Temporary Employment
Permanent jobs are the backbone of Norwegian working life. This is being undermined by the massive use of temporary agency work, zero-hours contracts, and involuntary part-time employment. Therefore, we fight for job security and more permanent positions, and closely monitor the legislative changes that came into effect on January 1, 2019.
When is temporary employment legal?
When companies have a tariff agreement
When it has been negotiated with the elected representatives about temporary agency work being necessary/desirable
The elected representatives must consent to the hiring. Without an agreement with the elected representatives, outsourcing is illegal.
The agreements must now be time-limited to actual peaks in production
Fellesforbundet has been working on the legislative change in the Working Environment Act §14-12 (2) for a long time and is closely monitoring the developments in industries with a large proportion of hired labor.
What is leasing from a production company?
Temporary staffing from production companies
When hiring from another production company, different rules apply (AML §14-13) a by hiring from a staffing agency.
Here are some check points when hiring from another production company.
A manufacturing company cannot rent out more than 50% of its employees. If they do, they are considered a staffing agency.
The rental company must operate its own production
Only permanently employed staff in the company can be seconded
Hired from a production company, they retain the salary they have there. Equal treatment does not apply
The company that hires in must have an agreement with the elected representatives when they hire in a number of workers that constitute more than 10% of the employees, or when the hiring is to last more than one year
The leasing company must be able to document whether they are hiring workers from the production company
What is enterprise?
Entreprise
Sometimes the company wishes to outsource parts of a job as an enterprise. Here is a checklist that will make it easier to determine whether a genuine enterprise is being carried out, or if there is an attempt to cover up temporary agency work.
It is considered an enterprise when:
Subcontractors provide their own employees and the person leading the work
Performs a task on behalf of a client
Fixed price regardless of time spent
The subcontractor is responsible for the outcome of the work performed
The subcontractor uses their own materials and tools
It is considered leasing when:
The client leads the work
Fixed number of employees at disposal
Hourly rate or time-dependent price
Checks working hours
Unspecified or merely outlined work tasks
The client retains responsibility for the work performed
Client materials and tools are used
What is outsourcing of work?
Sometimes the workload is so heavy that the company wishes to outsource part of the work. This must be negotiated with the union. Appendix 14 inFellesoverenskomsten for byggfag (FOB)
A proposal for a protocol on the delegation of work existsHere is the translated English version: **HERE**
This is the legislative change
Starting from 01.01.2019, new regulations apply regarding who is allowed to hire in. Fellesforbundet believes this gives us the opportunity to secure more permanent employment in the companies, and that it limits the use of hired labor.
Only companies with a nationwide collective agreement can enter into an agreement on extended leasing from a staffing agency (Arbeidsmiljøloven §14-12 (2)).
What does this mean:
Only businesses bound by a collective agreement entered into with a trade union possessing appointment rights will be able to enter into agreements on extended hiring with the elected representatives.
Fellesforbundet tariff agreements=nationwide collective agreements
It is no longer sufficient for the company to be bound by a so-called "hustariff agreement".
The legislative change is not limited to the construction and civil engineering sector, but will apply to all businesses.
This will give our members, through their company union/union representative, the opportunity to negotiate more permanent employment contracts in the company.
It appears that the Norwegian text provided is incomplete ("Etter"). Could you please provide the full text you'd like translated? 01.01.2019 One can no longer be permanently employed without pay between assignments. This is directly aimed at those who are now working for a staffing agency.
There will be a clarification of what constitutes a permanent employment and new requirements for actual job scope in the contracts.
What does this mean:
The staffing agencies must clean up the staffing lists and provide employees with work.
An employee without guaranteed salary will no longer be permitted. Permanent employment = Permanent salary!
Employees in staffing agencies in part-time positions shall know when they are scheduled to work.
The scope of work must be genuine.
Are you working for a staffing agency?
From 01.01.2019, new regulations will come into effect that provide you with a more predictable work situation.
You must have a contract with a real percentage of employment.
You shall receive wages according to your employment percentage
You should know when you are supposed to work, whether daily or periodically
Fellesforbundet has long fought for better conditions for those working in the staffing industry. The legislative change came as a result of hard work from Fellesforbundet, union representatives, local chapters, and departments.
Would you and your colleagues like to learn more about your rights and are interested in doing something to improve your workplace, join Fellesforbundet.
The changes in the Working Environment Act that come into force on 01.01.2019
1. Clarification of what constitutes permanent employment – § 14-9 (2):
The Working Environment Act § 14-9 (1) will, following the legislative change, read as follows:
The employee shall be employed on a permanent basis. By permanent employment, it is meant in this law that the employment is ongoing and indefinite, that the provisions of the law regarding termination of employment apply, and that the employee is assured predictability of work in the form of a real workload.
2. Regulation of working hours – requirements for the content of the written employment contract – § 14-6 (1) j:
The employment contract shall include information about conditions of significant importance in the employment relationship, including:
j) Length and placement of the daily and weekly working hours. If the work is to be performed periodically, the employment contract shall specify or provide the basis for determining when the work shall be carried out.
The law states that you have the right to predictability and certainty regarding your salary in the employment relationship. This also applies to those employed by staffing agencies, who now have specific requirements for their employment contract.
Honest about the requirements for the employment contract at the time of hiring under the new leasing provisions introduced on January 1, 2019:
It should be stated in the employment contract that you are permanently employed by the company.
2. Your employment contract shall specify the percentage of employment you are to work.
3. Your employment contract shall specify the duration and placement of working hours.
4. The employment contract shall not impose unreasonable restrictions on part-time employees' ability to enter into other employment relationships in order to achieve satisfactory income beyond the agreed part-time position.
5. Your employment contract shall specify when your salary will be paid.
If this is not addressed in the employment contract, these templates can be used:
Worker sends a written inquiry to the company regarding the content of the employment contract:
The company union requests a dispute meeting HA §2-3 regarding the content of the employment contract
If disagreements arise at the meeting, this disagreement protocol can be used
Painter
Before negotiations about temporary agency work can begin, a clarification meeting (AML §9-3) must be requested with the company. Here, the company's future staffing needs and how these should be addressed will be discussed. Fellesforbundet aims for as many permanent employees as possible in the company. Six criteria have been established for you to discuss with the employer.
If the company wishes to hire temporary workers instead of employing permanent staff, they must call the union/union representative to a negotiation meeting about this in accordance with AML 14-12 (2). Here, the union/union representative must assess the company's request for temporary employment against Fellesforbundet's criteria for outsourcing and what was discussed at the clarification meeting.
If the company hires employees without an agreement with the union/representative, this is illegal.
If such a situation arises, the union/representative must request a meeting with management according to HA §2-3
If the company does not then terminate the leasing, a dispute protocol must be written and immediately sent to the union branch. If the company refuses to sign the protocol, the protocol must still be submitted.