Temporary staffing
Permanent jobs are the backbone of the Norwegian labor market. This is being destroyed by the massive use of temporary staffing, zero-hour contracts and involuntary part-time. Therefore we fight for wage security and more permanent jobs, and closely monitor the changes in the laws that came into force on January 1, 2019.
When is temporary staffing legal?
When companies have a collective agreement
When it has been negotiated with the union representatives that hiring-in is necessary/desirable
The union representatives must consent to hiring-in. Without an agreement with the union representatives, hiring-in is illegal
The agreements must now be time-limited to real production peaks
Fellesforbundet has worked on the law change in the Working Environment Act §14-12 (2) for a long time, and is closely monitoring developments in industries with high use of temporary agency work.
What is hiring-in from a production company?
Temporary staffing from a production company
When hiring in from another production company there are different rules (AML §14-13) than hiring in from a staffing agency.
Here are some checkpoints when hiring in from another production company.
A production company may not lease out more than 50% of its employees. If they do, they are to be regarded as a staffing agency.
The staffing company must carry out its own production.
Only permanent employees in the company can be leased out
Leased employees from a production company keep their wages there. Equal treatment does not apply.
The company that hires in must have an agreement with the union representatives when they hire in more than 10% of the employees, or when the hire-in is to last more than one year
The staffing company must be able to document whether they hire people from a production company
What is outsourcing?
Outsourcing
Sometimes a company wishes to outsource parts of a job as outsourcing. Here is a checklist to help determine whether it is real outsourcing being carried out, or whether there is an attempt to cover up hiring from a staffing agency.
Subcontracting is when:
Subcontractors provide their own employees and the person who leads the work
Performs a task on assignment from a client
Fixed price irrespective of time spent
The subcontractor is responsible for the result of the work performed
The subcontractor uses its own materials and tools
There is hiring-out when:
The client leads the work
A specified number of workers at disposal
Hourly rate or time-based pricing
Controls working time
Unspecified or only roughly outlined tasks
The client retains responsibility for the completed work
The client's materials and tools are used
What is outsourcing of work?
Sometimes the workload is so large that the company wishes to outsource part of a task. This must be negotiated with the club. Appendix 14 inCommon Agreement for Building Trades (FOB)
A proposal for a protocol on outsourcing of work exists HERE
This is the law change
From January 1, 2019, new provisions apply regarding who is allowed to hire in. Fellesforbundet believes this will give us the opportunity to secure more permanent hires in companies, and it limits the use of temporary agency workers.
Only companies bound by nationwide collective agreements can enter into an agreement on expanded hiring-in from a staffing agency (Working Environment Act §14-12(2)).
What does this mean:
Only entities bound by a collective agreement concluded with a union that has the right of appointment will be able to enter into an agreement on expanded hiring-in with the union representatives.
Fellesforbundet collective agreements =nationwide collective agreements
It is no longer sufficient for the company to be bound by a so-called 'house tariff agreement'.
The law change is not limited to the construction and civil engineering sectors, but will apply to all businesses.
This will give our members, via their company club/union representative, the opportunity to negotiate more permanent hires in the company.
After 01.01.2019 You can no longer be a permanent employee without pay between assignments. This is aimed directly at those who currently work for a staffing agency.
There will be a clarification of what constitutes a permanent employment and new requirements for real job scope in the contracts.
What does this mean:
Staffing agencies must tidy up their staffing lists and provide work to employees.
A worker without guaranteed pay will no longer be allowed. Permanent employee = fixed salary!
Employees of staffing agencies in part-time positions should know when they are scheduled to work.
The workload must be real.