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.

Do you work for a staffing agency?

From January 1, 2019, new rules will come that give you a more predictable working situation.

You should have a contract stating your actual full-time percentage.

You should be paid according to your position percentage

You should know when you are to work, either daily or periodically

Fellesforbundet has long fought for better conditions for those working in the staffing industry. The law change came as a result of hard work by Fellesforbundet, union representatives, clubs and departments.

If you and your colleagues want to know more about your rights and want to do something to improve your workplace, join Fellesforbundet.

The changes to the Working Environment Act that come into force on January 1, 2019

1. Clarification of what constitutes permanent employment – § 14-9 (2):

The Working Environment Act § 14-9 (1) will read as follows after the amendment:

The employee shall be employed permanently. In this act, permanent employment means that the employment is ongoing and indefinite in duration, that the act's rules on termination of the employment relationship apply, and that the employee is guaranteed predictability of work in the form of a real job scope.

2. Regulation of working time – requirements for the content of the written employment contract – § 14-6 (1) j:

The employment contract shall contain information about matters of essential significance 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 a basis for calculating when the work shall be performed.

The law says that you have a right to predictability and predictability for pay in the employment relationship. This also applies to those employed by staffing agencies, who now have special requirements for their employment contract.

a note on the requirements for the employment contract at the time of hire under the new hiring-in provisions introduced on January 1, 2019:

1. The employment contract must state that you are permanently employed by the company.

2. Your employment contract must specify the percentage of full-time work you will perform.

3. Your employment contract must specify the length and placement of the working hours.

4. The employment contract must not impose unreasonable restrictions on part-time employees' ability to take other employment to achieve a satisfactory income beyond the agreed part-time position.

5. Your employment contract must specify when wages are to be paid.

If this is not maintained in the employment contract, these templates can be used:

The employee sends a written inquiry to the company regarding the content of the employment contract:

The company club requests a dispute meeting under HA §2-3 regarding the content of the employment contract

If disagreement arises at the meeting, this disagreement protocol can be used

Templates

Before negotiations on hiring-in can start, you should request a clarification meeting (AML §9-3) with the company. Here you should discuss the company's future staffing needs and how this should be resolved. Fellesforbundet wants as many permanent employees in the company as possible. Six criteria have been set to discuss with the company.

If the company wishes to hire in staff instead of permanent employment, they must invite the club/union representative to a negotiation meeting about this under AML 14-12(2). Here the club/union representative must weigh the company's desire for hiring-in against Fellesforbundet's criteria for hiring-in and what was discussed at the clarification meeting.

If the company hires in employees without an agreement with the club/union representative, this is illegal.

If such a situation occurs, the club/union representative must demand a meeting with management under HA §2-3

If the company does not then terminate hiring-in, a dispute protocol must be written and immediately sent to the department. If the company refuses to sign the protocol, the protocol is still sent.