Law On The Working Environment, Working Hours And Job Protection, Etc. (The Working Environment Act)

Original Language Title: Lov om arbeidsmiljø, arbeidstid og stillingsvern mv. (arbeidsmiljøloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-62

Law on the working environment, working hours and job protection, etc. (the Working Environment Act).

Date LAW-2005-06-17-62 Ministry of labour and Social Affairs Recently changed law-2015-12-18-104 from 01.01.2016 Published in 2005 booklet 8 entry into force 01.01.2006 Change Law-1977-02-04-4 short title Announced 17.06.2005 Working Environment Act-aml.

Chapter overview: Chapter 1. Introductory provisions (§ § 1-1-1-9), Chapter 2. The employer's and employee's duties (§ § 2-1-2-5) Chapter 3. Instruments in the work environment the work (§ § 3-1-3-6) Chapter 4. Requirements for the working environment (§ § 4-1-4-6) Chapter 5. Registration and notification, producer requirements, etc. (§ § 5-1-5-5)
Chapter 6. Safety representatives (§ § 6-1-6-5) Chapter 7. The working range (§ § 7-1-7-4) Chapter 8. Information and discussion (§ § 8-1-8-3) Chapter 9. Control measures of the business (§ § 9-1-9-5) Chapter 10. Working time (§ § 10-1-10-13) Chapter 11. Work of children and youth (§ § 11-1-11-5) Chapter 12. The right to leave (§ § 12-1-12-15) Chapter 13. Protection against discrimination (§ § 13-1-13-10) Chapter 14. Employment etc. (§ § 14-1-14-20)
Chapter 14 a. Anti-competitive deals in working conditions (§ § 14 A-1-14 A-6) Chapter 15. The cessation of the employment relationship (sections 15-1-15-17) Chapter 16. Employees ' rights by transfer of an enterprise (sections 16-1-16-7) chapter 17. Disputes about working conditions (§ § 17-1-17-7) chapter 18. Supervision of the law (§ § 18-1-18-10) Chapter 19. Punishment (§ § 19-1-19-7) Chapter 20. Final provisions (§ § 20-1-20-3) law is 68. Res. 17 June 2005 No. 609 with certain exceptions and clarifications set ikr. from 1 jan 2006, see the section 20-1 with footnote. CF. EEA Agreement annex XVIII. CF. previous laws 7 des 1956 No. 2, 19 Dec 1958 No. 3, 4 Feb. 1977 Nr. 4. Chapter 1. Preliminary provisions section 1-1. The purpose of the Act's purposes are: a) to ensure a work environment that provides the basis for a health promotion and meaningful work situation, which provides full safety against physical and psychological harm, and with a velferdsmessig standard that at any given time is in accordance with the technological and social development in the community, b) to ensure safe employment and equal treatment in the workplace, c) to facilitate customizations in the employment related to the individual employee's assumptions and life situation , d) to provide a basis for the employer and the employees in the companies themselves can safeguard and develop their working environment in collaboration with the labour and with the necessary guidance and control from the public authority, e) to contribute to an inclusive working life.

§ 1-2. What the law includes (1) the law applicable to the business that employs worker, unless otherwise expressly stated in the law.

(2) exempt from the law is: a) shipping, hunting and fishing, including the processing of the catch on Board of the ships, b) military aviation covered by aviation law. The Ministry may provide regulations on exemptions from the law for civil aviation and other State Aviation than military aviation and about special rules for such aviation.

(3) the King can give the regulation on and to what extent the provisions of Chapter 14, 15, 16 and 17 shall apply to workers covered by the law 4. March 1983 Nr. 3 about the State's officials and more or who are civil servants.

(4) the King can give the regulation on that part of the public administration, in whole or in part, shall be exempt from the law when the business is of so distinctive art that it difficult to adapt the provisions of the law.

§ 1-3. Offshore petroleum activities (1) the Act applies to the business in connection with the exploration, exploitation of natural occurrences on the ocean floor or in its underground, in internal Norwegian waters, Norwegian deep battlespace and the Norwegian part of the continental shelf.

(2) the law applicable to the business as stated in the first paragraph in the area outside the Norwegian part of the continental shelf if this follows from special agreement with a foreign State or of international law by the way.

(3) the Ministry may by regulation totally or partially exempt business as mentioned in the first and the second paragraph from the law. The Ministry may also provide regulations on that law in whole or part to apply to business as mentioned in the first paragraph in areas outside the Norwegian part of the continental shelf if the survey is made or the exploitation of natural occurrences on the ocean floor or in its underground from device registered in the Norwegian ship register or the manned underwater operations are conducted from the gadgets or vessels registered in the Norwegian ship register. The Ministry may by regulations also stipulate that the law should apply to transfer of gadgets or vessel as mentioned.

(4) of the regulations under this section may also be determined special rules.

section 1-4. Business that are not employing the employee etc.
(1) the Ministry may provide regulations on that legal rules in whole or part to apply to business that do not employ an employee.

(2) the Ministry may provide regulations on that business in agriculture that is not no use other than avløserhjelp to be exempted from the law.

(3) the Ministry may provide regulations on that the rules fully, partially, to apply to the Builder or its representative.

(4) of the regulations under this section may be determined special rules.

section 1-5. Work in the employee's and the employer's home (1) the Ministry may provide regulations on and to what extent the law to apply to work performed in the employee's home.

(2) the Ministry may provide regulations on that legal rules in whole or part to apply to an employee who performs housework, supervision or care in the employer's home.

(3) of the regulations under this section may be determined special rules.

section 1-6. People who are not employees (1) the following persons are considered as workers in relation to the rules on health, safety and security when they are performing work in the business that goes under the law: a) students at institutions that have teaching or research purposes, b) conscripts, c) civil service charge and service charge in civil defence, d) inmates in correctional institutions, e) patients in health care facilities , attførings institutions, etc., f) people in training purposes or in connection with the private initiatives in businesses without workers, g) people who without being workers participating in labour market measures.

The Ministry may by regulation fix the exception from the provision in the first sentence.

(2) the statutory provisions on the employer applies for it that allows persons referred to in the first paragraph do work in their business.

(3) the Ministry may provide regulations on the extent to which the other provisions shall apply to the persons mentioned in the first paragraph.

section 1-7. Dispatched worker (1) functional with worker meant worker who for a limited period of time working in a country other than the employment usually is attached to.

(2) Dispatch of the worker is considered to exist when a foreign business in the context of service provision: a) by arrangement with a recipient of services in Norway, sends a worker to Norway at his own expense and risk and under own management, or b) sends a worker to a business location or business in Norway which are included in the group, or c) in the capacity of being employment agency or other business that asks workers to their disposal , sending workers to a business in Norway.

(3) Representative of the worker is considered also to be released when a Norwegian business in connection with service provision sends a worker to another country within the European economic area.

(4) the King can give the regulation on which provisions in the law that will apply to broadcast workers.

§ 1-8. The employee and the employer (1) with the worker is meant in this Act any that perform work in the service of another.

(2) with the employer is meant in this Act any that have employed the employee to perform the work in his service. It as in this Act is specific about the employer, shall apply accordingly for the as in the employer's place leading the business.

section 1-9. Applicable law cannot name was waived by agreement to the detriment of the employee unless it is specifically set out.

Chapter 2. The employer's and employee's duties section 2-1. Employer's duties, the employer shall ensure that the provisions given in and in pursuance of this Act are being complied with.

section 2-2. Employer's duties to other than employees (1) when other than the employer's own employees, including contracted employees or independent, perform the tasks in relation to the employer's activity or gadgets, the employer: a) make sure that your own business is made and the work is organized and is carried out in such a way that also other than their own workers is assured a full proper work environment , b) collaborate with other employers to ensure a fully proper working environment, c) make sure that the hired employee's work time is in accordance with the provisions of Chapter 10.

(2) Hovedbedriften should be responsible for the coordination of the individual corporate health, environment and security work. If at the same time employed more than 10 workers, and no business can be considered hovedbedrift, it shall be agreed in writing who will be in charge of coordination. Coming to agreement not able, it shall be reported to the labour inspectorate who decides who should be responsible for the coordination.

(3) the Ministry may by regulation provide closer on the implementation of provisions of the employer's duties under this section.

§ 2-3. Employee's contributory duty

(1) the Worker participants at the design, implementation and follow-up of the systematic health, environmental and security work. The employee will participate in the organized the protective and environmental work in the business and shall actively contribute by implementation of the measures that are being put in the works to create a good and safe working environment.

(2) the Worker shall: a) use mandatory protective equipment, to show due care and otherwise complicit in preventing accidents and health damage, b) immediately inform the employer and cherish the Ombudsman and in the required extent other workers when the employee become aware of errors or defects that may result in danger to life or health, and that person doesn't even can fix the relationship, c) interrupt work if the employee believes that it can not continue without result in risk to life or health , d) make sure that the employer or safety Ombudsman will be advised as soon as the employee becomes familiar with that there is harassment or discrimination in the workplace, e) report to the employer if the worker becomes injured in the work or incur disease as an employee believes has its due to the work or the conditions on the work site, f) complicit by drafting and implementation of follow-up programs by full or partial absence from work due to accident , disease, wear and tear or the like, g) join in the meeting after the notice from the employer, jf. section 4-6 fourth paragraph.

h) abide by precepts from the Labour Inspectorate.

(3) an employee whose task is to lead or control other workers, shall ensure that the consideration of safety and health are taken care of during the planning and execution of the work tasks that belong under your own responsibility.

§ 2-4. Notification about censurable conditions in the business (1) an employee has the right to notify about censurable conditions in the business.

(2) employee's procedure should be justifiable by the alert. Employee has no matter the right to notify in accordance with the notification obligation or your business routines for notification. The same applies to notification to regulatory authorities or other public authorities.

(3) the employer has the burden of proof for that notification has taken place in violation of this provision.

section 2-5. Protection against retaliation by notification (1) Retaliation against the employee who notifies in accordance with § 2-4 is prohibited. If an employee sets forth information that gives reason to believe that there has been retaliation in violation of the first sentence, it should be added that such retaliation has taken place unless the employer something other sannsynliggjør.

(2) the first paragraph also applies by retaliation against the employee who gives to know that the right to notify pursuant to section 2-4 will be used, for example, by obtaining information.

(3) It has been the victim of retaliation in violation of the first or second paragraph, can claim reparation without regard to the employer's fault. Redress is determined to the amount that the Court finds reasonable taking into account the parties ' relationship and the circumstances by the way. Compensation for economic loss can be claimed after the General rules.

Chapter 3. Instruments in the work environment the work section 3-1. Requirements for systematic health, environmental and security work (1) to ensure that the consideration of employee's health, safety and the environment are taken care of, the employer make sure that it is carried out systematic health, environmental and safety work on all planes in the business. This should be done in collaboration with the employees and their elected officials.

(2) Systematic health, environmental and security work means that the employer shall: a) fix goals for health, safety and the environment, b) keep track of your business organization, including how responsibility, tasks and authority for the work with health, safety and the environment is distributed, c) mapping out the dangers and problems and on this basis consider risk conditions in business, develop plans, and take action to reduce the risk , d) during the planning and implementation of changes in the business, consider whether the work environment will be in accordance with the requirements of the law, and take the necessary action, e) implement procedures to detect, correct, and prevent violations of the requirements set out in or pursuant to this Act, f) ensure systematic work with the prevention and monitoring of sick leave, g) provide for the ongoing control of the working environment and workers ' health when the risk conditions in the business dictates that , jf. Letter c, h) make systematic monitoring and review of the systematic health, environmental and safety work to ensure that it works as intended.

(3) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this paragraph, including whether the requirements for documentation of the systematic health, environmental and security work.

section 3-2. Special precautions to ensure the safety (1) to ensure the safety in the workplace, the employer shall provide for: a) that the employee be made familiar with the accident and health hazards that may be associated with the work, and that the employee will receive the training, exercise and instruction that is needed, b) that an employee whose task is to lead or control other workers have the necessary skills to lead the control with that the work is carried out on a health and secure way , c) expert assistance when this is necessary to implement the Act's requirements.

(2) when it is not otherwise can be taken additional steps to achieve adequate protection of life or health, the employer shall ensure that adequate personal protective equipment be brought to the employee's disposal, that the employee be given training in the use of the equipment and that it is taken into use.

(3) if it is to be performed work that may involve particular risk to life or health, it should be worked out a written instructions about how the work is to be performed and the safety measures to be taken.

(4) the Ministry may give the regulation on the implementation of the provisions of this section. The Ministry may also in the regulations provide provisions on closer personal protective equipment, including whether: a) design, labeling, etc.

b) the use, maintenance, etc.

c) testing, certification and approval bodies approval d) to exercise the control associated with the production of personal protective equipment.

The Ministry may by regulation provide that the rules on personal protective equipment also apply to the manufacturer, importer and supplier.

section 3-3. Occupational health service (1) the employer is obliged to attach to a corporate business health service approved by the Labour Inspectorate when risk conditions in the business dictates that. The assessment of whether such a duty exists shall be made as part of the implementation of the systematic health, environmental and security work.

(2) Corporate health service to assist employers, workers, safety representatives and working to create healthy and safe working conditions.

(3) occupational health service is going to have a free and independent position in the environmental issues.

(4) the Ministry may by regulation provide further provisions on when and to what extent an employer is obliged to attach to the occupational health service, about which academic requirements that have to be set to the service and about what tasks it will perform.

(5) the Ministry may by regulation provide provisions on the occupational health service under this section must be approved by the Labour Inspectorate and the closer the content in such authentication scheme.

section 3-4. Assessment of measures of physical activity the employer shall, in relation to the systematic health, environmental and security work, consider measures to promote physical activity among workers.

§ 3-5. Duty of employer to undergo training in health, environment and security work (1) the employer shall undergo training in health, environment and security work.

(2) the Ministry may by regulation provide further requirements to the tutorial.

§ 3-6. Duty to accommodate for the alert the employer shall, in relation to the systematic health, environmental and security work, draw up procedures for internal notification or put in place other measures that facilitate for internal alert about censurable conditions in the business in accordance with section 2-4, if the conditions of the business requires.

Chapter 4. Requirements for the working environment § 4-1. General requirements for the working environment (1) the working environment in the business should be fully justifiable from an individually and overall assessment of the factors in the working environment that may affect employees ' physical and mental health and welfare. The standard for safety, health and the working environment shall at any time be developed and improved in accordance with the development of the community.

(2) at the planning and design of the work will be the emphasis on preventing injuries and illnesses. The work organization, facilitation and management, working time arrangements, payroll systems, including the use of performance pay, technology etc. should be such that employees are not exposed to adverse physical or mental strains and so that security considerations be safeguarded.

(3) it should be considered whether it is particularly risks related to alone work in business. Measures that are necessary to prevent and reduce any risk by alone work should be implemented, so that the requirements for a fully proper work environment be safeguarded.

(4) the business will be arranged for workers of both sexes.

(5) the access roads, sanitary, work equipment etc. should as far as possible and reasonable be designed and made so that workers with disabilities can work in the business.

(6) the Ministry may provide regulations on the restriction of the freedom to employ certain groups workers who, in particular, may be prone to injury or damage to health and about the resettlement of such workers.


(7) the Ministry may provide regulations that impose the use of SAFETY cards for workers in industries where it is necessary or appropriate to protect the workers ' health, safety and the environment and whether the overview lists of who at any time is employed in the workplace. After an order from the Ministry duties public authorities without the obstacle of secrecy to provide the issuer of the HSE card all information from public records that are required for the issuing of the SAFETY card.

(8) when the consideration of health, safety and the environment dictates that in the regulation, the Ministry can provide provisions on that businesses that offer cleaning services must be approved by the Labour Inspectorate, and whether it's closer to the contents of such authentication scheme. When there are demands for such approval, it will be illegal to use services from businesses without approval.

§ 4-2. Requirements for facilitation, participation and development (1) Workers and their elected officials to be kept informed about the systems that are utilised by the planning and execution of the work. They should be given the necessary training to put themselves into the systems, and the participants at the design of them.

(2) in the design of the individual's employment situation should: a) adds that the employee be given the opportunity for professional and personal development through their work, b) the work is organized and arranged under consideration of the individual employee's work capacity, skill, age, and other assumptions, c) the emphasis is on to give the employee the opportunity to self-determination, influence and professional responsibilities, d) employee as far as possible be given opportunity for variation and to see the relationship between the individual tasks , e) it be given adequate information and training so that the worker is able to perform the work when that happens changes that affect his or her work situation.

(3) Under the restructuring processes that involves changing the importance for workers ' employment situation, the employer provide the information, interaction and competence development as is necessary to attend to the demands of a fully proper work environment.

(4) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this section.

section 4-3. Requirements to the psychosocial work environment (1) the work should be facilitated so that the employee's integrity and dignity is respected.

(2) the work to search designed so that it provides the opportunity for contact and communication with other workers in the enterprise.

(3) the employee shall not be subjected to harassment or other improper behavior.

(4) an employee shall, as far as possible, be protected from violence, threats and unfortunate charges as a result of contact with others.

(5) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this section.

§ 4-4. Requirements to the physical work environment (1) Physical working environment factors such as building and equipment the best conditions, indoor air, lighting conditions, noise, radiation, etc., should be fully justifiable from the consideration of employees ' health, safety, security and welfare.

(2) the workplace should be designed for adaptation and so that the worker avoids the unfortunate physical loads. The necessary utilities to be set to the employee's disposal. It should be added to correct for variation in the work and to avoid heavy lifting and monotonous repetition work. By the statement and the use of computers and other work equipment should it be provided that the worker is not subjected to unfortunate charges by vibration, uncomfortable work posture, etc.

(3) machines and other work equipment should be designed and have the necessary protective devices so that the worker is protected against damage.

(4) Accommodation as an employer provide for the employee to be prudent performed, decorated and maintained. Any house order rules to be determined in consultation with the representatives of the employees.

(5) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this section and may decide that the rules will be including, apply to landlords of premises, etc.

§ 4-5. Especially about chemical and biological health hazards (1) when handling chemicals or biological material to the work environment be facilitated so that the worker is secured against accidents, human health and especially the discomfort. Chemicals and biological material to be produced, packaged, used and stored so that the worker is not subjected to health hazards.

(2) chemicals and biological material that may involve damage to health, should not be used if they can be replaced with others or with a different process that is less dangerous to workers.

(3) the business will have the necessary procedures and equipment in order to prevent or counteract the health damage due to chemicals or biological material.

(4) the business to lead index of dangerous chemicals and biological material. Library to among other things, educate people about the physical, chemical and hazardous properties, preventive protective measures and first-aid treatment. Containers and packaging for chemicals and biological material shall be clearly marked with your name, the composition and the warning on the Norwegian.

(5) the labour inspectorate can in each case in whole or in part, make exceptions from the rules in this section in conjunction with the research and analysis work, etc.

(6) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this paragraph, and decide that it can including shall be the register of workers exposed to specific chemicals or biological material.

(7) the Ministry may by regulation provide closer to provisions on use, registration, assessment, approval, reporting, information, restriction and other treatment of chemicals.

section 4-6. Especially in facilitating workers with reduced work capacity (1) If a worker has received reduced employability as a result of accident, disease, wear, etc., to the employer, as far as possible, take appropriate action for that employee to be able to keep or get a suitable work. The employee should preferably be provided the opportunity to continue in their usual work, possibly after the special arrangement of the work or working time, changes to the equipment, reviewed the work private initiatives, etc.

(2) if in pursuance of the first paragraph is applicable to transfer an employee to other work, the employee and the employee's representatives be included on the Board before the case is decided.

(3) the employer shall, in consultation with the worker making the follow-up plan for return to work in connection with the accident, disease, wear and tear or the like, unless this is clearly unnecessary. The work of the follow-up plan should start as early as possible, and the plan shall be prepared no later than when the worker has been partially or completely away from work for four weeks. The follow-up plan should contain an assessment of the employee's work tasks and work capacity. The plan should also include appropriate measures in the employer's Director, appropriate measures with the assistance of the Government and plan for further action. The employer shall ensure that the plan is communicated to the sick report as soon as it is prepared, and at the latest after four weeks. The employer shall further ensure that the updated plan will be sent to the labour and welfare no later than a week before the dialogue meetings that Work and welfare is calling for, cf. insurance law § 25-2 third paragraph.

(4) the employer shall summon the worker to the dialog meeting about the contents of the follow-up plan no later than seven weeks after the employee has been completely away from work as a result of accident, disease, wear and tear or the like, unless this is clearly unnecessary. For the worker who for the same reasons are partially away from the work, such a meeting shall be held when the employer, employee or sick reports consider it appropriate. If both the employer and employee, or the employee alone, would like it, ill be summoned to the meeting report dialog. If there are extraordinary circumstances related to the sick work situation can melders, ill be exempted from the obligation to report to participate in the dialogue meeting. Work and welfare, occupational health service and other relevant actors can be summoned if the employer or the employee wants it. The same applies to other relevant actors, anyway so that health care professionals who treat or have treated worker cannot be called in if the employee opposes it.

(5) the employer shall be able to document how the provisions relating to the follow-up plan and dialogue meeting has been followed up, including who has been summoned to and have participated in the dialogue meeting.

(6) the Ministry may by regulation provide closer on the implementation of provisions of the requirements of this section.

Chapter 5. Registration and notification, producer requirements, etc.

section 5-1. Registration of the injuries and illnesses (1) the employer shall ensure the registration of all injuries that occur during the execution of the work. The same applies to the disease that is believed to have its due to the work or the conditions of the workplace.

(2) the registry must not contain medical information of a personal nature unless the information relates has consented. The employer has sworn to secrecy about the details of personal relationships in the registry.

(3) the register shall be available to the Labour Inspectorate, safety representatives, occupational health service, and the working range.

(4) the employer shall cause the statistics on sick leave and absence at the child's disease after further guidelines from the labor and welfare Directorate, cf. insurance law § 25-2 the first paragraph.

section 5-2. The employer's warning and notification

(1) If an employee is injured or seriously perish by a work accident, the employer immediately and on the fastest way to notify the Labour Inspectorate and the nearest police authority. The employer shall verify the notification in writing. Cherish the Ombudsman should have the copy of the receipt.

(2) the Ministry may provide regulations on that such notice is to be given also in other cases.

(3) the Ministry may provide regulations that the employer shall notify the Labour Inspectorate about: a) work accident for which no notification is required after the first or second paragraph, including acute intoxication, and near misses to such accidents, b) disease that is or can be caused by work or the conditions of the workplace.

(4) the Ministry may by regulation provide closer provisions on the scope and implementation of the warning and sign the obligation under this section.

section 5-3. Heal notification (1) any physician who through his work gain knowledge that the worker is suffering from an occupational disease that is the equal of occupational injury after insurance law § 13-4, or any other disease that the doctor guess due to employee's work situation, shall give written notice of it to the Labour Inspectorate.

(2) if the worker gives his consent, the employer under directed about the disease.

(3) the Ministry may by regulation provide closer provisions on the scope and implementation of the report obligation, including that it should include specified diseases that can be assumed to be due to the nature of the or conditions on the work place.

§ 5-4. Manufacturers and importers of chemicals and biological material (1) the that produce or import chemicals or biological material to be used or is expected to be used in business that goes under this Act, shall: a) to provide information about the chemistry or kaliets material composition and properties, b) take the measures that are necessary to prevent accidents and health damage or especially discomfort or inconvenience for workers , c) give notice to the Ministry determines whether the chemistry kaliets or material name, composition, physical and chemical properties, as well as supplementary information that had to be required to determine the drug's farlighetsgrad, d) ensure proper packaging so that accidents and health damage be prevented, e) brand packaging with chemistry kaliets or material name, the manufacturer's or importer's name and clear warning on the Norwegian. Label for marking to be sent along with the message after the letter c.

(2) exempt from notification and notice duty after these provisions are foods and substances that enter under matloven as well as drugs.

(3) the Ministry may by regulation provide further provisions on manufacturers ' and importørers duties under this section, including about exceptions in cases where importers applying the imported chemicals or biological material. The Ministry may by regulation provide that the provisions of or in pursuance of this paragraph in whole or in part to apply to dealers, or that the manufacturer's or importer's duties after the paragraph here rather than going to the dealer included.

(4) the Ministry may by regulation provide closer to provisions on the manufacture, import, registration, assessment, approval, reporting, information, restriction and other treatment of chemicals.

section 5-5. Manufacturers, suppliers and importers of machinery and other work equipment (1) the manufacture, import, sell, rent or lend computers and other work equipment to be used, or expected will be used in operations that go into under the law, before the work equipment provided for use, make sure that it is designed and provided with protective devices in accordance with the requirements of the law.

(2) machines and other work equipment that's for display in the sales or advertising purposes, or be presented for demonstration purposes, and which are not provided with the necessary protective devices, shall be visible with information about parted that the equipment does not meet the requirements set out in or pursuant to this Act and cannot be delivered to use before the manufacturer, the supplier or importer has made sure that the requirements are met. By demonstrations should it meet the necessary measures to prevent that people, animals and property exposed to danger.

(3) at the construction of machines and other work equipment as mentioned in this paragraph, it shall ensure that it can be used after its purpose without having to incur particular disadvantages or discomfort.

(4) with machines and other work equipment referred to in the first paragraph to the following necessary and easily understandable written user's manual in Norwegian about transportation, the statement, operation and maintenance.

(5) the one that undertakes to mount machines and other work equipment as mentioned in this paragraph, shall ensure that they are enabled and set up in accordance with the requirements of the law.

(6) machines and other work equipment as mentioned in the first paragraph shall, before it transferred or for display, be provided with the manufacturer's or importer's name and address, or with other marking that makes it easy to identify the manufacturer or the importer.

(7) the Ministry may by regulation provide further provisions on machines and other work equipment, including whether: a) construction, execution, the statement, labeling etc.., b), c) approval the approval of bodies to exercise control related to the production, d) survey or an inspection.

(8) Expenses to survey or an inspection imposed pursuant to the seventh paragraph, worn by the obligation to make the survey or survey lines.

Chapter 6. Safety representatives section 6-1. Duty to choose safety representatives (1) at every business that goes under the Act to be the selection of safety representatives. By business with less than 10 workers can the parties written agreement a different arrangement, including that there shall be safety representatives at the business. If not otherwise laid down about the time of the agreement's validity, considered the who quit for 2 years, counting from the day it was signed. The Directorate of labour inspection can, after a concrete assessment of the conditions in the business, fix that it still should have safety representatives. By business with more than 10 employees can be selected more safety representatives.

(2) the number of safety representatives are determined in relation to the company's size, the nature of and the working conditions at large. If the company is composed of several separate departments, or the work is done on the shift, it should in General be selected at least one safety delegate for each department or skiftlag. Each area should be clearly delineated and must not be greater than that cherish the Ombudsman can have a full overview and attend to their tasks in the proper way.

(3) business with more than one safety delegate shall have at least one senior, who has the responsibility to coordinate the mandates the protection business. The main verneombudet to be selected among the safety delegates ' activity or others who have or have had positions of trust by the business.

(4) who at any time serves as safety representatives at the business, shall be made known by the spread in the workplace.

(5) the Ministry may provide regulations with closer rules about the number of safety representatives, for the election, including whether the conditions for the right to vote and eligibility, of the local Trade Union the right to appoint safety representatives, and whether the protective function the mandates.

§ 6-2. Protective tasks the mandates (1) to ensure the protection of employees ' interests of the Ombudsman in matters pertaining to the work environment. Cherish the Ombudsman shall see to it that the business is made and maintained, and that the work is carried out in such a way that the consideration of employees ' safety, health and welfare are taken care of in accordance with the provisions of this Act.

(2) the Ombudsman shall ensure the protection especially: a) that machines, technical devices, chemical substances and work processes do not expose workers to danger, b) that protective devices and personal protective equipment are present in the appropriate quantity, that it is easily accessible and in proper condition, c) that workers receive the necessary instruction, exercise and training, d) that the work is otherwise accessible so that workers can perform the work on health and secure way , s) that messages about work accidents etc. According to § 5-2 is being sent.

(3) becomes a safety representatives familiar with the conditions that could lead to injury and damage to health, to protect the Ombudsman immediately notify workers on site, and the employer or its representative shall be made aware of the relationship if the Ombudsman cannot guard even ward off the danger. The employer should provide safety in response to the Ombudsman inquiry. It is not within a reasonable time taken into account message, to cherish the Ombudsman notify the labour inspectorate or the AMU.

(4) Protective to include on the Ombudsman's advice during the planning and implementation of measures that affect the work environment within the mandates protection area, including the establishment, exercise and maintenance of the systematic health, environmental and safety work, cf. § 3-1.

(5) the protection should be made familiar with the Ombudsman all occupational diseases, work accidents and near misses to accidents within their area, if occupational hygiene reports and measurements, and whether any errors and defects that are proven.

(6) protection of the Ombudsman should familiarize themselves with the current safety rules, instructions, orders and recommendations provided by the labour inspectorate or the employer.

(7) protection of the Ombudsman will be participating at The Authority's inspections in the business.

(8) the Ministry may by regulation provide closer to rules on safety, the mandates and the mandates of business confidentiality. In the rules can be determined that the protected will perform the tasks that the Ombudsman is attributed to the AMU according to § 7-2, when the business does not have such a choice. The authority to make decisions under section 7-2 fourth paragraph third period and fifth paragraph, cannot be attributed to cherish the Ombudsman.

section 6-3. Cherish the mandates the right to stop dangerous work

(1) if the Ombudsman believes that conservation exists immediate danger for employees ' life or health, and the danger is not immediately can be averted in any other way, can the work be stopped until The Authority has decided on the work can continue. The work must be stopped only to the extent the Ombudsman deems it necessary protection to ward off danger.

(2) the Suspension and the reason for it to be promptly be reported to the employer or its representative.

(3) Protect the Ombudsman is not liable for damage caused to the business as a result of that the work be stopped according to the provision in the first paragraph.

section 6-4. A particular local or regional safety representatives (1) within the construction business by loading and unloading work and otherwise, when particular circumstances make it necessary, the Ministry give the regulation on it to be special local safety representatives. Such safety representatives can get the tasks, duties and rights as mentioned in § § 6-2 and 6-3 to employers in the workplace.

(2) the Ministry may provide regulations on that it should be regional conservation Commissioner schemes which should include several businesses within a geographical area.

(3) Regulations under this section may include rules about how the safety delegates ' activity be appointed, what tasks they should have, and how the expense of their business to be allocated.

section 6-5. Expenses, training etc.
(1) the employer shall ensure that the safety representatives receive the training that is needed to be able to perform the task in the proper way. Safety representatives have the right to take the necessary training by courses that workers ' organizations arrange. The Ministry may by regulation set closer to the requirements for the training.

(2) safety representatives to get the necessary time to carry out conservation work in the proper way. In General to tasks performed within the regular working time.

(3) the employer is responsible for the expenses for training, and other expenses in connection with the protection of the mandates work. Protective work that must be done out of the ordinary working hours pursuant to section 10-4, will be made as for the overtime work.

(4) the employer shall ensure that the tasks such as safety representatives does not cause loss of income for the military Ombudsman, or otherwise causes the protective the mandates work or employment conditions deteriorate.

Chapter 7. Working section 7-1. The obligation to create the working sample (1) in the business where it regularly employed at least 50 workers, it should be working, where the employer, the employees and the occupational health service is represented. The working range should be created also in business with between 20 and 50 workers, when one of the parties by the business requires it. Where the working conditions warrant, the labour inspectorate may decide that it should be created working in business with fewer than 50 workers.

(2) the AMU can create under selection.

(3) the persons who at any time are members of the Committee shall be made known by the spread in the workplace.

(4) the employer and the employees should have the same number of representatives in the selection. The head of the Committee be selected alternately of the employer's and employees ' representatives. Representatives of the occupational health service does not have the right to vote in the selection. In making the leader's voice the trick.

(5) the Ministry may provide regulations with closer to rules on the AMU, including about the composition, election and term of Office. The Ministry may give rules that other cooperative in business, on closer terms, can act as the working range.

section 7-2. The Working Committee's tasks (1) the AMU to work for the implementation of a fully proper working environment in the business. The Committee shall participate in the planning of protective and environmental work, and carefully follow the evolution in questions that concern workers ' safety, health and welfare.

(2) the AMU will process: a) questions pertaining to occupational health service and the internal protective service, b) questions about the training, instruction and information business in the business, that has significance to the work environment, c) plans that require The Authority's consent pursuant to section 18-9, d) other plans that can get paramount to the work environment, such as the plans for building works, purchase of computers, rationalization, work processes, and preventive protection measures, e) the establishment and maintenance of the systematic health- , environment and security work, cf. section 3-1, f) health and velferdsmessige issues related to working-time arrangements.

(3) selection can also manage questions about workers with reduced work capacity, cf. section 4-6.

(4) the Committee shall review all reports of occupational diseases, work accidents and near misses to the accidents, the search to find the cause of the accident or disease, and see to it that the employer take action to prevent recurrence. The selection shall in general have access to The Authority's and police investigative documents. When the Committee finds it necessary, it may adopt that surveys should be undertaken by expert witnesses or Commission of inquiry that the Committee shall appoint. The employer may without undue delay submit the decision for the labour inspectorate to the decision. The Committee shall review all reports of occupational hygiene surveys and measuring results. Before the selection process the reports referred to in this paragraph, to medical information of a personal nature is taken out of the reports, unless the info is true, agree that they are added to the selection.

(5) If the AMU finds it necessary to protect the employees ' life or health, the Committee can adopt that the employer will take concrete measures to remedy of the work environment, within the framework of the provisions given in or pursuant to this Act. To clarify whether there is damage to health, the Committee can also adopt that the employer will perform measurements or surveys of the work environment. The Committee should set a deadline for the implementation of the decision. If the employer does not find to be able to implement the Committee's decision, to the question without undue delay be submitted for the labour inspectorate to the decision.

(6) the AMU to report each year on its activities to the company's governing bodies and employees ' organizations. The Directorate of labour inspection can give further rules of annual report's content and design.

(7) the Ministry may provide regulations with closer to rules about the Committee's business, including rules about the proceedings and about the confidentiality of the Committee's members.

section 7-3. Special local working (1) within the construction business by loading and unloading work and otherwise, when particular circumstances make it necessary, the Ministry give the regulation on it to be special local working. Such pools can get the tasks, duties and rights as mentioned in § § 7-1 and 7-3 to all employers in the workplace.

(2) Regulations under this section may include rules about how the working samples be appointed, what tasks they should have and how the expense of their business will be distributed.

section 7-4. Expenses, training etc. The rules in section 6-5 also applies to members of the Working Committee.

Chapter 8. Information and discussion section 8-1. The duty of information and discussion (1) in business that regularly employ at least 50 employees to the employer to inform and discuss the issues of importance to employees ' working conditions with workers ' representatives.

(2) the Ministry may provide regulations on the calculation of the number of workers in the business.

section 8-2. Implementation of the obligation of information and discussion (1) the obligation of information and discussion pursuant to section 8-1 include: a) the information about the current and expected development of the company's activities and financial situation, b) information on and discussion of the current and expected the staffing situation in the business, including any restrictions and the actions an employer considering in that regard, c) information on and discussion of the decisions that could lead to significant change in the organization or affiliation.

(2) information after the first paragraph, LITRA a should take place at an appropriate time. Information and discussion after the first paragraph letters b and c shall be made as early as possible.

(3) the information to be provided so that it is possible for the officials to put himself into the case, make an appropriate examination, consider the matter and to prepare any discussion. The discussion will build on the information from the employer, take place at the level of management and representation that case dictates and happen in a manner and with a content which is appropriate. The discussion will be implemented so that it is possible for the officials to meet the employer and obtain a response to reject has motivated statements they had to cast. Discussion after the first paragraph, LITRA c should be aimed at achieving an agreement.

(4) the provisions of this section may be waived by the collective agreement.

section 8-3. Confidential information (1) If your business requirements dictate that certain information should not be passed on, the employer can impose on elected officials and any advisors confidentiality. Confidentiality also applies after the expiry of his or her mandate period.

(2) the employer may in particular cases failing to provide information or conduct discussion if this at the appropriate time, obviously, will be of significant harm to your business.

(3) the enterprise or a part of five elected representatives of workers may bring the dispute about the employer's decision after the first and the second paragraph in for Corporate democracy Committee. The dispute could not be brought in after that the information the decision applies has been publicly known. The Ministry may by regulation provide closer to provisions on the Committee's authority and procedure in disputes under this section.

Chapter 9. Control measures in the business


section 9-1. Terms of control measures in the business (1) the employer may only implement control measures to the employee when the measure have just cause in your business relationship and it does not involve a disproportionate burden for the employee.

(2) the personal data Act applies to the employer's treatment of information about workers in connection with control measures unless otherwise provided for in this or any other Act.

section 9-2. Discussion, information and evaluation of control measures (1) the employer duties as early as possible to discuss the requirements, design, implementation and significant change of control measures in the business with the employees ' elected representatives.

(2) Before the measure is implemented, the employer shall give the affected workers information for: a) the purpose of the measure, control b) practical consequences of control measure, including how control measure will be implemented, c) control action estimated duration.

(3) the employer shall together with the employees ' elected officials regularly evaluate the need for the control measures that will be implemented.

section 9-3. The collection of health information by employment (1) the employer must not in the announcement for new workers or otherwise request that the applicants should provide other health information than those that are required to perform the job duties that relate to the position. The employer must also not take action to collect health information in another way.

(2) the Ministry may by regulation provide closer to provisions on the information that can be collected under this section.

section 9-4. Medical examinations of applicants and employees (1) the employer may only require that the medical examinations to be undertaken: a) when it follows from the law or regulations, b) at positions that involve particular risk, c) when the employer finds it necessary for the protection of life or health.

(2) the Ministry may provide regulations on terms and conditions to require medical examinations under this section.

section 9-5. Visibility into employee's email, etc. The employer's right to visibility into employee's email, etc. be regulated in the regulations given pursuant to the personal data Act, section 3 the fourth paragraph, first sentence.

Chapter 10. Working time § 10-1. Definitions (1) with the working time will mean the time worker stands at the disposal of the employer.

(2) with the free will mean the time the employee is not at the disposal of the employer.

section 10-2. Working-time arrangements (1) working time arrangements should be such that employees are not exposed to adverse physical or mental strain, and so that it is possible to attend to security considerations.

(2) an employee who regularly works at night are entitled to exemption from the working-time arrangement that applies to the employee group, if the person concerned of the health, social, or other weighty welfare reasons have a need for it and the exemption can be completed without significant inconvenience to the business.

(3) the employee has the right to flexible working hours if this can be completed without significant inconvenience to the business.

(4) an employee who has filled 62 years or that of the health, social or other weighty welfare reasons are in need of it, have the right to have reduced their working hours if working-time reduction can be completed without significant inconvenience to the business. When the agreed period of reduced working time is over, the worker the right to go back to the previous working time. Under otherwise equal conditions have employee with reduced working time preferences to increase their working time when the position becomes vacant in the business, provided that the position completely or substantially is attributed to the same work tasks. Preferential rights pursuant to section § 14-2 and 14-3 goes in front of the preferential right after the provision here.

§ 10-3. The work plan If the employees work at different times of the day, it should be worked out a work plan that shows the weeks, days and times the individual worker is going to work. The work plan should be drawn up in cooperation with employees ' representatives. If not otherwise stated in the collective agreement, should the work schedule is discussed with the employees ' elected representatives as early as possible and no later than two weeks prior to implementation. The work plan should be readily available to the employees.

§ 10-4. Ordinary working time (1) the General working time must not exceed nine hours during 24 hours and 40 hours over seven days.

(2) For work as completely or substantially is of passive character, the working time can be extended by up to half of the passive periods, but not by more than two hours over the course of 24 hours and ten hours over seven days. The labour inspectorate may work is especially passively, give consent to that working hours be extended beyond what is provided for in the first sentence, but so that the working time does not exceed 13 hours in the course of 24 hours. The General working time must not exceed 48 hours over seven days.

(3) For emergency guard outside the workplace should as a general rule at least 1/7 of the guard is considered in the General working time, depending on how stressful duty scheme is. The employer and the employees ' representatives in the business that is bound by the collective agreement, may by written agreement derogate from the provision in the first sentence. The labour inspectorate may claim from the employer or the employees ' representatives fix a different method of calculation if the calculation of working time after the first sentence will seem unreasonable.

(4) the General working time must not exceed nine hours during 24 hours and 38 hours during the seven days: a) around the clock shift work and comparable shifts work, b) work on two shifts that regularly run on Sun and weekend days, and comparable work that shifts regularly operated on Sun and weekend days, c) work which means that the individual worker must work at least every third Sunday , d) work which is mainly operated at night.

(5) the General working time must not exceed nine hours during 24 hours and 36 hours during the seven days: a) helkontinuerlig shift work and comparable shifts work, b) work under the Earth in mines, tunnel operation and utsprengning of the caverns under the Earth.

(6) For three-part the shift and shifts work that does not fall under the fourth or fifth paragraph and that means that the individual worker must work at least every third Sunday, it reduces the General working time after the first paragraph in that every hour worked at Sun and weekend morning, jf. § 10-10 the first paragraph, is considered equal to 1 hour and 10 minutes, and every hour worked at night, jf. § 10-11 the first paragraph is considered equal to 1 hour and 15 minutes, down to 36 hours during the seven days. The General working time must not exceed nine hours during 24 hours and 38 hours over seven days.

§ 10-5. Average calculation of the General working time (1) the employer and the employee may written agreement that the General working time can be arranged so that it is in the course of a period of at most 52 weeks on average is not being longer than prescribed in § 10-4, but so that the General working time does not exceed ten hours during 24 hours and 48 hours over seven days. The limit of 48 hours during the seven days can gjennomsnittsberegnes over a period of eight weeks, yet so that the General working time does not exceed 50 hours in a single week. Agreement after this paragraph can not be entered into with the employee who has been employed with the basis in section 14-9 the first paragraph letter f.

(2) the employer and the employees ' representatives in the business that is bound by the collective agreement, the written agreement that the General working hours should be arranged so that it is in the course of a period of at most 52 weeks on average is not being longer than prescribed in § 10-4, but so that the General working time does not exceed 12.5 hours during 24 hours and 48 hours over seven days. The limit of 48 hours during the seven days can gjennomsnittsberegnes over a period of eight weeks, yet so that the General working time does not exceed 54 hours in any single week. By entering into the agreement the General working time exceeds 10 hours over the course of 24 hours, it should be a particular emphasis on the consideration of employees ' health and welfare.

(3) the labour inspectorate can agree that the General working time in the course of a period of at most 26 weeks on average is not being longer than prescribed in § 10-4, but so that the overall working time does not exceed 13 hours within 24 hours and 48 hours over seven days. The limit of 48 hours can gjennomsnittsberegnes over a period of eight weeks. Before the Labour Inspectorate hit its decision, to the arrangement of working time is discussed with the employees ' elected representatives. Minutes of the talks as well as the draft work plan shall be attached to the application. The Labour Inspectorate will be at its decision to add a particular emphasis on the consideration of employees ' health and welfare.

§ 10-6. Over time (1) work beyond the agreed working time must not be carried out without there being a particular and time restricted demand for it.

(2) goods worked for some worker out of the limit for the General working time is considered the excess as overtime work.

(3) before work as mentioned in this paragraph will be implemented to the employer, if possible, discuss the necessity of it with the employees ' elected representatives.

(4) the overtime work must not exceed ten hours during the seven days, 25 hours in four consecutive weeks and 200 hours during a period of 52 weeks.

(5) the employer and the employees ' representatives in the business that is bound by the collective agreement, the written agreement of overtime work up to 20 hours during the seven days, but so that the total overtime work does not exceed 50 hours in four consecutive weeks. Overtime work must not exceed 300 hours within a period of 52 weeks.


(6) the labour inspectorate may upon application in particular cases allow the total overtime work up to 25 hours over seven days and 200 hours over a period of 26 weeks. Minutes of the talks, jf. third paragraph, shall be attached to the application. Promotes the business application for over time within the framework of the fifth paragraph, the reason that the case is not resolved by agreement with the officials always provided. The Labour Inspectorate will be at its decision to add a particular emphasis on the consideration of employees ' health and welfare.

(7) overtime work beyond the frame in fourth paragraph can only be imposed on workers who in each case has agreed to it.

(8) the total working time must not exceed 8 hours within 24 hours or 48 hours over seven days. The limit of 48 hours during the seven days can gjennomsnittsberegnes over a period of eight weeks, yet so that the overall working time pursuant to section 10-5 the second paragraph and section 10-6 fifth paragraph does not exceed 69 hours in any single week.

(9) the employer and the employees ' representatives in the business that is bound by the collective agreement, the written agreement exceptions to the limit of 13 hours in the eighth paragraph, but so that the overall working time does not exceed 16 hours over the course of 24 hours. The employee should in that case be ensured equivalent compensatory rest periods or, where this is not possible, other appropriate policy.

(10) the employee has the right to be exempt from to perform work beyond the agreed working time when the person in question of health or weighty social reasons. The employer duties also otherwise to exempt worker who asks for it, when the work without damage can be delayed or performed by others.

(11) For overtime work shall be paid in addition to the wages the employee has for similar work in the General working time. The add-in should be at least 40 percent.

(12) the employer and the employee may written agreement that overtime hours in whole or in part should be taken out in the form of the free on an agreed point in time.

§ 10-7. Overview of the working time to be released a list that shows how much the individual worker has worked. The list shall be available to the Labour Inspectorate and the employees ' elected representatives.

§ 10-8. Daily and weekly work free (1) Worker to have at least 11 hours continuous working free within 24 hours. The work-smoking period to be placed between two main work periods.

(2) the Worker should have a coherent work free period of 35 hours during the seven days.

(3) the employer and the employees ' representatives in the business that is bound by the collective agreement, the written agreement exceptions from the provisions of the first and second paragraph. Such an agreement can only be entered into if the worker be ensured equivalent compensatory rest periods or, where this is not possible, other appropriate policy. It can not be agreed shorter work-free period than 8 hours within 24 hours, or 28 hours during the seven days. The limit of 8 hours does not apply when the work beyond the agreed working time (cf. § 10-6 first paragraph) or work at the draft card during the emergency guard outside the workplace is necessary to avoid serious disturbances. By business that are not bound by the collective agreement, the employer and the employees ' representatives on the same terms written agreement work in the work-free period, when this is necessary to avoid serious disturbances.

(4) the work free as mentioned in the second paragraph should as far as possible include Sunday. An employee who has made the Sun and weekend day's work, to have the free following Sun and weekend day 24. The employer and the employee may written agreement a working time arrangement that, on average, gives the employee work free every other Sun-and weekend morning over a period of 26 weeks, yet so that the weekly fridøgn at least every fourth week falls on a Sun-or weekend morning.

(5) the Ministry may by regulation establish a distribution of free 48 hours that differ from the rules in the fourth paragraph.

§ 10-9. Breaks (1) Worker to have at least a break if the daily working time exceeds five and a half hours. The breaks are going to be together at least half an hour if the daily working time is at least eight hours. If the worker is not free to leave the workplace during the break or where there are no satisfying break rooms, going to the break is considered a part of working time. When conditions make it necessary, the break is offset.

(2) when an employee works more than two hours after the General working time is discontinued, the employee is given a break of at least half an hour. The break is considered a part of working time. Break that is added after the ordinary working time end, will be made as overtime work, but are not counted in the number of hours it is allowed to work over time under section 10-6. When conditions make it necessary, may break down or shortened shifted.

§ 10-10. Sunday work (1) it shall be work free from 23:00. 1800 the day before a Sun-or weekend morning and until 18:00. 2200 the day before the next business day. Christmas, Easter and Pentecost Eve should it be work free from 23:00. 1500 to kl. 2200 the day before the next business day. Work within these time periods are regarded as Sun and weekend day's work.

(2) work on the Sun and weekend days are not allowed unless the nature of the makes it necessary.

(3) the employer shall discuss the need for Sun and weekend day's work with employees ' representatives before it is implemented.

(4) in business that is bound by the collective agreement can the employer and worker representatives enter into written agreement about work at the Sun and weekend days if there is a particular and time restricted the need for this.

(5) the employer and the employee may stop written agreement about work at the Sun and weekend days outside of the cases mentioned in this paragraph, to the corresponding free on other days which, according to the employee's religion is a weekend or holiday. Such an agreement may be entered into without regard to the provisions of section 10-8, fourth paragraph.

§ 10-11. Night work (1) work between 23:00. 2100 and kl. 0600 is night work. The employer and the employee's tilllitsvalgte1 by business that is bound by the collective agreement may fix a different period in writing of at least eight hours which includes the time between 23:00. 0000 and 23:00. 0600. That night work is not considered work on two shifts that are added between 23:00. 0600 and kl. 0000. (2) night work is not allowed unless the nature of the makes it necessary.

(3) the employer shall discuss the necessity of night work with employee's elected officials before it is implemented.

(4) by the business that is bound by the collective agreement can the employer and employee's elected officials enter into written agreement about night work if there is a particular and time restricted the need for this.

(5) the General working time for employees who regularly work more than three hours a night, on average, should not exceed eight hours over the course of 24 hours. The average to be calculated over four weeks. The minimum period for weekly work free of section 10-8 the second paragraph should not be included in the calculation of the average.

(6) the working hours for the employee working more than three hours at night shall not exceed eight hours in 24 hours if the work involves a particular risk or significant physical or mental strain.

(7) an employee who performs work mainly at night, to be given the offer of health check before accession and then at regular intervals.

(8) the employer and the employee's elected officials by businesses that are bound by the collective agreement, the written agreement that the provisions of the fifth and sixth paragraph should be waived. Workers should in that case be ensured equivalent compensatory rest periods or, where this is not possible, other appropriate policy.

§ 10-12. Exceptions (1) the provisions of this chapter shall not apply to an employee in the leading position, with the exception of § 10-2 first, second and fourth paragraphs.

(2) the provisions of this chapter shall not apply to workers in particular, the independent position, with the exception of § 10-2 first, second and fourth paragraphs.

(3) the provisions of this chapter can be waived for work which, because of the nature of the events, accident or other unforeseen events must be made to avert the danger of or damage to life or property. If so, should the employees be ensured equivalent compensatory rest periods or, where this is not possible, other appropriate policy.

(4) Trade Union with the settings right after business dispute law or service dispute the law can, with the exception of § 10-2 first, second and fourth paragraphs and § 10-11 seventh paragraph, enter into collective agreement that the derogation from the provisions of this chapter. Exceptions from section 10-8 first and second paragraph and section 10-11 fifth and sixth paragraph requires that workers be ensured equivalent compensatory rest periods, or where this is not possible, other appropriate policy. For the use of over time after such collective agreement the terms of § 10-6 the first paragraph. The employee must in each case consent to overtime work. The requirement to individually consent also applies where it entered into collective agreement about a total average working time of 48 hours over seven days during one year.

(5) if it is signed an agreement as mentioned in § § 10-5 the second paragraph, 10-6, 10-8, third paragraph, 10-10, 10-11 or 10-12 fourth paragraph and a majority of the employees are bound by the agreement, the employer can make the agreement's provisions on working time applicable to all workers who perform work of the art agreement covers.


(6) the labour inspectorate can give consent to working-time arrangements that the derogation from § 10-8 and section 10-10 second paragraph when there is a long distance between the workplace and the employee's place of residence. Such consent may only be given if it has security significance to pave the way for a comprehensive regulation of working time arrangements in the workplace. Deviation from § 10-8 first and second paragraph requires that workers be secured compensating rest or, where this is not possible, other appropriate policy.

(7) the labour inspectorate can give consent to working-time arrangements that the derogation from § 10-8 first, and the second paragraph and the limit of 13 hours in § 10-5, third paragraph, of the health and human services work as well as guard and monitoring work in which the work in whole or in part, is of the passive character (cf. § 10-4 the second paragraph). Such consent can only be provided if the employees ensured compensatory rest or, where this is not possible, other appropriate policy.

(8) if the work is of so distinctive art that it difficult to adapt the provisions of the chapter here, the Ministry of the regulations provide specific rules and fix the exception from these provisions.
Sixth (now eighth) paragraph ikr. July 1, 2005, first, second and fourth paragraphs ikr. 1 jan 2006.

§ 10-13. Dispute resolution dispute between employer and employee about the application of the provisions of section 10-2 the second, third and fourth paragraphs and § 10-6 tenth paragraph is determined by the dispute resolution Committee, cf. section 17-2.

Chapter 11. Work of children and young people section 11-1. Ban on child labor (1) children who are under 15 years old or skolepliktige shall not perform work that goes under this Act except a) cultural or similar work, b) light work and the child has filled 13, c) work as part of the child's schooling or in practical professional orientation that is approved by the school authorities and the child has filled 14 years.

(2) the Ministry may by regulation provide closer to provisions on what kind of work that will be allowed after the first paragraph. It can be fixed further criteria for such work.

(3) persons under 18 years of age must not perform work that can be to the detriment of their security, health, development or schooling. The Ministry may by regulation determine what kind of work are in the scope of this prohibition and of the list of workers under 18 years of age.

section 11-2. Working time (1) the working hours of persons under 18 years should be added so that it does not hinder the schooling, or prevent them from taking advantage of the teaching.

(2) For children who are under 15 years old or skolepliktig the working time is not to exceed: a) 2 hours a day on days of instruction and 12 hours a week in weeks of teaching, b) 7 hours a day on the teaching-smoking days and 35 hours in the teaching-smoking weeks, c) 8 hours a day and 40 hours a week for the overall work and school hours where the work is part of an arrangement with alternating theoretical and practical education.

(3) For young people between 15 and 18 years who are not skolepliktig, the working time shall not exceed 8 hours a day and 40 hours a week.

(4) by employment with several employers to work time is calculated together. The employer is obliged to acquire knowledge of the working time of any other employers.

(5) the Ministry may by regulation fix the exception from a) second paragraph letter a for cultural or similar work, and b) second paragraph, LITRA c and third paragraph, if special reasons exist.

Regulation after this paragraph may contain terms and conditions.

section 11-3. Ban on night work (1) children who are under 15 years old or is not skolepliktig to work from. 2000 and 23:00. 0600. (2) Youth between 15 and 18 years who are not skolepliktig to have a work-free period of at least 8 hours which includes the time between 23:00. 2300 and 23:00. 0600. work between 23:00. 2100 and kl. 2300 is night work and is not allowed unless the nature of the makes it necessary or there is a particular and time restricted the need for night work.

(3) the second paragraph does not apply to work that is due to the nature of the events, accident or other unforeseen events must be made to avert the danger of or damage to life or property, and it is strictly necessary to benefit him or her youth in the work. The youth who take part in this work to have a subsequent compensatory rest period.

(4) the Ministry may by regulation determine that the work-smoking period can be shorter for certain types of work, and fix closer to rules about this, including the terms and conditions.

section 11-4. Health check (1) the employer shall ensure that the youth is set to night work according to § 11-3 fourth paragraph should be given the offer of health check before accession and then at regular intervals.

(2) the Ministry may give the regulation on implementation of the health check, and fix the rules regarding health control in other cases where the work poses particular demands on the worker's health or physical properties.

section 11-5. Breaks and leisure (1) persons under 18 years of age to have rest for at least half an hour, if possible, if the daily working time exceeds four and a half hours.

(2) within each period of 24 hours will be a continuous work free period of at least: a) 14 hours for children who are under 15 years or are skolepliktig, b) 12 hours for young people between 15 and 18 years who are not skolepliktig.

(3) persons under 18 years of age to have a cohesive working free period of at least 48 hours during the seven days. The work-smoking period should as far as possible be added to Sun-or weekend morning.

(4) persons under 18 who attend school should have at least four weeks of vacation time off a year, of which at least two weeks during the summer holidays.

(5) the Ministry may in particular cases by regulation fix the exception from the rules in the second, third and fourth paragraph.

Chapter 12. The right to a leave of absence section 12-1. Prenatal care worker who is pregnant has the right to free from work with pay in connection with prenatal care if such surveys do not reasonably take place outside working hours.

section 12-2. Maternity leave an employee who is pregnant has the right to a leave of absence for up to twelve weeks during pregnancy.

section 12-3. Care leave (1) in connection with the birth father has the right to two weeks ' leave to assist the mother. If the parents do not live together, the right to leave is exercised by another which assist the mother.

(2) the adoptive parents and foster parents have the right to two weeks of leave in connection with the care of the child is taken over. This does not apply when the child is stebarnsadopsjon or if over 15 years.

section 12-4. Maternity leave after giving birth to mother have leave of absence the first six weeks, unless she sets forth medical certificate stating that it is better for her to come into work.

section 12-5. Parental leave (1) the parents have the right to a leave of absence after the rules in paragraph here and in section section 12-2 and 12-4 in a total of twelve months. The parents have no matter the right to a leave of absence when it provided parents money from the national insurance scheme.

(2) each parent has in addition to a leave of absence after the first paragraph, the right to a leave of absence for up to twelve months for each birth. This leave must be taken out immediately after parental leave after the first paragraph. Worker who has partial leave of absence under section 12-6 has not, however, entitled to a leave of absence after the link here.

(3) unless both parents have custody of the child, the right to a leave of absence under subsection exercised by another who has care of the child. Worker who is alone in the care of the child has the right to up to two years of leave of absence after the second paragraph.

(4) adoptive parents and foster parents have the right to a leave of absence after the paragraph here when the care of the child is taken over. The same applies to an employee who has or gets awarded custody when the other parent dies, and who have had less than regular visitation with the child. The right to a leave of absence does not apply if the child by or stebarnsadopsjon is over 15 years.

section 12-6. Partial leave of absence (1) Leave under section section 12-2, 12-4 and 12-5 the first paragraph can be taken out as partial leave of absence.

(2) partial leave of absence based on the agreement between employer and employee. Employee's desire for how the withdrawal of partial leave of absence will be implemented, should be met unless this entails significant disadvantages for the business. The employee has the right to let them assist of a Union official or other representative. Agreement on partial leave of absence can be changed or expire when particular reasons make it necessary.

(3) partial leave of absence must be taken out within a time frame of three years.

section 12-7. The notification duty leave of absence under section section 12-2 to 12-6 to notify the employer as soon as possible and no later than one week in advance by the absence beyond two weeks, at the latest four weeks in advance by the absence beyond twelve weeks and no later than twelve weeks in advance by the absence beyond one year. Oversittelse of time limits does not have to postpone the employee the leave if the leave is necessary due to the conditions that the employee had knowledge of at the deadline.

section 12-8. Ammefri (1) Woman who are breastfeeding their children can claim the free she because of that need. Free time for example, can be taken out for at least half an hour twice daily or as reduced working hours by up to one hour each day.

(2) woman who has ammefri after the first paragraph, in the child's first year of life the right to pay up to one hour on the work days of the agreed working time seven hours or more.

section 12-9. Children's and baby passers disease (1) worker who has the care of children has the right to leave: a) for necessary supervision of the child when it is sick, b) If your child should be followed to medical or other follow-up in connection with illness, or c) if it has the daily children's supervision is sick or has a leave of absence under this section for the sake of another child.


(2) the right to leave after the paragraph here applies to and with the calendar year the child reaches 12 years of age. The employee has the right to leave up to 10 days each calendar year or up to 15 days if an employee cares for more than two children. Employee has no matter the right to a leave of absence when it provided care money, care money or training money from national insurance scheme.

(3) if the child has chronic illness, prolonged illness or have disabilities and therefore, it is a marked increase of the risk that the employee will receive the absence from work, the worker the right to free after the first paragraph for up to 20 days each calendar year. The right to the leave applies to and with the calendar year the child reaches 18 years of age. In addition, the employee has the right to leave to participate in the training at approved health institution or public resource centre to be able to take care of and treat the child.

(4) Employee who care for children has the right to leave if: a) the child is admitted in the health institution and the employee stays at the health institution, b) the child is discharged from the health institution and the employee must be at home because the child needs continuous supervision and care, or c) the child has life-threatening or other very serious illness or injury.

By leave of absence after the letters a and b apply age limits in the second and third paragraph. The right to a leave of absence by letter c applies to and with the calendar year the child reaches 18 years of age, but regardless of age if the child is mentally retarded.

(5) an employee who is alone in the care of the children have the right to twice the number of leave days after the second and third paragraph. The same applies if there are two about the care, but one of them is long-lasting cut off from the supervision of the child because of disabilities, hospitalization in health institution that long term patient or similar relationship. The right to a leave of absence can be transferred by up to half of the days each calendar year to the mother or father with non-resident or to the right as an employee lives with and who do not have caring for their own children.

section 12-10. Caring for and nurturing of related worker who usually close associates in the home in the end phase has the right to leave for 60 days for the care of the individual close associates.
The employee is entitled to leave of absence for up to 10 days each calendar year to provide the necessary care to parents, spouse, common-law partner or registered partner. The same is true at the necessary care for disabled or chronically sick children from and with the calendar year after the child reaching the age of 18 years when the employee has had to care for the child as mentioned in section 12-9, third paragraph. The Ministry may provide regulations on documentation of needed care.

section 12-11. Educational leave of absence (1) worker who has been in employment for at least three years and who has been employed by the employer for the past two years, has the right to entire or partial leave of absence for up to three years to participate in organized educational offers. Education beyond the elementary or secondary level business training must be to give the right to a leave of absence. Business education includes all types of labour market relevant after-and further education.

(2) the leave of absence may still not required when there will be an obstacle for the employer's reasonable planning of operations and human resources allocations.

(3) an employee who has had education leave, do not have the right to the new educational leave before it's been a) twice as long as the duration of the preceding r and b) at least one year from the previous home leave took to, except by educational leave for courses under one month's duration.

(4) employee who will use the right to educational leave, must give the employer written notice of this. The notification shall contain information about the professional content, duration and possibly recording by educational institution. If it comes to education beyond the primary school or secondary educational level, yrkesrelevans must be justified.

(5) the employer that will make the current that the terms of the educational leave of absence is not met, should as soon as possible and at the latest within six months in writing inform the worker about this. If the notified leave is shorter than six months, such notification to be released within three months after the notice is received, but within two months when notified leave is shorter than one month. The employer shall forward to the responses provided, at the request of what orient the worker be done, if possible, to pave the way for the leave of absence. Dispute about the terms after the first, second and third paragraph are met, can be brought in for the dispute resolution Committee, cf. section 12-14, after the employer's response deadline has expired.

(6) the Ministry may by regulation totally or partially exempt businesses from the provisions of this section.

section 12-12. Military service, etc.
(1) an employee is entitled to leave of absence by compulsory or voluntary military service or similar public safety service. The same applies to 1 by voluntary service up to a total of 24-month duration of the forces organized by the Norwegian authorities for participation in international peace operations, if the worker as soon as possible after entering into binding agreement about Ministry in such forces alerts the employer about this.

(2) an employee who wishes to continue in the post after tjenestegjøringen, to notify the employer before the service begins. The employer is obliged not to take the worker back to work before one month after receipt of the notification from which day the employee may resume work.

section 12-13. Public Office Worker has the right to a leave of absence from work to the extent necessary to fulfill the statutory meeting duty in public bodies.

section 12-14. Dispute resolution dispute about the right to a leave of absence after this chapter is determined by the dispute resolution Committee, cf. section 17-2.

section 12-15. Religious holidays the right to a leave of absence by religious holidays for the worker who does not belong to The Church of Norway, be governed by the law of 13. June 1969 No. 25 about tru's childhood society and ymist anna § 27 a.

Chapter 13. Protection against discrimination section 13-1. Prohibition of discrimination (1) direct and indirect discrimination on the grounds of political views, membership in an employee organization, or age is prohibited.

(2) harassment and instruction to discriminate against persons of the reasons mentioned in the first paragraph is considered as discrimination.

(3) the provisions of this chapter apply to the equivalent by discrimination against the employee who work part time or are temporarily employed.

(4) by reason of gender discrimination in terms of gender equality law.

(5) at the discrimination because of ethnicity, religion and spirituality comes to anti-discrimination law of ethnicity.

(6) by reason of discrimination on disability discrimination and availability applies the law.

(7) by discrimination because of sexual orientation, gender identity and gender expression discrimination applies the law of sexual orientation.

section 13-2. What the chapter include (1) the provisions of this chapter apply to all aspects of the employment relationship, including: a) the announcement of position, employment, relocation and promotion, b) training and other skills development, c) wage and working conditions, d) termination.

(2) the provisions of this chapter also applies to the employer's choice and treatment of self-employed and hired workers.

(3) the provisions of this chapter applies for enrollment in and participation in an employee-employer-professional, or organization. This also applies to the benefits that such organizations provide their members.

(4) the provisions of this chapter shall not apply at the inequity resulting from membership in the employee organization as to wages and working conditions in collective agreements.

section 13-3. Exceptions to the ban on discrimination (1) differential treatment which has a factual purpose, is not disproportionate to the issue or those who treated differently and that is necessary for the exercise of the work or profession, are not considered as discrimination by law here.

(2) the unequal treatment which is necessary to obtain a factual purpose and that is not disproportionate to the issue or those who treated differently is not contrary to the prohibition of indirect discrimination, discrimination because of age or discrimination against the employee who work part time or are temporarily employed.

(3) the Ministry may by regulation provide closer to provisions on the scope of the exception from the prohibition against age discrimination in the second paragraph.

section 13-4. The collection of information by employment (1) the employer must not in the announcement for new workers or otherwise request that the applicants should provide information about how they ask themselves to political issues or if they are members of unions. The employer must also not take steps to obtain such information in another way.

(2) the prohibition in the first paragraph do not apply if the collection of information about how the applicants set themselves to political issues or if they are members of the employee organization is justified in the position's character or that are included in the the purpose for that business to promote specific political vision and the worker's position will be of importance for the implementation of the purpose. If such information will be required, this must be specified in the request of the post.

(3) the employer may not collect information as specified in the equality act § 18, anti-discrimination law of ethnicity to section 17 and anti-discrimination law on sexual orientation section 16.

section 13-5. (Repealed by law 20 June 2008 No. 42 (ikr. 1 jan 2009 CISPR res. 20 June 2008 No. 631).)

section 13-6. Positive special treatment special treatment that helps to promote equal treatment is not inconsistent with the provisions of this chapter. Preferential treatment should cease when the purpose of the is achieved.


section 13-7. Disclosure job seeker who believes himself passed over in violation of the provisions of this chapter, may require that the employer in writing stating the type of education, practice, and other clear konstaterbare qualifications for the work the employee has.

section 13-8. Burden of proof If the employee or job seeker sets forth information that gives reason to believe that there has been discrimination in violation of any provision of this chapter, the employer must substantiate that it still has not taken place such discrimination or retaliation.

section 13-9. The effects of violations of the anti-discrimination ban (1) the one who has been discriminated against contrary to section 13-1 can claim reparation and compensation regardless of whether the employer can be blamed for the discrimination. The compensation should cover the economic loss as a result of discrimination. Redress for non-economic damage is determined to what is reasonable from the wound and the art, the parties ' relationship and the circumstances by the way.

(2) Provisions in collective agreements, employment contracts, code, statutes, etc. that is in violation of this chapter, are invalid.

section 13-10. Organizational access to act as proxy as proxy in the administrative case after this chapter can be used an organization that fully or partially have to purpose to work against discrimination for reasons mentioned in section 13-1 the first paragraph.

Chapter 14. Employment etc.

section 14-1. Information about job vacancies in business the employer shall inform the workers about vacancies in the business. Hired worker should be informed accordingly.

section 14-1 a. Discussion on the use of part time employer shall at least once per year to discuss the use of part time with the officials.

section 14-2. Preferential rights to the new employment (1) employee who is terminated due to your business relationships have preferential rights to the new employment in the same business, unless it is for a position the employee is not eligible for.

(2) the preference also applies to an employee who is temporarily employed and that because of business conditions do not get still hiring. This does not apply worker of the Vicariate. The preference applies also for the employee who has accepted the offer of reduced position instead of termination.

(3) the preference applies to an employee who has been employed in the business in a total of at least 12 months in the last two years.

(4) the preference comes from the time of termination and for one year from the cancellation deadline.

(5) the preference falls away if the worker has not accepted an offer of employment in a suitable position no later than 14 days after the offer was received.

(6) there are several fortrinnsberettigede to a position, the duties of the employer to follow the same rules for selection as those that apply to terminations due to curtailment or rationalization of operation.

(7) the rules in this section also applies to an employee who is terminated in connection with that business goes bankrupt. This applies only when the business operation and taking into account the location, nature, scope and the like must be considered as a continuation of the original business.

(8) the sixth paragraph does not apply by bankruptcy, public change of the insolvent estate or by the transfer of business after it is opened the debt negotiations.

section 14-3. Preferential rights for part-time employees (1) Part-time employees have the preferential right to the extended position rather that the employer make new employment in the business.

(2) the preference is conditional upon the worker is qualified for the position and that the exercise of the preference will not entail significant disadvantages for the business.

(3) Before the employer's decision in fatter employment position as an employee requires preferential to, to the question so far as is practicable be discussed with the employee, unless the employee not even want it.

(4) a prior right under section 14-2, with the exception of section 14-2 the second paragraph first sentence, goes in front of the preferential rights for part-time employees.

(5) dispute about preferential treatment for part time employees by section 14-3 are determined by the dispute resolution Committee, cf. section 17-2.

section 14-4. Effects of violation of the rules on preferential rights (1) if the Court concludes that a preferential should have been employed in a specific position, the Court shall after the assertion from the judgment pronounced fortrinnsberettigede for employment in the position, unless this is unreasonable.

(2) for breach of the rules on preferential employee can claim compensation. The compensation is determined in accordance with section 15-12 second paragraph.

section 14-4 a. The right to the position of part-time employees the equivalent of actual working time (1) Part-time employees over the last 12 months regularly have work beyond the agreed working time, has the right to the position corresponding to actual work time during this period, unless the employer can document that the need for merarbeidet no longer exists. Tolvmånedersperioden will be calculated starting from the time the worker promoted his claim.

(2) dispute about right after this provision is determined by the dispute resolution Committee, cf. section 17-2.

section 14-4 b. Effects of violations of the right to deltidsansattes position corresponding to actual working time (1) if the Court concludes that a part-time employee is entitled to the position corresponding to actual work time after the provision in section 14-4 a, the Court shall after the assertion from the part-time employees be pronounced judgment for employment in such a position.

(2) by violating the provision on the right to the position corresponding to actual working time pursuant to section 14-4 a worker can claim compensation.

section 14-5. Requirements of written employment contract (1) there shall be entered into the written contract of employment in all working conditions. The employer shall design a draft of contract of employment in accordance with § 14-6. The employee has the right to let them assist of a Union official or other representative both by the preparation and by changes in the employment contract.

(2) in the relationship with a total duration of more than a month to be written contract of employment to be released as soon as possible and no later than one month after employment began.

(3) in the employment relationship with a shorter duration than a month or by hire of labour, it shall immediately be entered into the written contract of employment.

section 14-6. The minimum requirements for the content of the written contract (1) the contract should contain information about the conditions of significant importance in the employment relationship, including: a) the parties ' identity, b) the workplace. If it does not exist any fixed place of work or main place of work to the contract provide enlightenment about that employee working in different locations, and provide the business address or, where appropriate, the home of the employer, c) a description of the work or the worker's title, position or work category, d) the time of the forholdets beginnings, e) the expected duration if the employment is temporary, as well as the basis for employment, cf. section 14-9, f) any trial provisions, jf. section 15-3 seventh paragraph and section 15-6, g) the worker's right to vacation and holiday pay, and the rules for the determination of holiday time, h) the worker's and employer's cancellation deadlines, in) the current or agreed-upon salary by working forholdets beginning, any additions and other godtgjøringer that are not included in the salary, for example, pension payments and cost-or night allowance, payment way and time of wage payment, j) length and placement of the agreed daily and weekly working time , k) length of breaks, l) Agreement especially working-time arrangement, jf. section 10-2 the second, third and fourth paragraph, m) details of any collective agreements that govern the employment relationship. If the agreement is entered into by parties outside the business to work the deal include information on who the parties are.

(2) the Information referred to in the first paragraph the letters g to k can be given by referring to laws, regulations or collective agreements that govern these conditions.

section 14-7. Utenlandsstasjonert employee (1) if the worker going to work abroad for more than a month, will be written contract of employment entered into before leaving. In addition to the information referred to in section 14-6 to the agreement at least regulate the following: a) the duration of the work to be performed abroad, b) currency to be paid remuneration in, c) any cash and naturalytelse attached to the utenlandsarbeidet, d) if applicable, the terms of the worker's home.

(2) the Information referred to in the first paragraph the letters b and c can be given in the form of a reference to the laws, regulations and/or collective agreements that govern these conditions.

section 14-8. Changes in the employment changes in employment as mentioned in § § 14-6 and 14-7 to be included into the contract at the earliest possible and at the latest one month after the change took effect. This does not apply if the changes in employment is due to changes in the laws, regulations or collective agreements, jf. section 14-6 second paragraph and section 14-7 the second paragraph.

section 14-9. Temporary employment (1) Employee to be hired. Agreement on the temporary employment can still be entered into: a) when work is of a temporary character, b) for work in the place of another or others (Vicariate), c) for practice work, d) with participant in the labour market measures under the auspices of or in collaboration with the labour and welfare, e) with athletes, sports trainers, judges and other leaders within the organized sport or f) for a period of up to twelve months. Such agreements may include up to 15 percent of workers in the business, rounded up, yet so that it can be entered into agreement with at least one worker.

The employer shall at least once a year to discuss the use of temporary employment under the provisions of this paragraph with the elected officials, among other things, the basis for and the scope of such employment, as well as the consequences for the working environment.


(2) the Ministry may by regulation provide further provisions on temporary employment for practice work and about the types of labour market measures covered by the first paragraph of the letter d.

(3) nationwide worker organization can enter into the collective bargaining agreement with an employer or an employers ' organization about access to temporary employment within a specified worker group to perform artistic work, research work, or work in connection with sport. If the collective agreement is binding for a majority of workers within a specified worker group in the business, can the employer on the same terms enter into temporary work agreement with other workers to perform similar work.

(4) an employee who has been employed for more than one year, are entitled to written notice of the time of resignation no later than a month before retirement. This is still not a participant in labour market measures covered by the second paragraph, cf.. first paragraph, LITRA d. Alert is deemed to be given when it is arrived at the employee. If the deadline is not met, the employer may not require that the employee resigns before one month after notice is given. The provision in the fourth period however provides for no basis for employment beyond twelve months of employment under subsection letter f.

(5) temporary employment contracts expires at the agreed time the room's expiration, or when the particular work is terminated, unless otherwise agreed in writing or provided for in the collective agreement. In the agreement period applies the rules on termination of employment.

(6) an employee who has been continuously employed temporarily for more than four years after the first paragraph, LITRA a, or for more than three years after the first paragraph, LITRA b and f, are to be considered as a permanent employee, so that the rules on the termination of the employment relationship comes to application. When calculating the employment time for other punktum1 should not be made deductions for the employee's absence.

(7) the rules in this part apply to employment under subsection letter f for work tasks of the same species within the business. The employer can count devices with at least 50 employees as a separate business. When a worker who is temporarily employed under subsection letter f, do not get further employment by agreement period, starting a quarantine period of twelve months for the employer. The employer may in quarantine period does not make new employments as mentioned in the first sentence.

section 14-10. Fixed term (1) the Chief Executive of a business may be hired on fixed term.

(2) Employment on fixed term can be arranged when this is considered necessary as a result of the agreement with a foreign State or international organization.

section 14-11. Effects of illegal temporary employment (1) if there is a violation of the provisions of § § 14-9 or 14-10, the Court shall after the assertion from employee read the verdict for a fixed working conditions or the working relationship continues. In special cases, the Court may still, after claim from the employer, decide that the employment relationship will terminate if it after a trade-off of the parties ' interests will find that it will be clearly unreasonable that employment continues. By violating the provision about the quota in section 14-9 the first paragraph letter f, the Court may pronounce judgment after the first period when particular reasons warrant it.

(2) for breach of the provisions of § § 14-9 or 14-10 employee can claim compensation. The compensation is determined in accordance with section 15-12 second paragraph.

section 14-12. Hiring from the business that has the purpose to drive the rental (staffing firms) (1) the Hiring of the employee from the business that has the purpose to drive rental, is allowed to the same extent as it can be arranged temporary employment under section 14-9 first paragraph, LITRA a to e.

(2) in business that is bound by the collective agreement, the employer can and elected officials that together represent a majority of the worker category innleien apply, enter into written agreement on limited time hiring conclude what is determined in the first paragraph. The business will be at the request of the labour inspection provide evidence that it is bound by the collective agreement and that it is entered into an agreement with the employee representatives as mentioned in the first sentence.

(3) the employer shall at least once a year to discuss the use of hired labor after the first and second paragraph, including the practice of the requirement of equal treatment, with the officials.

(4) by hiring under this section applies to the rules in section 14-9 sixth paragraph accordingly.

(5) the Ministry may by regulation prohibit the hiring of certain employee groups or on certain areas when important social considerations warrant.

section 14-12 a. equal treatment of wage and working conditions at the hire from staffing companies (1) Staffing the entity shall ensure that the leased employee at least ensured the terms that would come to the application if the worker had been employed by innleier to perform the same work, in the case of: a) business the length and location, b) overtime work, c) duration and location of the breaks and rest periods, d) night work, e) holiday leisure , holiday money, days off, and paid royalties on such days, and f) salary and expense coverage.

(2) an employee who is being rented out to have the same access to public goods and services at innleier as the company's own workers, unless objective reasons dictate otherwise.

(3) the Ministry may by regulation determine whether and to what extent the provisions of equal treatment can be waived by collective agreement. The General protection of workers must in any case be respected.

section 14-12 b. disclosure and the right of access by the rental of the worker from the staffing companies (1) by the rental of the worker to give the innleier entity information that the staffing required for the staffing company to be able to attend to the requirement of equal treatment in section 14-12 a.

(2) Staffing entity shall, when an employee requests it, provide the information that is necessary for the worker to be able to assess whether their own wages and working conditions meet the requirement of equal treatment in section 14-12 a.

(3) the staffing entity shall, when requested by the innleier, documenting which pay and working conditions that are agreed with the worker who rented out to innleier.

(4) Innleier to, when elected officials at innleier ask for it, documenting which pay and working conditions as are agreed between the hired worker and its employer.

(5) the obligation to provide information after the third and fourth paragraph only applies to the terms and conditions as mentioned in section 14-12 a first paragraph. Staffing companies, innleier and elected officials who receive information in pursuance of the provision here, the confidentiality of the information. The information can only be used to ensure compliance or investigate the requirement of equal treatment in section 14-12 a or to fulfill duties after the provision here.

(6) the Ministry may by regulation provide closer to rules about viewing right, disclosure and confidentiality under this section, as well as about confidentiality for contracted workers. The Ministry may in regulations also provide rules on the use of consultants and confidentiality for these.

section 14-12 c. Joint and several liability for innleier (1) businesses that hire the employee pursuant to section 14-12, booklets in the same way as a debtor even surety for payment of wages, holiday pay, and any other remuneration for the requirement of equal treatment in section 14-12 a, including claims arising out of the collective agreement referred to in section 14-12 a third paragraph. At the joint and several liability for the first sentence booklets joint and rans gentle also for vacation pay earned in relation to the claim.

(2) the Worker must promote written requirements to innleievirksomheten no later than within three months after the nature of the due date. Joint and rans gentle shall pay the claim within three weeks after the claim has come forward.

(3) joint and rans may refuse to gentle cover requirement if the employee knew that the premise for the mission was that the salary, etc. fully or partially covered by the joint and rans moderators.

(4) joint and rans does not apply when the response is opened the bankruptcy in the staffing company.

section 14-13. Hiring from business that does not have to purpose to drive the rental (1) Hiring from business that does not have to purpose to drive rental, is allowed when the hired worker is fixed employed by the landlord. For that business is going to be said not to have to purpose to drive rental, it is a condition that happens the same rental within the subject areas that make up the out tenant's main and that rental activity does not include more than 50 percent of the permanent employees of the landlord. Innleier will be conducting discussions with elected officials that together represent a majority of the worker category innleien apply, before the decision on hiring is made.

(2) For hiring that exceed 10 percent of the employees at innleier, still not fewer than three persons, or that have a duration out over one year, it shall be entered into the written agreement with the elected officials that together represent a majority of the worker category innleien apply. This does not apply for hiring within the same group.

(3) After demands from elected officials that represent the worker category innleien apply, the employer shall document that the terms and conditions for hiring after the first paragraph is met.

(4) the Ministry may by regulation prohibit the hiring of certain employee groups or on certain areas when important social considerations warrant.

section 14-14. Effects of the illegal hiring of the employee

(1) if there is a violation of the provisions of section 14-12 to the Court after plea from the hired employee pronounce judgment that the hired has a fixed working conditions at innleier. In particular cases the Court may still, after plea from innleier, decide that the hired employee does not have a fixed working conditions if it after a trade-off of the parties ' interests will find that this will be obviously unreasonable.

(2) by violating the provisions of section 14-12 the hired worker can claim compensation from innleier. The compensation is determined in accordance with section 15-12 second paragraph.

section 14-15. Payment of wages and holiday pay (1) if not otherwise agreed to pay is made the payment at least twice a month. The payout time for holiday pay is governed by the law of holiday.

(2) the deduction in pay and vacation pay cannot be done except: a) when it is warranted in law, b) for the employee's own contribution to occupational pension schemes that are covered by the enterprise pension law, the deposit law public service pension or retirement plans.

c) when it has been determined in advance by written agreement, d) when it has been determined by collective agreement rules on salary deductions for Union dues, including premium for collective insurance related to membership of the Trade Union, or fee to the education and Development Fund, or to low wage fund, e) in the case of compensation for damage or loss as an employee in connection with the work intentionally or by gross negligence has caused business , and employee in writing acknowledge liability, or this is determined by the dom, or the employee wrongful leaving her position, f) when it's because of the current procedures for the calculation and payment of wages has not been practicable to take into account the absence due to the shutdown or the closure of the settlement period.

(3) deduction in pay or vacation pay after the second paragraph, LITRA c, e and f shall be limited to that part of the claim which exceeds the employee reasonably need for subsistence for himself and his household.

(4) before the move after the second paragraph letter e is first made, the employer shall discuss the basis for the move and the amount of the employee and with the employee's elected officials unless worker not even want it.

(5) by the payout immediately after this or should the employee have the written statement of the method of calculation of the salary, the calculation base for holiday money and moves that are made.

section 14-16. Work regulations (1) by industrial activity and by commercial and Office business, which employs more than 10 workers, it shall for the workers who do not have a leading or controlling position, work rules. The Ministry may decide that the rules should be worked out in other businesses for other workers than mentioned in front of. The book will contain the order rules needed and rules of the scheme. Any rule must not contain provisions that are in conflict with the law.

(2) in the work rules can not be determined fines for offences against the regulations. By business that do not come under the first paragraph may be determined the work regulations. § § 14-17 to 14-20 to in case apply accordingly.

section 14-17. The determination of the work regulations (1) by the business that is bound by the collective agreement, the employer and the employees ' representatives fix the rules by written agreement. The agreement is binding for a majority of the employees, the employer can make regulations applicable to all workers within the workspace site the agreement relates to.

(2) when not the provisions of the first paragraph applies, the rules in order to be valid, be approved by the Labour Inspectorate. The draft rules should be worked out by the employer to negotiate with the representatives of the employees of reglementets provisions. The business is bound by the collective agreement, the employer should negotiate with workers ' representatives. Otherwise, the employees are going to select five representatives that the employer will negotiate with workers ' representatives Put forward dissenting proposals for regulations, it should be attached when the employer submits the draft for approval. Fails workers ' representatives to negotiate the rules, should the employer educate people about this when the draft is submitted for approval.

(3) any rule to look up in one or more conspicuous places in the business and are handed out to every worker who rules applies.

section 14-18. The deadline for submission of work rules the employer will take the initiative to get the set out rules by agreement under section 14-17 the first paragraph or make sure to prepare draft under section 14-17 the second paragraph as soon as possible. Reglements draft under section 14-17 the second paragraph should be sent the labour inspection no later than three months after that the business is set in motion.

section 14-19. The reglementets validity (1) The regulations are valid only when it is istandbrakt on the legal way and when it does not contain provisions that are contrary to the law.

(2) if the draft under section 14-17 the second paragraph contains provisions which is contrary to the law or is ubillige to the employees, or if the draft is not istandbrakt on the legal way, the labour inspectorate shall refuse to approve it.

(3) If a policy laid down by agreement under section 14-17 the first paragraph contains provisions which is contrary to the law, the labour inspectorate shall make the parties to the agreement, aware of this, and ensure that the provisions are being corrected.

section 14-20. Changes in working rules the rules in § § 14-16 to 14-19 also applies when the change to be made in or addition to the work rules.

Chapter 14 a. Anti-competitive deals in working conditions section 14 A-1. Competition clauses (1) with the competition clause is meant in this chapter agreement between employer and employee which limits the employee's access to accede to the position with another employer or start, drive or engage in other business after the work termination forholdets.

(2) a competition clause can only be applied as far as it is necessary to protect the employer's particular need for protection against competition. The clause can in no case be applied longer than one year from the termination of the employment relationship.

(3) the Competition clause must be entered into in writing to be valid.

(4) a competition clause cannot be made current upon termination from the employer, unless the resignation is factually justified in employee's conditions. The same applies if the employer because of a breach of obligations in the work relationship has given the worker reasonable grounds to terminate your employment.

(5) the employer may at any time while the employment is made up, in writing terminate a competition clause. Termination may still not happen in the period in which the employer is bound by the statement under section 14 A-2 fifth paragraph. After the work termination forholdets employer and employee can enter into written agreement that a competition clause no longer applies.

(6) a competition clause falls away if the requirement to report under section 14 A-2 are not met.

section 14 A-2. Statement by competition clauses (1) upon written request from the employee to the employer within four weeks provide a written account of whether and to what extent a competition clause will be made current. The employer's particular need for protection against competition should in case be disclosed in the review.

(2) if the employee says up, and it does not already exist a binding statement, to the resignation have the same effect as a written request under subsection.

(3) if the employer says, and it up the employee does not already exist a binding statement, it should be given at the time of account termination.

(4) if the employer, the employee and am dismissing not already exist a binding statement, it should be given account within a week after the removal.

(5) Account for this paragraph are binding for the employer in three months. Upon termination is the review anyway binding notice out.

section 14 A-3. Compensation if competition clauses are applied (1) If a competition clause is applied, the employer shall pay the employee compensation equivalent to 100 percent of the worker's work remuneration up to 8 G, and then at least 70 percent of the worker's work remuneration over 8 G. Compensation is calculated on the basis of the remuneration earned the past 12 work months before notice-or going-away time. The compensation can be limited to 12 scheme.

(2) it can be done with half the deduction until the of the compensation for the work remuneration or earned income as an employee receive or earn in period competition clause has effect.

(3) the employer may require the employee stating the work remuneration or work income in the period. If the worker does not comply with the requirement, the employer can hold back compensation until the information is added.

section 14 A-4. Customer clauses (1) with the customer of this chapter clause refers to agreement between employer and employee which limits the employee's access to contact the employer's customers after the work termination forholdets.

(2) a customer may only include clause customers as an employee has had contact with or responsibility for the last year before the exposition as mentioned in the third paragraph. The clause can in no case be applied longer than one year from the termination of the employment relationship. section 14 A-1 the third to the sixth paragraph applies accordingly.


(3) upon written request from the employee to the employer within four weeks provide a written account of whether and to what extent a customer clause will be made current. The review should in case specify which customers to be covered by the customer the clause. section 14 A-2 second to fifth paragraph applies accordingly.

section 14 A-5. The exception for business Supreme Leader the rules on competition and customer clauses in this chapter does not apply to your business's Supreme Leader if the person in question in the written agreement said from such rights against severance before resignation.

section 14 A-6. Recruitment clauses (1) with recruitment clause is meant in this chapter agreement between the employer and the other businesses that prevents or limits the employee's opportunities to take employment in other business.

(2) the employer may not enter into recruitment clause. A recruitment clause can still be entered into by negotiations on transfer of an enterprise, and is applied during the negotiations and for up to six months after the proceedings are completed, if these do not lead forward. A recruitment clause can also be entered from the time of the transfer, the current enterprise and will be made in up to six months, if the employer written has informed all affected workers.

Chapter 15. Termination of employment section 15-1. Discussion before the decision for termination Before the employer understand decision of termination, to the question so far as is practicable be discussed with the employee and with the employee's elected officials, unless worker not even want it. the basis for Both the dismissal and eventual selection between multiple employees of who is going to be terminated, will be discussed.

section 15-2. Information and discussion by mass layoffs (1) with lots of redundancies will mean redundancies made faced with at least 10 workers within a period of 30 days, without redundancies is justified in the specific conditions of employees. Other forms of termination of work contracts that are not justified in the individual conditions of employees to include in the calculation as long as at least five be terminated.

(2) an employer who is considering to go to mass layoffs, to launch as early as possible the deliberations with the employees ' elected representatives with a view to work out a deal to avoid mass redundancies or to reduce the number of laid-off. Considering the employer to close down the business or an independent part of this, and the closure involves a lot of dismissal, should also have the opportunity for continued operation is discussed, including on the possibilities of the employees ' takeover of the business. If the redundancies cannot be avoided, to the unfortunate aspects of them sought reduced. The talks should include the possible social measures with the aim of including support to the redeployment or retraining of the laid-off. Employees ' representatives may assist by expert witnesses. The employer has a duty to lead meaningful discussions even if the planned redundancies due to other than the employer and who have decision making authority to this, eg. a corporate Executive Committee.

(3) the employer has a duty to give elected officials all relevant information, including written notice of: a) the reasons for any redundancies, b) the number of workers who will be able to be dismissed, c) which working groups they belong to, d) the number of workers normally employed, e) which the employee groups that normally are employed, f) over the period the redundancies will be able to be made, g) suggestions for criteria for the selection of the most, if any, shall be terminated , h) proposals for criteria for the calculation of any extraordinary severance pay.

The message is to be given at the earliest possible and at the latest at the same time with that employer is calling to the deliberations. The corresponding message should also be given to the work and welfare, cf. employment law section 8.

(4) workers ' elected officials can comment on the message directly to the work and welfare.

(5) Planned mass layoffs will effect at the earliest 30 days after the work and welfare is advised. Labour and welfare agency may extend the time limit according to the employment law section 8, third paragraph.

section 15-3. Cancellation deadlines (1) unless otherwise agreed in writing or provided for in the collective agreement, the advance of one month. Before the dismissal has taken place, the agreement on shorter notice deadline only be entered into between the employer and Union officials at the business that is bound by the collective agreement. The Ministry may provide regulations on shorter notice deadline for participants in labour market measures.

(2) For the employee who has been employed for at least five years continuous in the same business when the notice of termination is given, the advance of at least two months. The employee has been employed for at least 10 years continuously in the same business, the mutual cancellation deadline at least three months.

(3) the employee will be fired after at least 10 years of continuous employment in the same business, to notice the deadline be at least four months if it takes place after the employee is filled 50 years, at least five months after the age of 55 years and at least six months after the age of 60 years. The employee may terminate the employment contract with a notice deadline of at least three months.

(4) Cancellation deadlines that are set out in the first to third paragraphs running from and with the first day of the month after the dismissal took place.

(5) The continuous employment as required in the second and third paragraph is interrupted not by temporary resignation according to the termination due to legal industrial action. The time the employee is absent to be still excluded, unless otherwise agreed upon by the working of the shutdown.

(6) when calculating the employment time under this section will be included in the time the employee has been employed in another business within the Corporation as employer belongs to or within the Group of businesses that are related through common ownership or management in such a way that it is natural to see conditions in the employment context. Have your business or part of it has been transferred or leased out to the new employer, should also included the time the employee has been employed by the former employer or in business within the Corporation or group of businesses as the former employer belonged to.

(7) by employment contracts where the worker is employed in writing on a specific trial period, the advance of 14 days, unless otherwise agreed in writing or provided for in the collective agreement.

(8) the parties can not by collective agreement or other agreement waive notice time limits in the second or third paragraph before termination has taken place, or decide that the cancellation deadline by dismissal from the worker's page is going to be longer than by dismissal from the employer's side.

(9) an employee who is laid off without pay in connection with operating curtailment or outages, can go to termination with a notice deadline of 14 days counting from the day the resignation is received by the employer. This is true no matter what the notice deadline imposed by the law or agreement.

(10) if the accidents, natural events or other unforeseen events makes it necessary to fully or partially suspend operations, and employee therefore be terminated, can notice the deadline facing workers at the work that needs to be set, be reduced to 14 days from the event. Is the current notice deadline shorter than 14 days, comes to this. Notice the deadline cannot be reduced after this paragraph by the employer's death or bankruptcy, nor by arbeidsstans caused by the work rooms, machines, tools, materials, or other utilities that the employer shall provide, can not be used, unless the employee attributable arbeidsstansen.

section 15-4. Formkrav upon termination (1) Termination should be in writing.

(2) Dismissal from the employer's side are to be delivered to the employee personally or sent in registered mail to the employee's designated address. The resignation shall be deemed to have taken place when it is arrived at the worker. The resignation should contain information about a) employee's right to require negotiation and traveling action, b) the right to continue in Office under the provisions of § § 17-3, 17-4 and 15-11, c) the time limits that apply to require negotiation, travel litigation and to continue in the position, and d) who is the employer and right sued in any dispute.

The resignation is justified in your business relationship, it should also contain information on the preferential rights pursuant to section 14-2.

(3) if the employee requires it, the employer provide the circumstances invoked as the reason for the resignation. The employee can claim to get the information in writing.

section 15-5. Effects of formfeil upon termination (1) If an employer's termination is not given in writing or does not include the information referred to in section 15-4 and the employee goes to the lawsuit within 4 months after the dismissal took place, to the resignation feels invalid, unless special circumstances make this obviously unreasonable.

(2) is the denunciation invalid, can the employee claim compensation. The same applies if termination is deficient, but the worker does not require the dom for the invalidity or it will not be handed down verdict for the invalidity because the particular circumstances make this obviously unreasonable, jf. the first paragraph. The compensation is determined in accordance with section 15-12 second paragraph.

section 15-6. Cancellation policy in the work deals with the specific probation (1) worker who will be written are employed on a specific trial period, to put it up, the resignation must be justified in the employee's adaptability to the work, professional skill or reliability.

(2) the provisions of paragraph here not to restrict the employer's right to terminate an employee under section 15-7.


(3) the provisions of paragraph here applies only if the notice of termination is given by the end of the agreed trial period. Trial period can be agreed for a period of up to six months, cf. still, fourth paragraph.

(4) if the employee has been absent from work in the trial period, the employer may extend the agreed trial period with a period equal to the length of the absence. The extension can only happen when employee by the employment is in writing informed of the access to this and the employer has informed the employee in writing of the extension by the end of the trial period. It is not access to the extension by the absence which is caused by the employer.

(5) the Ministry may provide regulations on access to the agreement to a longer trial period than six months for certain employee groups.

section 15-7. Protection against unfair dismissal (1) the employee may not be terminated without it being factually justified in your business's, employer's or employee's conditions.

(2) due to the resignation or operating rationalization limitation, it is not factually justified if the employer has some other appropriate work in the business to offer the employee. By the decision of whether a dismissal have just cause in the operational limitation or rationalization, should it be made a trade-off between your business requirements and the disadvantages the individual worker dismissal apply.

(3) a termination due to that the employer set out or aim to set out your business operations on a mission through the use of independent contractors, are not unbiased unless it is necessary due to the company's continued operation.

section 15-8. Cancellation policy by disease (1) employee who is partly or completely away from work due to accident or illness can not for this reason be terminated the first 12 months after the uførheten has occurred.

(2) Termination which takes place within the period of time the employee is protected against dismissal under this section, shall be deemed to have his due in the sick leave if nothing else be done overwhelmingly likely.

(3) employee who claims the protection notice under this section, by medical certificate or otherwise within a reasonable time give notice about the reason for the absence. If the employer requires it, must the total sick leave will be made by medical certificate.

section 15-9. Cancellation policy by pregnancy, and after the birth or adoption (1) an employee who is pregnant may not for that reason be terminated. Dismissal taking place during this period, shall be deemed to have his due in this respect if nothing else be done overwhelmingly likely. Pregnancy must be documented by medical certificate if the employer requires it.

(2) the worker who has leave of absence under section section 12-2, 12-3, 12-4 or 12-5 first paragraph for up to one year, must not be terminated with effect in absence period when the employer is aware that the absence is due to these reasons or the employee without undue stay gives the message that this is the reason for the absence. Are an employee legally said up to the resignation at a time that falls within this time span, is valid, but the resignation the resignation is extended with a corresponding period of time.

(3) For the worker who has leave of absence under section section 12-5 the second paragraph or 12-6 beyond one year, the first paragraph first and second periods accordingly.

section 15-10. Cancellation policy by military service, etc.
(1) the employee may not be terminated because of the leave of absence under section 12-12. By leave of absence under section 12-12 the first paragraph other periods include the privacy notice also periods where the employee is not absent from work.

(2) Termination taking place immediately before or within the period of time the employee is absent from work due to a leave of absence under section 12-12, shall be deemed to have his due in this relationship, if nothing else be done overwhelmingly likely.

section 15-11. The right to continue in the position (1) by a dispute about working conditions legally is terminated according to the rules in section 15-7 in the position the employee can continue as long as the negotiations in progress pursuant to section 17-3.

(2) if legal action be brought within the time limits imposed by section 17-4, the employee can continue in the position. After the claims of the employer the Court may nevertheless determine that the worker should retire during the treatment if the Court finds it unreasonable that the employment relationship is maintained during the treatment. This is also true at the entire or partial closure of the business. The court sets out at the same time the deadline for employee's resignation.

(3) the right to continue in the position does not apply at the dispute about parting, termination of the trial period, for the worker or employee hired temporarily. After the claims of the employee the Court may nevertheless determine that employment should continue until the case is settled, legally enforceable if the lawsuits be filed within the time limits in section 17-4.

(4) the right to continue in the position does not apply to participants in labour market measures under the auspices of or in collaboration with the labour and welfare that is terminated because the person is obtained ordinary work, be transferred to other measures or the measure ends.

(5) the Court may decide that the worker who is unjustly banned from the workplace after the cancellation deadline or time period for the contract has expired, have the right to re-enter in the position if the employee asks for this within four weeks from the ban.

section 15-12. Effects of unfair dismissal, etc.
(1) if the resignation is in violation of § § 15-6 to 15-10, the Court shall, after plea from employee, featured the dismissal invalid. In particular cases the Court may, after plea from employer, decide that the employment relationship will terminate if the trade-off of interests after the parties ' will find that it will be clearly unreasonable that employment continues.

(2) the employee may claim compensation if the resignation is in violation of § § 15-6 to 15-11. The compensation is determined to the amount that the Court finds reasonable taking into account the economic loss, the employer's and employee's relationship and the circumstances by the way.

section 15-13. Suspension (1) if there is reason to assume that a worker has been guilty in conditions that could lead to dismissal under section 15-14 and your business requirements warrant, the employer can impose on an employee to resign your employment while the case is being investigated.

(2) it shall be assessed on an ongoing basis about the terms after the first paragraph is met. If this is not the case, the suspension is revoked immediately. The suspension beyond three months must be justified in forholdets special art.

(3) the employee retains the salary he or she had at the time of the suspension forward to the suspension expires.

(4) by the suspension applies to the provisions of § § 15-1, 15-4 and 15-12 corresponding so far they fit.

section 15-13 a. termination of employment due to age (1) the employment can be brought to an end when an employee fills 72 years.

(2) the Lower age limit can be determined where necessary in the interests of health or safety.

(3) the Lower age limit, but not under 70 years, can be fixed if the limit be made known to the employees, the practiced consistently by the employer and the employee have the right to a satisfactory pension scheme. The employer shall discuss the lower age limit with the officials.

(4) lower age limit laid down in pursuance of the second or third paragraph must be factual justified and not disproportionately invasive, jf. section 13-3 the second paragraph.

(5) an employee is entitled to written notice of the time of resignation. Resignation can no earlier than six months is required after the first day of the month after the notification is arrived to the worker.

(6) before the notice is given to the employer as far as possible summon the employee to a call, unless worker not even want it.

(7) an employee who wants to retire, have a corresponding notification deadline of one month, yet so that the requirement of written form does not apply.

section 15-14. Firefox (1) the employer may dismiss a worker with the Decree of instant resignation if this has been guilty of rough duty violations or other material breach of the agreement.

(2) by the provisions of section apply parting section 15-1 and 15-4 accordingly.

(3) if the removal is improper, the Court shall recognize the invalid after plea from employee. In special cases, the Court may still, after claim from the employer, decide that the employment relationship will terminate if the trade-off of interests after the parties ' will find that it will be clearly unreasonable that employment continues. The Court may also decide that the employment relationship will terminate when it finds that the terms of factual termination is present.

(4) the employee may claim compensation if the removal is improper. The compensation is determined in accordance with section 15-12 second paragraph.

section 15-15. Certificate (1) employee who resigns after valid termination are entitled on written testimony of the employer. The certificate should contain information about the employee's name, date of birth, what work has passed in and about the forholdets duration.

(2) this provision does not limit the employee's right to require a more elaborate certificate in working conditions where this is customary and not otherwise provided for in the collective agreement.

(3) an employee who is dismissed also have claim on the certificate, but the employer may without further specification of the reason enlighten in certificate that the employee is dismissed.

section 15-16. Your business's Supreme Leader (1) the employer may enter into a written agreement with your business's Supreme Leader that the disputes in connection with the termination of the employment relationship shall be resolved by arbitration.

(2) the rules on the termination of this chapter does not apply to your business's Supreme Leader if the person in question in the prior arrangement has said from such rights against the severance by resignation.


section 15-17. Termination by the conflict the provisions of this chapter do not apply when terminating employment after business dispute law section 15 or service dispute the law § 22.

Chapter 16. Employees ' rights by transfer of an enterprise section 16-1. What the chapter includes (1) this chapter applies by the transfer of a business or part of the business to another employer. With the transfer will mean the transfer of an independent entity which retains its identity after the transfer.

(2) § § 16-2 and 16-4 shall not apply by transfer from a bankruptcy stay.

section 16-2. Wage and working conditions (1) before the employer's rights and obligations arising from the contract of employment or working conditions that exist at the time the transfer takes place, be transferred to the new employer. Claims, the first sentence can still be made against the former employer.

(2) the new employer is bound by the collective agreement as a former employer was bound by. This does not apply if the new employer no later than three weeks after the time in writing declares that the Union faced with the new employer does not want to be bound. The transferred workers has still the right to keep the individual working conditions arising out of the collective agreement which the former employer was bound by. This is true until this collective agreement expires or to be entered into the new collective agreement which is binding for the new employer and the posted workers.

(3) the employees ' right to further the earning of the age, survivors and disability pension according to the public service pension, be transferred to the new employer by the rules in the first and second paragraph. The new employer can choose to make the already existing pension schemes applicable to the transferred employees. If the workers ' former pension plans can not be continued after the transfer, the new employer ensure that the transferred employees are ensured the right to continue earning for a different collective pension scheme.

section 16-3. Booking the right etc.
(1) the employee may oppose that employment is transferred to the new employer.

(2) the worker who opposes that employment is transferred to the new employer, must notify the employer in writing earlier about this within the deadline this has determined. The time limit may not be less than 14 days after the information pursuant to section 16-6 is given.

(3) an employee who has been employed in the business in a total of at least 12 months in the last two years before the time, and that makes the current reservation right after this statement, has preferential rights to new employment with the previous employer for one year from the time, unless it is for a position the employee is not qualified for. The preference falls away if the worker has not accepted an offer of employment in a suitable position no later than 14 days after the offer was received. Preferential rights pursuant to section § 10-2 fourth paragraph, 14-2 and 14-3 goes in front of the preferential right after the paragraph here.

section 16-4. Protection against dismissal (1) the transfer of business to the other employer is not in itself reason for dismissal or departure from the former or new employer.

(2) if the contract of employment or employment relationship ceases because the change of employer involves significant changes in working conditions to the detriment of the employee, is considered the termination as a result of the employer's circumstances.

(3) by disputes under this section applies to the provisions of § § 15-11 and 15-12 accordingly, with the exception of section 15-12 first paragraph last sentence. The provisions of chapter 17 also applies as far as they are appropriate.

section 16-5. Information and discussion with elected officials (1) Previous and new employer shall as early as possible provide information on and discuss the transfer with the employees ' elected representatives.

(2) it is to be given special information for: a) the reason for the transfer, b) established or proposed date of the transfer, c) the legal, economic and social consequences of the transfer for the employees, d) changes to the collective agreement conditions, e) planned action against the employees, f) reservations and preferences, and the deadline for exercising such rights.

(3) if the former or new employer is planning action against the employees, to this as early as possible is discussed with the elected officials with a view to achieving a deal.

section 16-6. Information to the employees before and new employer shall as soon as possible inform the affected workers on transfers as mentioned in section 16-1. It is to be given special information about the conditions mentioned in section 16-5 the second paragraph the letters a to f.

section 16-7. Representation (1) if the business their independence, should the officials affected by the transfer as mentioned in section 16-1, keep its legal position and function.

(2) if the business is not saving their independence, to the transferred employees who were represented before the transfer will continue to be represented on a suitable way until new elections can take place.

(3) the first paragraph shall not apply if the transfer means that basis of the employees ' representation ceases. In this case the elected officials still be assured of protection in accordance with the agreements that protect elected officials in this area.

Chapter 17. Disputes about working conditions section 17-1. Disputes about working conditions (1) in legal proceedings on the rights or duties under this Act applies to the courts of Justice and civil law, with the special rules that goes out of this chapter.

(2) in connection with the lawsuit the Court may also process claims for the settlement of wages and holiday pay. The same applies to other claims in the context of or come in place of the requirements after the first paragraph, if it will not be to significantly disadvantage for the treatment of the case. The Court's decision after the previous period can not be attacked.

(3) mediation in conciliation does not take place for claims that are the subject of negotiations pursuant to section 17-3, the requirements as mentioned in section 17-1 the second paragraph or requirements that have been tested for the dispute resolution Committee under section 17-2.

(4) by lawsuits covered by § 17-4 first paragraph the Court shall expedite the matter the most possible and, if necessary, schedule the case outside of the ride.

section 17-2. Dispute resolution Committee (1) Dispute as mentioned in § § 10-13, 12-14, 14-3 and 14-4 a can be brought in for a dispute resolution Committee for decision.

(2) a dispute may not be brought before the courts until it has been tested for the Committee and decision from the Tribunal are available. At the Court trial of the dispute to the conclusion the Committee has come to stand by the team while the case is pending at the courts. If this will seem unreasonable, the Court may after claims from one of the parties fix another interim arrangement.

(3) the deadline for bringing the dispute before the courts is eight weeks from the time of the Committee's decision.

(4) the Ministry may by regulation provide further provisions on the appointment of the Committee's members, about its composition, about deadlines to promote the case for the Committee and about other rules about the proceedings.

section 17-3. The right to require negotiations (1) worker who will make the current that a termination or dismissal is illegal, that it is a violation of the rules on preferential treatment or that there has been an illegal temporary employment, hiring or suspension, may require negotiations with the employer. The same applies if the worker will require replacement due to the conditions as stated in the first sentence.

(2) the employee that will require negotiations must in writing inform the employer about this within two weeks. The deadline to claim negotiations is considered from: a) the resignation or removal took place, b) employer rejected the claim from an employee about the preferential rights to the new position, c) employee terminated by dispute if it has foreligget illegal hiring or temporary employment, or d) sus pensjonens the termination time.

By dispute whether there is legal hiring, temporary employment or suspension applies no time limit to claim negotiations.

(3) the employer shall ensure that the negotiating meeting will be held as soon as possible and at the latest within two weeks after the claim is received.

(4) if the employee travels cause of action or under the employer that the dishes lawsuits will be raised without that negotiations have been held, the employer can require negotiations with the employee. Demands for negotiations to be set out in writing as soon as possible and no later than two weeks after the employer is informed that legal proceedings are or will be raised. The employer shall ensure that the negotiating meeting being held in accordance with the rule in the preceding paragraph. If the lawsuits are raised, to the employer in writing notify the Court that negotiations will be held. The employee is obliged to meet to the talks.

(5) the employee and the employer have the right to let them assist by counsel during the proceedings. The negotiations must be finalized no later than two weeks after the date of the first negotiation meeting, unless the parties agree to continue negotiations. From the negotiations should be set up Protocol, which shall be signed by the parties and their advisors.

(6) in the dispute about hiring directed demands for negotiations towards the innleier. What it says about the employer in paragraph here also applies to innleier.

section 17-4. Cause of action deadlines in disputes concerning dismissal, resignation, suspension, etc.
(1) by the dispute about termination, resignation, violation of the rules on preferential or if it has foreligget illegal temporary employment, hiring, or suspension, the cause of action the deadline eight weeks. If the employee only requires replacement, the cause of action the deadline six months. The parties may in the particular case agree on a longer time limit. '

(2) the cause of action under subsection deadline is considered from the forhandlingenes exit. Are negotiations not held, is considered the deadline from the times mentioned in section 17-3 the second paragraph.


(3) if the employer's termination or resignation does not meet the form requirements in section 15-4 first and second paragraph, applies no cause of action time limit.

(4) by the existence of dispute about illegal temporary employment, hiring or suspension applies no cause of action time limit.

(5) the right to continue in the position under section 15-11 applies if the lawsuits brought by the end of the notice period, and within eight weeks from the forhandlingenes exit or from the dismissal took place. The same applies if the worker by the end of the notice period in writing during the dishes that the employer lawsuits will be raised within eight-ukersfristen. Time limits do not apply if the employer's dismissal does not meet the form requirements in section 15-4 first and second paragraph, cf.. the third paragraph in the section here. The Court may decide that the employment relationship to continue, jf. section 15-11 third paragraph, if the lawsuit with claims about this travel within eight weeks from the time of the employee's resignation or termination from forhandlingenes.

§ 17-5. Deadline extension and touch-ups upon termination during the disease, pregnancy, parental leave, military service, etc.
(1) by a dispute about the notice under section 15-legitimacy 8 running time limits to claim negotiation or go to legal action from the time the prohibition against dismissal under section 15-8 the first paragraph expires.

(2) upon termination during the absence due to the child's or children's passers disease pursuant to section 12-9 or absence due to the care of close associates under section 12-10, extended the deadline to claim negotiations or go to litigation with the number of days the employee was absent after the dismissal took place.

(3) upon termination during the leave of absence by the pregnancy, birth, adoption or care for young children by § § 12-1 to 12-6 or under leave of absence by military service, etc. under section 12-12 the Court may give touch ups for oversittelse of the time limits to claim negotiations or for legal action, if the employee requires it and the Court finds it reasonable.

section 17-6. With judge selection Court Administration shall appoint one or more special labour literate with judge selection for each County. At least two fifths of the judges of each selection with appointed at the suggestion of the employer organization and at least two five-part appointed at the suggestion of an employee organization.

section 17-7. Appointment of with judges (1) while the main negotiation and under appeal in the negotiation of appeal be put right with two with judges.

(2) with judges appointed at the suggestion of the parties from the special labour savvy selection appointed under section 17-6. In the High Court cases included judges from the selection that is appointed by the team the limits.

(3) the Parties propose their half of the number of judges the Court be put with in the individual case. Are not the parties ' proposals within the deadline the judge has determined, the judge can appoint with judges after Court Act § 94. The same applies if several plaintiffs or defendants do not agree on some common suggestions.

(4) the Court may nevertheless be set without with the judges if the parties and the Court agree that, with judges is unnecessary.

Chapter 18. The audit with the law § 18-1. Labour inspection (1) the Labour Inspectorate oversees that the provisions of and in pursuance of this Act are being complied with. When it is necessary with special expertise to conduct audits under this Act, the labour inspectorate can appoint experts to perform control and make surveys, etc. on The Authority's behalf. The Ministry may determine the provisions regarding The Authority's organisation and business.

(2) the Ministry may decide that the audit with parts of the public administration and transport companies run by the State shall be arranged in another way than that provided by the law. The Ministry may decide that other public authority than the labour inspectorate shall supervise that the provisions in or in pursuance of this Act are being complied with.

§ 18-2. Protection of sources When the Labour Inspectorate get the message about the conditions that are in conflict with the law, to melderens name is kept secret. Confidentiality also applies to the reports.

section 18-3. Fees (1) the business that goes under this law, may be ordered to pay to the Treasury an annual supervisory fee or fees to cover expenses to the control, approval, certification or to the mandated surveys or tests, including sector fee to cover expenses at the other follow-up tasks that target all or part of the petroleum business.

(2) the Ministry may by regulation provide closer to rules on such fees and sector charge. The fees and sector charge is enforceable for disbursements.

(3) the Ministry may by regulation provide access for the labour inspectorate to claim a refund of expenses for surveys and samples which the employer after the law has a duty to perform.

§ 18-4. The Authority's access to business (1) the labour inspectorate shall at all times have free access to any place covered by the law. Supervisory personnel to legitimise itself in accordance with the administrative law section 15 and if possible make contact with the employer and safety Ombudsman. Cherish the Ombudsman may require also other representatives of employees participating under control. In businesses where there is no safety representatives, supervisory personnel about possible contact with the other representative of the workers.

(2) the employer or representative of this has the right to, and may be ordered, to be present during the control. Supervisory personnel can determine that the right not to apply, interview of the employee or if such presence can not be completed without significant inconvenience or without that the purpose of the control is inserted in danger.

(3) with less weighty considerations dictate otherwise, the labour inspectorate shall give the written report to the employer about the results of the control. Copy of the report to be given protection Ombudsman, and if necessary, to corporate health services.

§ 18-5. (1) Any information that is subject to supervision under this Act when the labour inspection requires it and without the hindrance of confidentiality provide information that is deemed necessary for the conduct of the audit. Labour inspection can determine in what form the information should be given.

(2) the Information referred to in the first paragraph may also be required from other public regulatory authorities conclude the confidentiality that otherwise applies. Disclosure obligation applies only to the information that is necessary for the supervisory authority to be able to perform their duties according to the law.

section 18-6. Toppings and other individual decisions (1) the Labour Inspectorate, they provide order and hit the individual decisions or that are necessary for the implementation of the provisions of and in pursuance of Chapter 2 to Chapter 11 as well as § § 14-1 a, 14-5 to 14-8, 14-9 the first paragraph letter f other periods, and the first paragraph last sentence, 14-12 second paragraph second period, 14-12, 15-2 and 15-15. This does not apply section § 2-4, 2-5, 10-2 second to fourth paragraph and section 10-6 tenth paragraph.

(2) an order shall be given in writing, and to set a deadline for when it should be performed. By imminent danger the labour inspectorate can require that appropriate action is taken immediately. In order to be informed of the complaint, complaint and access deadline it closer to the procedure for a complaint, as well as the right to see the documents, cf. administrative law section 27.

(3) the labour inspectorate can prohibit that dangerous chemicals or biological material is manufactured, packaged, used or kept in business that goes under the law. The labour inspectorate can also require that the employer shall make special research or deliver samples to study. Expenses in this regard be borne by the employer.

(4) the labour inspectorate can require that the manufacturer or importer of chemicals or biological material making surveys or provide sample to survey to get determined chemistry or kaliets material farlighetsgrad. Spending on such surveys carried by the obligation to make the survey or delivering the test. The labour inspectorate can prohibit the sales of a chemical or biological material if a manufacturer or importer neglects his report or select the duty, or does not provide the supplementary information required pursuant to section 5-4 first paragraph, LITRA c.

(5) the labour inspectorate may issue an order that the supplying or marketing a product that even if it is used in accordance with the requirements, can lead to danger to life or health, shall take necessary measures to avert the danger. It can among other things, required that: a) delivery or marketing is stopped, b) products be revoked.

(6) in conjunction with the permission, consent, exemption or other individual decisions the labour inspectorate can set specific criteria.

(7) the Directorate of labour inspection is the complaint authority for individual decisions taken by the local labor supervision. The Ministry's complaint authority for individual decisions taken by the Agency.

(8) workers ' representatives should be made familiar with the toppings and other individual decisions that the Labour Inspectorate hit.

section 18-7. Coercive in order according to the law it can determine an ongoing coercive for each day or week or month that goes after the expiry of the time limit is set for the fulfillment of the order, until the order is fulfilled. Coercive can also be determined as engangsmulkt. The labour inspectorate may waive accrued coercive.

§ 18-8. Punching if the injunction is not met within the time limit, the Labour Inspectorate partially or completely stop your business activities until the order is fulfilled. By imminent danger the labour inspectorate can stop the activities that are related to the danger the situation even if the injunction is not granted.

§ 18-9. The Authority's consent by the listing of the building etc.

(1) the one that will put on building or perform bygningsmessig work report or application required for planning and building law and is expected to be used or will be used by business that goes under this law, have a duty to obtain The Authority's consent in advance.

(2) the Ministry may by regulation provide closer provisions on the obligation to obtain The Authority's consent under this section, the information as may be required and the conditions that can be set to give such consent.

(3) the Ministry may by regulation determine that consent is not required for special jobs or buildings when this is ubetenkelig out from the consideration of the working environment.

section 18-10. Violation fees (1) the labour inspectorate can impose a business if any violation fee that has acted on behalf of the business has infringed provisions as mentioned in section 18-6 the first paragraph. Violation fee even if no one can be single person has expelled me. Violation fee accrue to the Treasury, and can be a maximum of 15 times basic amount in the national insurance scheme.

(2) when evaluating whether the violation fee should be imposed, and determining, to the particular emphasis is on: a) the seriousness of the infringement is, b) the degree of fault, c) whether there is repetition, d) about the business by guidelines, instructions, training, control or other measures could have forebygget the infringement, e) about the business have had or could have gained some advantage by the infringement, f) if the infringement is committed to promote your business interests , g) about other reactions as a result of the violation will be imposed business or someone who has acted on behalf of this, h) your business's financial ability, and in) the preventive effect.

(3) When not otherwise set out in the individual decisions, the deadline is four weeks fulfillment from the decision on the violation charge was hit. Final decision on violation charge is enforceable for disbursements. If the business goes to the lawsuit against the State to try the decision, suspending coercive power. The Court may try all sides of the issue.

(4) freedom to impose the violation fee two years expire after the infringement ceased. The aging time limit is interrupted by the fact that the Labour Inspectorate has given advance notice of the decision on violation fee, cf. administrative law section 16.

Chapter 19. Penalty section 19-1. Responsibility for the holder of the business, the employer and the employer's place as leader in the business (1) by the intentional or negligent infringement of the provision or order given in or pursuant to this Act, is punishable the holder of the business, the employer or the employer's place as the leader in the business with fines or imprisonment up to one year, or both. Complicity is punishable in the same way, yet so that the worker is punishable under section 19-2.

(2) Under especially aggravating circumstances, imprisonment up to three years is applied. In determining whether such circumstances exist, it shall in particular emphasis is on whether the violation has or could have resulted in serious danger to life or health or whether it is made or continued despite the injunction or appeal from the public authority, the decision of the AMU or recommendations from the safety representatives or occupational health service.

(3) For a violation that has or could have resulted in serious danger for life or health, the owner of the business, the employer or the employer's place as the leader in the business is punishable under this section, unless the person concerned has performed in every respect fully justifiable with respect to their duties under the law or regulations in pursuance of the law.

(4) the provisions of this section do not apply to the rules of Chapter 8, 12, 13, 15 and 16. The provisions also does not apply the rules in chapter 14, with the exception of § § 14-5 to 14-8 and 14-15.

§ 19-2. Responsibility for the workers (1) worker who negligently contravenes a provision or order given in or pursuant to this Act, is punishable by fines. Complicity is punishable in the same way.

(2) the infringement Is intentional or grossly negligent, fines or imprisonment up to three months, or both, are applied.

(3) by particularly aggravating circumstances, imprisonment up to one year are applied. In determining whether such circumstances exist, it shall in particular emphasis is on whether the offense was inconsistent with the special work or security instructions and whether the employee knew or should understand that the infringement could lead to serious danger for someone else's life or health.

(4) the provisions of this section do not apply to the rules of Chapter 10 about working time and chapter 14 and 15 of the cancellation policy.

section 19-3. Responsibility for undertaking criminal liability for enterprises is regulated in the Penal Code § § 27 and 28.

section 19-4. Responsibility to prevent public authority It that prevents research that public authority will take under this Act or fails to provide the required assistance or to provide information that is considered necessary for the performance of the authority under this Act, is punishable by fines unless the relationship affected by section 19-1, or stricter penalties in the criminal code. Complicity is punishable.

§ 19-5. Public servant Any that are related to the Labour Inspectorate is in relation to the criminal code to count as public servant.

§ 19-6. Påtalen violation of this law is subject to public prosecution.

§ 19-7. (Repealed by law 19 June 2015 No. 65 (ikr. 1 Oct 2015).)

Chapter 20. Final provisions § 20-1. Entry into force the law will take effect from the time that the King decides. 1 section 20-2. Transitional provisions Regulations given in pursuance of law 4. February 1977 Nr. 4 about the worker protection and working environment etc. shall apply until otherwise decided.

section 20-3. Changes in other laws from the entry into force of the law be made the following changes in other laws:-