Strengthening Workers’ Rights: Proposed Amendments to the Working Environment Act and Civil Servants Act in Norway

Key Changes to the Working Environment Act

Elimination of Internal Company Age Limits Below 72 Years

Under current legislation, employers can terminate employment when an employee reaches the age of 72. Companies are also allowed to set lower internal age limits (down to 70 years) if specific conditions are met, such as ensuring employees have access to a satisfactory occupational pension scheme or if health and safety concerns justify it.

The proposed amendment seeks to abolish the ability to set internal company age limits below 72 years, except where health or safety considerations make it necessary. If this proposal is enacted, many businesses will need to revise their internal policies to comply with the new rules.

Extending the Working Environment Act to Offshore Renewable Energy Production

The Working Environment Act currently applies to Norwegian territory and petroleum activities on the Norwegian continental shelf. The government proposes to explicitly extend the Act to cover offshore wind energy production and other renewable energy activities at sea. This clarification aims to ensure stronger labor protections for workers in the growing offshore renewable energy sector, aligning with the framework established by the Offshore Energy Act (havenergilova) in 2010.

Proposed Amendments to the Act on Age Limits for Civil Servants

Raising the General Age Limit for Civil Servants

Currently, civil servants are subject to a general retirement age of 70 years and an absolute age limit of 75 years. In certain cases, employees may continue working beyond the general age limit if they meet the requirements of their position, with extensions granted for up to two years initially and one year at a time thereafter, not exceeding a total of five years.

The proposed amendment would raise the general age limit to 72 years, while maintaining the absolute age limit at 75 years. Additionally, the total extension period would be reduced to three years, allowing for an initial two-year extension followed by one additional year.

Proposed Amendments to the Civil Servants Act

Expanding Preferential Rights for Part-Time Employees

Under current law, part-time employees in the public sector have preferential rights to increased positions when new hires are made, provided they are qualified for the role and their preferential rights do not cause significant inconvenience to the employer.

The proposed changes would expand these rights to include situations where the employer plans to hire temporary staff or fill shifts with on-call substitutes. Part-time employees would also gain preferential rights to extra shifts and similar assignments, ensuring they are prioritized over temporary hires or external personnel.

Clarifying the Right to Permanent Employment for Temporary Workers

Currently, temporary workers hired through staffing agencies for public sector roles are entitled to permanent employment after three years of continuous temporary work, provided the work is based on § 11, first paragraph, of the Civil Servants Act (temporary replacement). However, the law is unclear on whether this right applies to temporary work under § 11, second paragraph (by written agreement within the organization).

The proposed amendment seeks to remove this ambiguity by explicitly stating that the right to permanent employment applies regardless of the legal basis for the temporary work. This change would ensure equal treatment for all temporary workers in the public sector.

What These Changes Mean for Employers

If adopted, these legislative proposals will require both public and private sector employers to adjust their policies and practices. Key areas of impact include:

• Age Limits: Employers will need to eliminate internal age limits below 72 years unless justified by health or safety concerns.
• Offshore Energy Sector: Companies operating in offshore renewable energy production will need to ensure compliance with the Working Environment Act.
• Part-Time and Temporary Employment: Public sector employers must prioritize part-time employees for additional work and ensure compliance with clarified rules on permanent employment for temporary workers.

Next Steps and Deadlines

The proposed amendments to the Working Environment Act and the Civil Servants Act represent a significant step toward strengthening workers’ rights in Norway. By addressing issues such as age limits, preferential rights for part-time employees, and protections for temporary workers, the government aims to create a more equitable and secure labor market. Employers should begin preparing for these potential changes to ensure compliance and minimize disruption.

It is important to note that these are proposed amendments and are currently under review by the Norwegian Parliament (Stortinget). Stakeholders have the opportunity to submit written input during the spring. Final decisions on the proposals are expected later this year.

How We Can Help

Navigating changes in labor laws can be complex. We have extensive experience advising organizations on adapting to new legislation. If your business needs assistance in understanding or implementing these proposed changes, please don’t hesitate to contact us.