Law On Labor Services (Labor Law)

Original Language Title: Lov om arbeidsmarkedstjenester (arbeidsmarkedsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-12-10-76

Law on labor services (labor law).


Date LOV-2004-12-10-76


Ministry of Labour and Social Affairs

Edited

LOV-2015-06-19-42 from 01.01.2016, LOV-2015-06-19-65 from 10/01/2015


Published in 2004 Booklet 14


Commencement 01.07.2005

Changes
LOV-1947-06-27-9

Promulgated
10.12.2004

Short Title
Labour Act

Chapter Overview:

Chapter 1. Purpose and scope (§§ 1-2)
Chapter 2. Labour
Chapter 3. Employer notification (§§ 7-8)
Chapter 4. Registration and needs assessment (§§ 9-11)
Chapter 5. Labour etc. (§§ 12-13)
Chapter 6. Procedural rules (§§ 14-21)
Chapter 7. Recovery etc. (§§ 22-24)
Chapter 8. Private employment services and hiring out of workers (§§ 25-27)
Chapter 9. Sanctions (§§ 28-30)
Chapter 10. Final provisions (§§ 31-32)

Chapter 1. Purpose and scope

§ 1. Purpose The purpose is to help achieve a more inclusive workplace through a well-functioning labor market with high employment and low unemployment.

§ 2. Scope Chapter 1 to 7 apply to all persons legally residing in the kingdom and for anyone doing legitimate business in Norway. NAV will also provide services under this Act to other legal entities only by virtue of international obligations.
King may establish special rules for Svalbard and Jan Mayen.
Ministry may issue regulations stipulating that measures pursuant to this Act may be used outside the country as appropriate to promote the purpose and the services NAV performs as a result of international obligations.
Ministry may issue regulations on the application of posted workers, cf. Working Environment Act § 1-7.

Chapter 2. Labour

Chapter 3. Employer notification

§ 7. Employer's obligation to notify vacancies employer shall immediately notify the vacancy to NAV. Will it be immediately put into your position falls notification requirement away.
The notification requirement does not apply when the position has become vacant because of a lockout or strike that is approved by the confederation of the employers or workers conflict comes, and it is not known illegal by court.
An employer who has applied to NAV to get labor, shall immediately notify the Labour and Welfare Service if the assignment lapses.
Employers who wish to advertise for labor without giving his name, shall simultaneously with notification under subsection give the reason such a method.
The King may issue regulations concerning exemptions from the provisions of the first paragraph of vacancies in the state, counties, municipalities and annual and semi-public institutions. The King may also issue regulations concerning the extent to which these will use NAV when to add workers.

§ 8. Employer's notification and Labour and Welfare Service supervision by redundancies and layoffs employer who is considering going to mass layoffs, cf. Working Environment Act § 15-2 first paragraph, at the earliest possible and at the latest when the employer calls a consultation, give NAV message as set out in the working Environment Act § 15-2 third paragraph. Corresponding notification shall be given NAV if the employees will be laid off without pay or for more than 4 weeks will receive their weekly working curtailed by more than 50 percent. Notification shall also be given by mass layoffs or layoffs of workers covered by the Civil Service.
Notice shall be given to NAV in the district in a business.
Planned redundancies shall effect earlier than 30 days after the NAV is notified. If it is necessary to achieve such an agreement as mentioned in the Working Environment Act § 15-2 second paragraph, may NAV extend the deadline under the first sentence of up to 30 days. If NAV change this deadline shall be given written notice to the employer of this. The deadline can not be extended when a business ceases as a result of a court decision.
NAV will use the deadline after the third paragraph, first or second sentence, to find solutions to the problems that the projected redundancies travels. The Ministry may issue further regulations on how the right to deferment of redundancies to be used and the Labour and Welfare Administration's role in the postponement.
Labour and Welfare may establish restrictions on the notification requirement.

Chapter 4. Registration and needs assessment

§ 9. (Repealed by Act 16 June 2006 no. 20 (ikr. July 1, 2006 acc. Res. 16 June 2006 no. 631).)


§ 10. Registration as a jobseeker Anyone covered by this law has the right to be registered as a jobseeker with the Labour and Welfare Administration.
To be entitled to be registered, must jobseeker sign up to NAV in such manner and as often as NAV decide.

§ 11. (Repealed by Act 19 Dec 2008 no. 106 (ikr. March 1, 2010 acc. Res. 19 February 2010 No.. 189).)

Chapter 5. Labour etc.

§ 12. Labour Labour should be designed and organized in accordance with the purpose, goals and guidelines that underlie Parliamentary appropriations, allocation letter from the Ministry and regulations.
Ministry may issue further rules on labor market measures and adopt further purpose, content, people covered and organizing initiatives.
Ministry may issue regulations on experiments with labor.

§ 13. Remuneration of implementation of labor etc. Participants in labor can get action money if they do not receive a salary from measures organizer or entitled to be reimbursed living expenses otherwise. Ministry issues regulations concerning conditions for and the size of the measure money, including the measures participants can get action money. The Ministry may issue regulations which derogate from the first sentence.
Initiatives Participants who receive assistance money can get additional grants to cover costs they have because of measures participation, unless they have a right to recover expenses under other law, agreement or practice. There may also be additional benefits to a measure participant who does not get paid measure of money because he or she is inked in prison and a measure participant participating in a measure entitling the measures of money as part of a qualification program, cf. Chapter 4 the law of 18 December 2009 No.. 131 social services in NAV. Measures Participants participating in a measure that entitles measures of money but receives unemployment benefit under the National Insurance Act, Chapter 4, may receive compensation to cover travel expenses. The Ministry may issue regulations on the terms and size of additional transfers.
Ministry may issue regulations concerning benefits for measures promoters, employers, workers and people in education, including the conditions for and the amount of benefits and the employer to pay wages to participants in action, and that job seekers may receive compensation that promotes geographic mobility and flexibility the labor market.

Chapter 6. Procedural rules

§ 14. General rules of procedure Administration Act applies with the rules laid down in this Act.

§ 15. Where an application for benefits must be submitted a claim for benefit in connection with the labor market under chapter 5 of this Act, be submitted to the local Nav office unless Labour and Welfare decides otherwise.
Ministry may issue regulations on when claims must be filed.

§ 16. The concepts party and individual in certain matters more who need or want the same service, are not considered as parties in the same case, and can not complain that another person has received the service.
Labour and Welfare Administration decisions facing an action organizer establishing an action space is not counted as individual Administration. The same applies to decisions that employer hit on behalf of the NAV on admission on labor or termination of the measures the relationship.

§ 17. Appeals Individual under the Act may be appealed to the next highest authority or to the body that Labour and Welfare decides.
The deadline for appeals against decisions are six weeks from the date of notification of the decision arrived at the party in question. Appeals must be submitted for the common local office in NAV where the complainant resides or is staying, unless Labour and Welfare decides otherwise. For Labour and Welfare Administration granting of measures space by an employer shall nevertheless three-week appeal period from the date of notification of the decision reached jobseeker.

§ 18. Notification of the decision the Ministry may issue regulations concerning the notification of a decision need not be given when the decision applies stoppage of performance for reasons that are obviously known to the party, and it is given advance briefing on the right to performance lapses in such cases.


§ 19. Duty to inform NAV NAV may impose job seekers, workers, employers, government agencies, educational institutions, State Educational, Norway Post, insurance companies, banks, private pension plans and measures and dissemination actors to provide information necessary for the Labour and welfare Administration to carry out its duties under this Act.
Those who are required to provide information, is obliged to do this without remuneration. The information shall be provided without undue delay and notwithstanding confidentiality.

§ 20. Specific restrictions on confidentiality statutory secrecy is not to prevent information about benefits paid may be given to the tax authorities for control purposes.
Statutory confidentiality is neither hinder the necessary exchange of information in performance issues between Labour and Welfare Administration bodies and there or the bodies established pursuant to the National Insurance Act § 21-15 first paragraph.

§ 21. Police Ministry in regulation further provisions on requirements relating to police in accordance with the provisions of the Police Register Act § 39 first paragraph of person to be employed in a company that organizes labor targeting handicapped, and on the measures this should apply.

Chapter 7. Recovery etc.

§ 22. Repayment etc. By claiming repayment of fault benefits paid applies Insurance Act §§ 22-15 and 22-17 accordingly.

§ 23. (Repealed by Act 16 June 2006 no. 20 (ikr. July 1, 2006 acc. Res. 16 June 2006 no. 631).)

§ 24. (Repealed by Act 16 June 2006 no. 20 (ikr. July 1, 2006 acc. Res. 16 June 2006 no. 631).)

Chapter 8. Private employment services and hiring out of workers

§ 25. Definitions and Scope The private placement consists of all active link between the job seeker and the employer performed by other than NAV for the purpose of establishing an employer / employee relationship.
The hiring out of workers means hire workers from an employer (the lessor) to an employer (hirer) where they hired is subject to the principal's leadership.
Ministry may issue further provisions concerning what is meant by private placement and hiring out of workers.
The provisions of this chapter shall apply to activities carried out in Norway.

§ 26. Private employment activities engaged in private employment, can not demand payment of the jobseeker for placement service.
Ministry may lay down further conditions for notification, reporting, supervision, organization and operation of mediation, and may in special cases grant exemptions from the prohibition in the first paragraph.
Ministry may lay down specific rules for businesses involved in placement of seafarers.

§ 27. Rental of workers Businesses that hire out workers must meet the following conditions:

1.
Business who has leased out a worker may not restrict the employee's ability to take up employment with the hirer after employment lessor has ended.

2.
The business can not hire a worker to one of the employee's previous employers until it has been six months ago worker stopped by this.

3.
The business may not require the payment of the employee for hire services.

Ministry may lay down further conditions for notification, reporting, supervision, organization and operation of the rental business. The Ministry may lay down conditions for the hiring of employees from rental activities and supervision of such a course.
Ministry may lay down specific rules for businesses that hire out seafarers.

Chapter 9. Sanctions

§ 28. Lockout Employers and employees who do not meet reasonable demands which NAV set in connection with its services, may for a limited period be excluded from all or part of the Labour and Welfare Service's offerings under this Act.

§ 29. Punishment for providing false information and for not providing the necessary information if the offense falls under severe penalty, punishable by fines

A)
whoever by provisions or orders pursuant to this Act obliged to provide information and messages, but who willfully or negligently neglects to do this,

B)
whoever deliberately gives false information or withholds information important for the rights or duties under this Act.

Prosecution under this provision shall take place only at the request of Labour and Welfare or authorized by the Directorate.


§ 30. Penalties for violation of provisions laid down by or pursuant to §§ 26 and 27 If the situation does not fall under a more severe penalty, punishable by fines on anyone who willfully or negligently violates the provisions set out in or pursuant to § § 26 and 27.

Chapter 10. Final Provisions

§ 31. Commencement This Act comes into force when the King bestemmer.1

§ 32. Amendments to other legislation From the time this Act comes into force, the following amendments to other legislation: - - -1