Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2017 Global Guide Quarterly updates

New Legislation on Working Hours

New Legislation Enacted

Author: Ole Kristian Olsby, Partner | advokat — Homble Olsby advokatfirma as

The Norwegian Parliament has amended the regulations on working hours in the Working Environment Act. Under the current regulations all work between 9 p.m. and 6 a.m. is considered night work and restricted. Under the new regulations, at the employee’s initiative, the employer and the employee may enter into a written agreement to work between 9 p.m. and 11 p.m., even if the general conditions relating to night work are not fulfilled. The amendments enter into effect on July 1, 2017.

New Legislation on Protection of Whistleblowers

New Legislation Enacted

Author: Ole Kristian Olsby, Partner | advokat — Homble Olsby advokatfirma as

The Norwegian Parliament amended the Working Environment Act, establishing that the regulations protecting whistleblowers shall apply equally to hired personnel and employees, that undertakings with more than five employees must establish written procedures for whistleblowing (in line with various requirements), and that the Norwegian authorities shall ensure confidentiality of the identity of whistleblowers. The new legislation enters into effect from July 1, 2017.

Supreme Court Clarifies the Role of the Labour Court

Precedential Decision by Judiciary or Regulatory Agency

Author: Ole Kristian Olsby, Partner | advokat — Homble Olsby advokatfirma as

The Supreme Court ruled on a matter regarding the jurisdiction of the Labour Court concerning the right to declare a termination invalid. Generally, the Labour Court rules on matters concerning the establishment, termination and interpretation of collective agreements, but can also rule on the individual consequences of the collective agreement. Termination of employment contracts are generally under the jurisdiction of the ordinary courts of Norway. In this case, the Confederation of Norwegian Enterprise (NHO) agreed that the employer had violated the collective agreement when terminating the employee. Nevertheless, they argued that the Labour Court did not have jurisdiction to declare a termination of the employee invalid. The Supreme Court concluded that the Labour Court had jurisdiction to rule on the employer’s actions when fulfilling his contractual obligation. The Supreme Court's judgment is relevant to all employers who are bound by collective agreements.

Initiative to Prohibit Use of Full-Face Covering Clothing in Educational Institutions

Proposed Bill or Initiative

Author: Ole Kristian Olsby, Partner | advokat — Homble Olsby advokatfirma as

The Ministry of Education and Research has initiated new legislation prohibiting use of full-face veil and other full-face covering clothing. The legislation will cover both private and public institutions, including kindergartens, schools, colleges and universities. The prohibition will also affect immigrants taking part in language courses and educational programs for refugees. The prohibition will cover all garments that cover the face, such as Muslim full-face veils (niqab), balaclavas or face masks, but not hijabs or other headscarves that leave the face exposed. The proposed legislation has broad support in the Norwegian Parliament, and we expect it to be passed in the upcoming autumn session of the Parliament.