Law On Nav (Norwegian Labour And Welfare Act) [Nav Law]

Original Language Title: Lov om arbeids- og velferdsforvaltningen (arbeids- og velferdsforvaltningsloven) [NAV-loven]

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2006-06-16-20

Law on NAV (Norwegian Labour and Welfare Act) [NAV law].


Date LOV-2006-06-16-20


Ministry of Labour and Social Affairs

Edited

LOV-2014-12-19-74 from 01.01.2015


Published in 2006 Booklet 8


Commencement 01.07.2006

Changes
LOV-2005-06-17-61

Promulgated
16/06/2006

Short Title
NAV law

Chapter Overview:

Chapter 1. Purpose and scope (§§ 1-2)
Chapter 2. Labour and Welfare Administration (§§ 3-12)
Chapter 3. Labour and Welfare Administration and the municipalities' joint local offices (§ § 13-16)
Chapter 4. Final provisions (§§ 17-19)

Chapter 1. Purpose and scope

§ 1. Purpose The purpose of this Act is to facilitate an efficient labor and welfare, tailored to individual and social needs and based on a comprehensive and coordinated application of labor law, social security law, law on 18 December 2009 No.. 131 social services in NAV and other laws administered by the Labour and welfare administration. Labour and Welfare Administration shall meet individual human beings with respect, contribute to social and economic security and promote the transition to work and active operations.

§ 2. Labour and Welfare Administration Labour and Welfare Administration consists of NAV and the parts of city services as part of the shared local offices, see § 13.

Chapter 2. NAV

§ 3. NAV Labour and Welfare leader Labour and Welfare Administration operations. Labour and Welfare Director has the daily management of the Directorate.
The Agency will be represented at the locations determined by the Directorate, however, that representation at local level shall be in accordance with § 13 of the Act. § 14.
Directorate controller notification pursuant to § 2 no. 4 and for facilitating and implementation of internal control system notification pursuant to §§ 13 and 14 in relation to the agency. The Ministry may issue regulations to regulate treatment responsibility in NAV.

§ 4. Labour and Welfare Service's main tasks NAV is responsible for the implementation of the labor market, social security and pension policies.
Administration shall manage labor law, social security law, with the exception of chapter 5, and other laws which tasks have been added to the agency, and ensure the right performance of the individual. The agency is responsible for monitoring and controlling services, benefits and payments.
Agency will stimulate the individual beneficiary to work activity where possible, and provide advice and guidance to employers and employees to prevent sickness absence and exclusion from working life. The Agency will also assist job seekers to find work, assisting employers in obtaining labor, prevent and mitigate the adverse effects of unemployment and collect information about the labor market.
Administration operates free employment.
The Ministry may order the agency tasks other than those provided by this paragraph.
Ministry may issue regulations that in special cases transferring responsibility for labor to individual municipalities. In such cases, the provisions of the law of agency corresponding to the municipality. The ministry may in regulations lay down further rules on organization, management and the relationship between central and local responsibility in such cases.

§ 5. Delegation of Authority Labour and Welfare may delegate their powers to subordinate bodies in NAV.

§ 6. User NAV shall ensure that representatives of the users are given the opportunity to express their views in the planning, implementation and evaluation of the agency's services.

§ 7. Confidentiality Anyone performing services or labor for Labour and Welfare under this Act, bound to confidentiality under §§ 13 to 13 e. This duty of confidentiality of birth, date of birth, social security number, nationality, marital status, occupation, place of residence and workplace. The provisions of the Public Administration Act § 13b no. 5 and 6 do not apply. It can only be waived confidentiality when the provisions of the second to fifth paragraph or other provisions contained in or pursuant to law.
Information about a person can be used for dissemination of work or upon completion of labor. Furthermore, a user can contact mentioned in the Insurance Act § 15-12 fifth paragraph obtain the name and address of single parents receiving transitional within brukerkontaktens virkeområde.1

Information to other agencies may be granted if it is necessary to promote employment and welfare administration tasks, to prevent significant risk to life or serious injury to a person's health or to prevent someone wrongfully obtains disbursed public funds or evade funds from payments to the public.
Ministry may decide that information may be disclosed to public authorities in cases other than mentioned in subsection when it is satisfied that the information is necessary for these authorities to solve imposed public duties. This does not apply information about ethnicity, political or religious beliefs, health conditions, substance abuse or sexual relationship.
The duty of confidentiality under subsection shall not preclude the exchange of information as foreseen in the Act of 6 June 1997. 35 the Register or other disclosure of information to government agencies that have the authority to demand information notwithstanding the confidentiality.

§ 8. Mutual assistance between Labour and Welfare Administration and Social Services Ministry of Labour and Welfare shall provide sosialtjenesten1 assistance in matters relating to the individual user.
Administration shall in his work pay attention to matters which should lead to action by the social services, and acting on its own initiative provide social services with information on such matters. Information may only be granted with the consent of the user or authorized by law.
Information on benefit issues, performance issues and working conditions may be granted notwithstanding the confidentiality.
The provisions of this section apply correspondingly to the agency's right and duty to provide information to the municipality for use in cases concerning introduction benefit for the Introduction Act.
Social Services are obliged to provide information and assistance and advice the agency notwithstanding the confidentiality, cf. Labor law § 19 and Insurance Act § 21-5.

§ 9. State party position Labour and Welfare acting on behalf of the state in legal proceedings where the subject matter of the dispute arises from a decision by the laws administered by the Labour and Welfare Administration. The same applies in other legal proceedings relating to its activities. Ministry may act on behalf of the State in individual cases.
Labour and Welfare Administration Collection Agency, or the organ of the agency as determined by the Directorate, acting on behalf of the state at the enforcement proceedings for enforcement officer and another legal recovery and securing claims arising from its activities, as well as negotiations for Debt Settlement.

§ 10. Emergency Labour and Welfare Labour and Welfare is responsible for drawing up contingency plans to ensure the maintenance of the activities of the agency at the crisis in peace or war. The plans must include requirements for reliability for recruitment assistance and processing claims for benefits and payments. Agency shall ensure the existence of procedures for storage of materials and equipment, and procedures for exercises and training of personnel. Agreements with suppliers of goods and services to NAV should include requirements for deliverability and security of information in such situations.
NAV will assist with managing change in labor demand for priority operations during crises in peace or war. These include provision of registered unemployed and volunteers who register with the agency. Labour and Welfare may conduct contingency planning in cooperation with staffing agencies and other landlords of labor. The Ministry may issue further provisions on priority and dissemination of labor.

§ 11. Compulsory service at the crisis in peace and wartime In situations referred to in the National Insurance Act § 25-17 subsections, cf. Subsection, the Labour and Welfare impose employees of NAV to perform work at other organs of the agency.
Order to serve in social services and municipal health and care services under the Act 23 June 2000 No.. 56 on health and social preparedness § 4-1 may also include employees of the agency. With the consent of the Ministry of Labour can Ministry of Health order employees in the agency service in the health care agency under the Act 23 June 2000 No.. 56 on health and social preparedness § 4-1.

§ 12. Regulations The Ministry may issue regulations on employment and welfare administration bodies and their activities, including provisions for separate committees and councils.
King may issue regulations on the implementation of the provisions of §§ 10 and 11.

Chapter 3. Labour and Welfare Administration and the municipalities' joint local offices

§ 13. Common local offices NAV and municipalities will share local offices covering all municipalities.

The Agency shall carry out tasks for the agency and the municipal authorities pursuant to the Act of 18 December 2009 No.. 131 Social Services in NAV. The agency and the municipality may agree that other local authority services to be included in the office.
The Agency shall as far as possible and reasonable designed based on the principle of universal design.

§ 14. Cooperation and task sharing office shall be established by agreement between the Labour and Welfare Administration and the municipality. The agreement shall provide for localization and design, organization and operation of the office, which municipal services should be included in the office and my office will interact with representatives of the Agency's users and the municipality's other service offerings.
The agreement may provide for performing tasks on each other's jurisdictions. The Ministry may issue regulations on the framework for such provisions, including that a municipal employee director shall be entitled to exercise the same authority as a government leader would have in matters concerning employment, dismissal, suspension, dismissal and the imposition of disciplinary measures.
If the municipality delegates its authority to an inter-municipal body or the host, the agreement entered into with this body or host community.
Ministry may issue regulations concerning the settlement of disputes between the agency and the municipalities.

§ 14 a. Assessment of need for assistance to retain or obtain employment and the right to activity plan All who turn to the office, and who want or need assistance to find work, are entitled to an assessment of their needs for assistance . Users who need a more comprehensive assessment of their needs for assistance, have the right to get a work assessment. The user will receive a written assessment of

A)
their opportunities to find work

B)
what work should be the goal

C)
need assistance to find work

D)
whether and how much work is reduced

E)
the type of assistance that may be relevant to the user

Decisions pursuant to subsection may be appealed to the next highest authority or to the body that Labour and Welfare decides.
Users who have been determined that they have a need for assistance, have the right to participate in the preparation of a concrete plan for how to get work (activity plan). It shall not be drawn up activity plans for individuals who are entitled to a qualification program for the social services law in NAV.
NAV is responsible for the assessments are completed and that activity plans are being prepared. For users who are also entitled to an individual plan under § 15 shall NAV facilitate the activity plan and the individual plan as far as possible be coordinated.
The Ministry may by regulations prescribe that certain groups should be exempted from the right to employability assessments and detailed rules on the content of employability assessment.

§ 15. Cooperation with the user and the individual plans Anyone who contact the office are entitled to information about NAV's services and benefits.
The Agency shall as soon as possible to clarify the user's overall needs. The services shall as far as possible be designed in collaboration with the user.
The need of long-term, coordinated services, has the right to get an individual plan drawn. The plan will be designed in collaboration with the user. The Agency shall cooperate with other service providers about the plan to contribute to a comprehensive provision for the person concerned.
Ministry may issue regulations with further provisions on whose right to an individual plan applies to and whether the plan's content.

§ 16. Processing of personal data by the common local office and information sharing with the Labour and Welfare Service's contact center service Confidentiality under this Act or under the Act of 18 December 2009 No.. 131 Social Services in NAV is not to preclude information is available to other employees in the office to the extent needed for a suitable work and filing systems, including for use in guidance in other cases. Professional secrecy is not an obstacle to key information about individual municipal benefit issues are available for staff at Labour and Welfare Service contact center service.

Chapter 4. FINAL PROVISIONS

§ 17. Commencement This Act comes into force from the time King bestemmer.1

§ 18. Transitional provisions Until NAV has signed an agreement with each municipality according to §§ 13 and 14 and shared local offices are established, the provisions of this Act, including the changes in labor law, social security law and other laws as follows of § 19, only to the extent applicable.

Ministry may issue further transitional rules.

§ 19. Amendments to other Acts From the time the law comes into force repealed Act 17 June 2005 no. 61 on interim organization of new work and social benefits.
At the same time the following amendments to other Acts - - -