years of quality service to our partners ensures that your expansion into the Norwegian market is seamless and compliant with all local regulations.

At INS Global, we take on the heavy lifting of compliance management, ensuring that your business adheres to all Norwegian labor law, including employment standards and tax obligations. Our comprehensive EOR services cover payroll, employee benefits administration, and other HR functions, effectively reducing your administrative burden. This allows you to focus on your core business activities while we handle the complex regulatory aspects of your expansion.

With INS Global, you can confidently enter the Norwegian market and 160+ countries worldwide, knowing that all legal and compliance requirements are met and your business is positioned for success in this dynamic and thriving environment.

Contact our experts today for a free consultation. Let us help you navigate the complexities of Norwegian labor law and establish a strong presence in record time.

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