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Norwegian labour law news

​New rules concerning exceptions from the principle of equal treatment

With effect from July 15th 2015, the Ministry of Labour and Social Affairs has passed new regulations concerning exceptions from the rules on equal treatment regarding pay and working conditions in connection with the hiring out of workers by temporary-work agencies.

According to the principle of equal treatment, the temporary-work agency is obliged to ensure that the employees that it hires out are at least given the conditions that would have applied if the employee had been recruited directly by the customer to perform the same work with regard to pay and other working conditions. For example, the temporary-work agency must pay the same salary the employee had received if the customer had employed the employee directly.

Exceptions are permitted if the temporary-work agency is bound by a collective bargaining agreement that it has entered into with a labour union with at least 10.000 members.

The permission to make exceptions applies on work within the scope of the collective bargaining agreement. This means that if an agreement applies on construction work, exceptions may only be made for such work.

The new regulations will only apply after the collective bargaining agreement has been revised or the  temporary-work agency has entered into a new agreement.


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