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Act No. 4 of 4 February 1977 respecting workers' protection and the working environment, as amended to Act No. 2 of 6 January 1995.
Editor's Note: The above Act No. 4 of 4 February 1977 was published in the former Legislative Series under 1977-Nor. 1. The text reproduced below is a consolidation of the 1977 Act and all subsequent amendments.
Section 1. Purpose. The purpose of this Act is to:
Section 2. Scope. (1) Provided that the Act does not expressly state otherwise, it shall apply to any enterprise that engages employees.
(2) The following shall be excluded from this Act:
(3) The Crown may decide that activities relating to exploration for and exploitation of natural resources in the seabed or its substrata in Norwegian inland waters, Norwegian sea territory and that part of the continental shelf which is subject to Norwegian sovereignty, except for areas subject to private property rights, shall wholly or in part be exempted from the Act.
The Act shall apply to activities as referred to above in areas outside the Norwegian part of the continental shelf if this ensues from separate agreement with a foreign state or under international law in general. The Crown may decide that the activities shall wholly or in part be exempted from the Act.
The Crown may also decide that the Act shall apply wholly or in part to activities as referred to in the first paragraph in areas outside the Norwegian part of the continental shelf, if exploration for and exploitation of natural resources are undertaken from installations registered at the Norwegian register of ships or if manned underwater operations are undertaken from installations or vessels registered in the Norwegian register of ships. The Crown may likewise decide that the Act shall apply to relocations of installations or vessels as referred to in the preceding sentence.
When activities as referred to in the first and second paragraphs above are exempted from the Act, the Crown may at the same time lay down other rules which shall apply instead. The same shall apply when the Act is made applicable in cases referred to in the third paragraph above.
The Crown may decide that parts of the public administration shall be exempted from the Act or from parts of it, when the nature of the activity is such that to adapt it to the provisions of this Act would be impracticable. Whether an activity conducted by public authority shall be deemed "administration" shall be decided by the Crown.
(4) The Crown shall decide to what extent exemptions from the Act shall be made for civil aviation and other state air traffic which is carried out for purposes of state affairs and which is covered by the Aviation Act. In this connection the Crown may lay down rules which shall apply instead of the rules of this Act.
(5) The Crown may decide that the rules of this Act shall apply wholly or in part to activities within agriculture and forestry which do not engage employees. In this regard, the Crown may lay down special rules and exemptions for such activities.
For the purpose of this Act, agriculture also means forestry and other activities that are connected with agriculture and do not substantially exceed what is required for operating a farm or household.
Activities in animal husbandry, fur-bearing animal breeding, market gardening and gardening shall also be considered agriculture, even where such activities are not connected with ordinary agriculture.
The Crown may decide that the rules of Chapter IV of this Act shall apply to manufacturers, suppliers, etc. of technical devices and equipment or toxic or other noxious substances that will or may foreseeably be used in activities or agriculture or forestry that do not engage employees.
The Crown may exempt from this Act - and lay down separate rules relating to - activities in agriculture that do not employ hired labour other than as some form of relief assistance.
(6) The Crown shall decide whether and to what extent this Act shall be applicable to work performed in the employee's home.
The Crown may further decide that the rules of this Act shall apply, wholly or in part, to workers who carry out domestic work, care or nursing in the home or household of private employers, and may in this connection stipulate particular regulations for such employees.
(7) The Crown may decide that the rules of this Act shall also apply wholly or in part to enterprises that do not engage employees.
(8) The Crown may decide that the provisions of this Act shall apply
wholly or in part to anyone legally responsible for contracting out building
assignments or to their representative.
Section 3. Employee. (1) For the purpose of this Act "employee" shall mean any person who performs work in the service of another.
If an activity is conducted by two or more persons jointly for their own account, only one of these persons shall be deemed to be an employer under this Act, and the other persons shall be deemed to be workers. This shall not apply to family farms within agriculture and forestry. The name of the person who is to be regarded as the employer shall be reported immediately to the Inspectorate of Labour.
(2) The Crown shall decide to what extent:
Section 4. Employer. For the purpose of this Act "employer" shall mean anyone who has engaged employee(s) to perform work in his or her service.
The provisions of this Act relating to the employer shall apply, mutatis mutandis, to any person managing an enterprise on an employer's behalf.
Section 5. Contracting-out. Departures from this Act shall not be made by contract, unless special provision has been made to that effect.
Section 6. Compulsory registration. Enterprises covered by this Act shall register in writing with the Labour Inspectorate, unless they have reported to the Inspectorate earlier pursuant to section 3 of the Act of 7 December 1956 respecting the protection of workers. Registration shall also be effective when an enterprise intends to bring a new permanent workplace into operation, whether in connection with a removal or otherwise, and when a temporary workplace is brought into operation for a period of more than six weeks. Registration shall be effective as soon as possible, and in any event not later than one week before the enterprise commences work or brings the workplace into operation. Further rules relating to registration requirements for temporary or for variation of building and construction sites where work is planned for a period shorter than six weeks shall be stipulated by the Director of Labour Inspection.
The Director of Labour Inspection shall make further provisions as to the information to be supplied in connection with registration. The Directorate may make an exemption to the rule as to the registration of a temporary workplace and for special groups of tradespersons when this would involve special inconvenience for the enterprise, and registration is not considered necessary for the purposes of supervision under this Act.
Section 7. General requirements. (1) The working environment in an enterprise shall be entirely satisfactory from a standpoint of both an individual and an overall assessment of environmental factors that are capable of having an effect on the workers' physical and mental health and welfare.
(2) The Crown may make provisions restricting the admission to employment of certain categories of workers who may be especially exposed to accidents or health risks. The Crown may in this connection make provisions relating to the transfer of such categories of workers to other employment.
(3) In enterprises where consideration for the health and safety of workers makes it necessary, the Crown may establish regulations prescribing that:
Section 8. Workplaces. (1) Workplaces shall be arranged so that the working environment is entirely satisfactory from the standpoint of the workers' safety, health and welfare. Particular attention shall be paid to ensuring:
(2) The workplace shall be arranged so that employees of both sexes can be employed there.
(3) Housing accommodation provided by the employer to employees shall be properly constructed, equipped and maintained. Any house rules shall be drawn up in consultation with employee representatives. The Crown may lay down provisions prohibiting house rules that have unreasonable effects upon employees.
(4) The Crown shall establish further provisions relating
to the requirements imposed under this section for permanent, temporary,
ambulatory and outdoor workplaces. These rules may also be made applicable
to lessors of premises, etc.
Section 9. Technical appliances and equipment. (1) Technical appliances and equipment in the enterprise shall be designed and provided with safety devices so that the employees are protected against damage to their life and health.
When technical appliances are being installed and used care shall be taken to ensure that the employees are not exposed to any adverse effects from noise, vibration, uncomfortable working positions, etc.
Technical appliances and equipment should be designed and installed so that they can be operated by or be adapted for use by employees with different physical characteristics. Technical appliances and equipment shall at all times be given care and maintenance.
(2) The Crown shall make further provisions as to the requirements imposed under this section, including requirements as to:
Section 10. Boilers, tanks and pipes under pressure. (Repealed)
Section 11. Toxic and other noxious substances. (1) In enterprises where toxic or other noxious substances, including toxic or noxious biological material, are manufactured, packed, used or stored in a manner that may involve a health hazard, the working processes and other work shall be entirely satisfactory so that the employees are protected against accidents, injury to health and special discomfort. Containers and packaging for the substances shall be clearly marked giving the name of the substance and a warning in Norwegian.
The enterprise shall keep a register of such substances indicating the name of the substance, its composition, physical and chemical properties, as well as information concerning possible poisonous effects (toxicological data), elements of risk, preventive measures and first-aid treatment. The enterprise shall have the necessary equipment to prevent or counteract injury to health due to such substances. Such dangerous substances shall not be used if they can be replaced by substances less hazardous to the employees.
(2) In enterprises that manufacture, pack, use or store toxic or noxious substances, including toxic or noxious biological material, in a manner that may involve a health hazard, the working environment and the health of the employees shall be kept under continuous control.
The Directorate of Labour Inspection shall make further rules relating to test methods, the scope and frequency of examinations, and the reporting of results. Moreover, the Directorate may require the employer to carry out special studies or submit specimens for examination.
The cost of examinations required under this section shall be borne by the party required to have them carried out or to supply the samples.
(3) The Directorate of Labour Inspection may direct that a register shall be kept of all employees who are exposed to specified noxious substances, including toxic or noxious biological material, in enterprises covered by this Act.
(4) The Crown may prohibit the manufacturing, packaging, use or storage of noxious substances, including toxic or noxious biological material, in enterprises covered by the Act. Moreover, the Crown may stipulate further conditions for the use or production of any substance.
(5) The Directorate of Labour Inspection shall make further rules relating to the manufacturing, packaging, use and storage of toxic and other noxious substances, including toxic or noxious biological material, in enterprises covered by this Act.
(6) The Directorate of Labour Inspection may exempt, either
wholly or in part, from the rules in this section enterprises which use
toxic or other noxious biological material in connection with research
and analysis etc.
Section 12. Planning of the work. (1) General requirements. Technology, organization of work, execution of the work, hours of work and systems of remuneration shall be conceived so that employees are not exposed to adverse physical or mental effects, or that their possibilities of exercising caution and observing safety considerations are not impaired. Necessary means to prevent undesirable physical effects shall be placed at the disposal of the employees. Employees shall not be subjected to harassment or other unseemly behaviour.
Conditions shall be arranged so that the employees are afforded reasonable opportunity for occupational and personal development through their work.
(2) Conception of work. When planning and conceiving work the individual employers opportunity for self-determination and professional responsibility shall be taken into consideration.
Efforts shall be made to avoid monotonous, repetitive work and work that is governed by machine or conveyor belt in such a manner that the employees themselves are prevented from varying the speed of the work.
Otherwise efforts shall be made to arrange the work so as to provide possibilities for variation and for contact with others, for establishing a relationship between individual job assignments,and for the employees to be kept informed about production requirements and results.
The work must be arranged in such a way that the dignity of the employee is not infringed.
(3) In particular about control and planning systems. Employees and their elected representatives shall be kept informed about systems employed for planning and implementation of work, including planned changes to such systems. They shall be given the training necessary to enable them to learn these systems, and they shall take part in their conception.
(4) Special provisions as to work involving hazards.
(5) The Crown shall make further rules relating to the requirements to be imposed upon the enterprises under this section.
Moreover, the Crown shall make further rules relating to personal protective equipment, such as those concerning:
The rules relating to personal protective equipment may also be made applicable to the manufacturer, importer and supplier.
Section 13. Special provisions for disabled employees. (1) Passageways, sanitary facilities, technical appliances and equipment, etc., shall, in so far as it is possible and reasonable to do so, be designed and installed so that occupationally disabled persons can work in the enterprise.
(2) If an employee has become disabled in his occupation as the result of an accident, disease, overstrain or the like, the employer shall, to the extent possible, implement the necessary measures to enable the employee to obtain or to retain suitable work. Preferably the employee shall be given the opportunity to continue his normal work, possibly after special adaptation of the work, alteration of technical installations, rehabilitation, etc.
(3) In the event that, pursuant to the rules of subsection (2), there is a question of the transferral of an employee to other work, the employee and the elected representative concerned shall be consulted before any decision is made.
(4) The employer is obliged, when the social security office so requests, to provide information with regard to possibilities for implementing measures at the workplace to enable a worker on sick leave to return to work (cf. section 18(2), fourth paragraph, of the National Insurance Act).
(5) Further rules relating to the implementation of the provisions of this section shall be made by the Ministry.
Section 14. Duties of the employer. The employer shall ensure that the enterprise is installed and maintained, and that the work is planned, organized and performed in accordance with the provisions contained in and made under this Act (cf. in particular sections 713).
To ensure that the safety, health and welfare of the employees is taken into consideration at all levels of the enterprise, the employer shall:
The Crown shall make further rules relating to the obligations of employers pursuant to the preceding paragraph.
Section 15. More than one employer at the same workplace. (1) When more than one employer conducts activities at the same time at the same workplace:
(2) At workplaces where more than 10 employees are engaged at the same time, and none of the enterprises can be regarded as the principal enterprise, the employers shall decide by written agreement which of them shall be responsible for the coordination. In the event that no such agreement is reached, the Inspectorate of Labour shall be notified and shall decide which employer shall be responsible for coordination.
(3) The Directorate of Labour Inspection shall make further
provisions concerning the obligations arising from this section.
Section 16. Obligations of employees. (1) The employees shall take part in the implementation of measures to be carried out to create a sound and safe working environment and take part in the activities organized in the enterprise in connection with safety and environmental questions.
The employees shall perform their work in conformity with orders and instructions from superiors or from the Inspectorate of Labour. They shall use the prescribed protective equipment, exercise caution and otherwise contribute to prevent accidents and injury to health.
If the employees become aware of faults or defects that may involve a hazard to life or health and they themselves are unable to remedy the fault or defect, they shall immediately notify the employer or his authorized representative,the safety delegate and, to the extent necessary, other employees.
Employees who find that their work cannot continue without danger to life or health shall stop working. Employees who suffer injury at work or who contract diseases which they believe result from their work or conditions at the workplace shall report this to the employer or his representative.
(2) Employees whose duties involve directing or supervising other employees shall ensure that safety and health are taken into consideration when work that comes under their areas of responsibility is being planned and carried out.
Section 16A. The Crown shall make further rules concerning internal control and internal control systems to ensure compliance with requirements contained in or made under this Act.
SUPPLIERS, ETC. Section 17. Manufactures, suppliers and importers of technical appliances and equipment. (1) Any person who manufactures, imports, sells, leases or lends technical appliances or equipment that will or may foreseeably be used by enterprises covered by this Act, shall, before delivering them for use, or displaying them for sale or advertising purposes, ensure that they are designed and provided with safety devices in accordance with the requirements of this Act.
Technical installations or equipment that are displayed for sale or advertising purposes, or which are exposed for demonstration purposes, and are not provided with necessary protective devices, shall be visibly marked by signs containing information to the effect that the installation or equipment is not in accordance with the requirements of this Act and cannot be delivered to be used until the manufacturer, the supplier or the importer has ensured that the installation or equipment is made to comply with the requirements contained in or issued under this Act. In the case of demonstrations, necessary measures shall be taken to prevent persons, animals or property from being exposed to danger.
Care shall be taken when designing such technical appliances and equipment referred to in the preceding paragraph to ensure that they can be used for their intended purposes without involving special inconvenience or discomfort.
They shall be accompanied by the necessary, easily understandable written instructions in Norwegian concerning transportation, installation, operation and maintenance.
(2) Any person who undertakes independently to install such technical appliances or equipment as mentioned in subsection (1) above shall ensure that it is assembled and installed in accordance with the requirements of this Act.
(3) Before such technical appliances or equipment as mentioned in subsection (1) above are delivered or displayed, they shall be marked with the name and address of the manufacturer or, in the case of imported goods, of the importer, or otherwise be marked so that the manufacturer or importer can easily be identified.
(4) The Crown shall make further provisions relating to:
(5) The costs of inspections or surveys required under this
section shall be borne by the party required to have them carried out.
Section 18. Manufacturers and importers of toxic and other noxious substances. (1) Any person who manufactures or imports toxic or other noxious substances that shall or may foreseeably be used by enterprises covered by this Act shall:
(2) The Crown may require that the manufacturer or importer carry out tests or submit specimens for testing to determine how hazardous the substance is.
The Crown may prohibit the sale of any substance if the manufacturer or importer fails to discharge his obligation to report or mark the substance, or fails to provide additional information required pursuant to paragraph 18(1)(c).
(3) The Crown shall make further provisions relating to the obligations of manufacturers and importers under this section, including provisions concerning exemptions in cases in which importers use the imported substances in their own enterprise.
The Crown may direct that the provisions of this section shall apply wholly or in part to dealers, or that obligations pursuant to this section shall be imposed upon dealers rather than on manufacturers or importers.
The costs of tests required under this section shall be borne by the party under the obligation to carry out the test or submit the test specimen.
(4) Medicines and substances covered by Act No. 9 of 5 April 1963 relating to insecticides, etc., and foods covered by Act No. 3 of 19 May 1933 relating to supervision of foods, etc., shall be exempted from the provisions of this section regarding reports and marking.
Section 19. Any person wishing to construct buildings or perform building work that must be reported under the existing Building Act and that shall or may foreseeably be used by an enterprise covered by this Act shall be required to obtain prior consent from the Inspectorate of Labour.
The same shall apply if an existing enterprise wishes to effect such alteration of the premises, production processes, machinery etc. as will result in a substantial change of the working environment.
The Ministry shall make further rules relating to the extent of the obligation to obtain prior permission from the Inspectorate of Labour under this section, the information that may be required by the Inspectorate, and the conditions that may be imposed for granting such permission.
The Ministry may decide that prior permission is not necessary for particular
workplaces or buildings, or alterations of buildings, if this raises no
objections in relation to the working environment.
Section 20. Records of injuries and diseases. The employer shall ensure that all injuries occurring during the performance of work are registered. The same shall also apply to diseases believed to have been caused by the work or by conditions at the workplace.
The register must not contain medical information of a personal nature without the consent of the person to whom the information applies. The register shall be accessible to the Inspectorate of Labour, safety delegates, the working environment committee, and the safety and health personnel. In all other respects the employer shall observe secrecy regarding information in the register concerning personal matters.
The employer must keep statistical records of sick leave and of absence from work because of sick children, in accordance with more detailed guidelines from the National Insurance Administration (cf. third paragraph of section 18(2) of the National Insurance Act).
Section 21. Obligation of employers to report. If, as the result of an occupational accident, an employee loses his life or is seriously injured, the employer shall immediately, and by the quickest possible means, notify the Inspectorate of Labour and the nearest police authority. The employer shall confirm its notification in writing. The safety delegate shall receive a copy of the confirmation.
The Directorate of Labour Inspection may also require such notification to be given in other cases.
The Directorate of Labour Inspection may require that the employer report to the Inspectorate of Labour:
The Directorate of Labour Inspection shall make regulations on the extent and the implementation of the obligation to notify and report.
Section 22. Obligation of medical practitioners to report. Any medical practitioner who through his work gains knowledge of an employee suffering from an occupational injury of the same status as an occupational injury under section 11(4) of the National Insurance Act, or any other disease which the medical practitioner believes is due to the conditions of work of the employee shall report this in writing to the Inspectorate of Labour.
Subject to the consent of the employee concerned, the employer shall also be informed about the disease.
The Directorate shall make further rules relating to the obligation
to submit reports, including the obligation to report specified diseases
that may presumably be caused by the nature of the work or by conditions
at the workplace.
Section 23. Working environment committees. (1) Enterprises that regularly employ at least 50 employees shall have a working environment committee on which the employer, the employees and the safety and health personnel are represented.
Working environment committees shall also be formed in enterprises having between 20 and 50 employees when so required by any of the parties at the enterprise.
Where conditions of work so dictate, the Inspectorate of Labour may decide that enterprises having less than 50 employees shall establish a working environment committee.
The working environment committees may establish subcommittees.
(2) When a working environment committee is established, this shall be reported to the local labour inspection service. Notices shall be posted at the workplace giving the names of the persons who are members of the committee at any given time.
(3) The employer and the employees shall have an equal number of representatives on the committee. Representatives of the employer and of the employees shall be elected alternately as chairman of the committee. The representatives from the safety and health personnel on the committee have no vote in the committee. When votes are equally divided, the chairman shall have the casting vote.
(4) The Crown shall make further rules relating to the working environment committee, including its composition, election and terms of office.
The Crown may make rules to the effect that other bodies established for purposes of cooperation in the enterprises, subject to such further conditions as may be specified, may act as a working environment committee.
Section 24. Duties of working environment committees. (1) The working environment committee shall endeavour to establish a fully satisfactory working environment in the enterprise. The committee shall participate in planning safety and environmental activities and shall follow up developments closely in matters relating to the safety, health and welfare of the employees.
(2) The working environment committee shall consider:
The committee may also consider questions relating to work for occupationally disabled employees (cf. section 13).
(3) The committee shall study all reports relating to occupational diseases, occupational accidents and near accidents, seek to find the cause of the accident or disease, and ensure that the employer takes steps to prevent recurrences. As a general rule the committee shall have access to Inspectorate of Labour or police inquiry documents. When the committee considers it necessary, the committee may decide that inquiries shall be conducted by specialists or by a commission of inquiry appointed by the committee. Without undue delay the employer may submit such decisions to the Inspectorate of Labour for decision.
The committee shall study all reports relating to occupational health inspections and test results.
Before such reports as mentioned in the first and second paragraphs are considered by the committee, medical information of a personal nature shall be removed from the reports, unless the person to whom the information applies consents to its presentation to the committee.
(4) If the working environment committee considers it necessary in order to protect the life or health of employees, the committee may decide that the employer must take concrete measures to restore the working environment within the framework of the provisions contained in or made under this Act. To clarify whether a health hazard exists, the committee may decide that the employer must perform tests or investigations of the working environment. The committee shall fix a time-limit for giving effect to its decision. If the employer finds that it is unable to give effect to the decision, the matter shall be submitted without undue delay to the Inspectorate of Labour for decision.
(5) Each year the working environment committee shall submit a report on its activities to the administrative bodies of the enterprise, to employee organisations and to the Inspectorate of Labour. The Directorate of Labour Inspection shall make further rules on the contents and composition of the annual report.
(6) The Crown shall make further rules relating to the activities
of the committee including rules relating to procedures and on the duty
of secrecy for members of the committee.
Section 25. Safety delegates. (1) Safety delegates shall be elected at all enterprises covered by the Act. At enterprises having less than ten employees, the parties may agree in writing upon a different arrangement including not to have a safety delegate at the enterprise. Unless otherwise stipulated regarding the period of validity of the agreement, it shall be considered to apply for two years from the date of signature. The Directorate of Labour Inspection may, following a concrete evaluation of the conditions at the enterprise, decide that it shall nevertheless have a safety delegate. At enterprises having more than ten employees, more than one safety delegate may be elected.
(2) The number of safety delegates shall be determined according to the size of the enterprise, the nature of the work and working conditions in general. If enterprises consist of several separate departments or if employees work shifts, as a general rule at least one safety delegate for each department or each shift team shall be elected.
Each safety area shall be clearly delimited and shall not be larger than a safety delegate can fully supervise for the satisfactory discharge of his duties.
(3) Enterprises having more than one safety delegate shall have at least one senior safety delegate who shall be responsible for coordinating the activities of the safety delegates.
The senior safety delegate shall be elected from among the safety delegates or other persons who hold or have held offices in the enterprise.
(4) The employer shall notify the local labour inspection service when safety delegates have been elected. Notices giving the names of those acting as safety delegates at any given time shall be posted at the workplace.
(5) The Crown shall make further rules relating to the number
of safety delegates, their election, including the qualifications required
to vote and stand for election, the right of the local trade union to nominate
safety delegates, and the term of office of safety delegates.
Section 26. Duties of the safety delegates. (1) The safety delegate shall safeguard the interests of employees in matters relating to the working environment. Safety delegates shall ensure that the enterprise is so installed and maintained and that work is carried out in such a manner that account is taken of the safety, health and welfare of the employees in accordance with the provisions of this Act.
(2) In particular the safety delegate shall ensure:
(3) If a safety delegate learns of circumstances that may lead to an accident or present a health hazard, the safety delegate shall notify the employees at the place and, if he is unable to avert the danger himself, the safety delegate shall bring the matter to the attention of the employer or his representative. When so notified the employer shall give the safety delegate a reply. If no action has been taken within a reasonable space of time, the safety delegate shall notify the Inspectorate of Labour or the working environment committee.
(4) The safety delegate shall be consulted during the planning and effectuation of measures of significance for the working environment within the delegate's safety area, including implementation of internal control and establishment and maintenance of internal control systems (cf. section 16A).
The safety delegate shall be informed of all occupational diseases, occupational accidents and near accidents within his area, of occupational hygiene reports and tests, and of any faults or defects discovered.
(5) The safety delegate shall familiarize himself with existing safety rules, directives, orders and requests issued by the Inspectorate of Labour or the employer.
(6) The safety delegate shall participate in the inspection visits of the enterprise undertaken by the Inspectorate of Labour.
(7) The Crown shall make further rules relating to the activities
of the safety delegate, and to his duty of secrecy. Such rules may stipulate
that the safety delegate shall perform tasks allotted to the working environment
committee under section 24 when the enterprise has no such committee. Authority
to make decisions pursuant to subsection 4 above and to the third sentence
of the first paragraph of subsection 24(3), may not be vested in the safety
delegate.
Section 27. The safety delegates' right to halt dangerous work. If the safety delegate considers that the life or health of employees is in immediate danger and such danger cannot be averted by other means, work may be halted until the Inspectorate of Labour has decided whether work may be continued. Work may be halted only to the extent that the safety delegate considers necessary in order to avert danger.
The halting of work and the reason for this shall be reported without delay to the employer or his representative.
The safety delegate is not liable for any loss suffered by the enterprise as a result of work being halted under the provisions of the first paragraph.
Section 28. Special local or regional safety delegates and working environment committees. Within building and construction activities, for stevedoring work, and otherwise when special circumstances so necessitate, the Crown may decide that there shall be special local working environment committees or safety delegates. The tasks, rights and duties of these working environment committees and safety delegates may be such as those mentioned in sections 24, 26 and 27 in relation to all employees at the workplace.
The Crown may also decide that there shall be regional working environment committees or safety delegate arrangements covering several enterprises within one geographical area.
Rules made pursuant to this section shall contain special provisions relating to how committees or delegates are to be appointed, their duties, and distribution of the costs of their activities.
Section 29. Other provisions. (1) Costs associated with the activities of the safety delegates and the working environment committees shall be borne by the employer.
(2) The employer shall ensure that safety delegates and working environment committee members may receive the training necessary to enable them to perform their duties in a satisfactory manner.
Safety delegates and members of working environment committees are entitled to receive the necessary training at courses arranged by employee organizations.
Costs associated with such training shall be borne by the employer.
The Ministry shall make further rules as to the requirements for such training.
(3) Safety delegates and members of working environment committees shall be allowed the time necessary to perform their duties pursuant to sections 24 and 26 in a satisfactory manner. As a general rule these duties shall be performed within normal working hours. Where any such persons must leave their workplace, they shall notify their immediate superior in advance, or as soon as possible. Safety work that must be performed outside ordinary working hours under section 46 (cf. section 47) shall be remunerated as in the case of overtime work. This shall nevertheless not apply to employees who are exempted from the rules relating to hours of work under section 41.
(4) The employer shall ensure that holding office as safety delegate
or as a working environment committee member does not result in any loss
of income for the employee and does not in any other way impair his working
or employment conditions.
Section 30. Safety and health personnel. (1) When special supervision of the working environment or of the health of the employees is necessary, the enterprise shall have safety and health personnel.
(2) Safety and health personnel shall assist the employer,the employees, the working environment committee and the safety delegates in their work to create safe and sound working conditions. Safety and health personnel shall cooperate with and assist the Inspectorate of Labour.
(3) Safety and health personnel shall have a free and independent position as regards working environment matters.
(4) The Crown may make further rules relating to when and to what extent enterprises shall have safety and health personnel, what qualifications are to be required of them, and the duties they are to perform.
Section 31. Pregnancy and confinement. (1) Pregnant employees shall be entitled to leave of absence for up to 12 weeks during pregnancy.
A mother shall have leave of absence for the first six weeks following the birth of a child.
The Inspectorate of Labour may authorize exemptions from this rule when the mother produces a medical certificate indicating that it is better for her to resume work.
(2) In connection with the birth of a child the father shall be entitled to two weeks' leave of absence provided that he lives with the mother and spends the time taking care of family and home.
(3) Parents shall be entitled to further leave of absence during the first year of the child's life provided, however, that leave of absence pursuant to subsections (1) and (3) does not exceed a total of one year for both parents jointly.
Notwithstanding the provisions of the first paragraph the parents shall be entitled to leave of absence when the National Insurance provides maternity benefits.
(4) In addition to leave of absence under subsection (3), each of the parents is entitled to leave of absence for up to one year for each child. Leave of absence under this provision must be taken in connection with leave of absence under subsection (3).
The right to leave under the first paragraph does not apply when the employee takes advantage of the right to partial leave under section 31A. The right shall, however, nevertheless apply in the event that an agreement relating to partial leave of absence is terminated under subsection 31A(4).
(5) If the parents are living apart, the father's right pursuant to subsection (2) may be exercised by any other person who assists the mother during her pregnancy. If the child is not in the care of both parents, the right pursuant to subsection (3) may be exercised by any person taking care of the child instead of the parent. An employee who is solely responsible for the care of the child shall be entitled to leave of absence under subsection (4) for a period of up to two years.
(6) Any person exercising the right to leave of absence pursuant to subsection (1) shall notify the employer as soon as possible and not later than one week in advance when leave of absence shall last more than two weeks.
Any person exercising the right to leave of absence pursuant to subsection (2) shall notify the employer as soon as possible.
Any person exercising the right to leave of absence pursuant to subsection (3) shall notify the employer as soon as possible, and if leave of absence shall last more than 12 weeks, the employer must be notified no later than four weeks in advance.
Any person exercising the right to leave of absence under subsection (4), shall notify the employer as soon as possible, and no later than three months in advance.
Any employee who fails to comply with the periods of notice shall not be required to postpone leave of absence when such absence is necessary owing to circumstances unknown to the employee before expiry of the period, and the employer has been notified as soon as possible.
Disputes as to whether notice of leave of absence has been given in good time shall be settled by the Inspectorate of Labour.
(7) Pregnant employees shall be entitled to leave of absence with pay
for examinations in connection with the pregnancy when such examinations
cannot reasonably take place outside working hours.
Section 31A. Partial leave of absence. (1) Employees shall be entitled to partial leave of absence in combination with partial claim for maternity benefits or adoption benefits (cf. Chapter 3B of Act No. 12 of 17 June 1966). This right shall be based on agreement between employee and employer. The right to partial leave of absence shall be conditional upon the employee working more than half time.
Partial leave of absence may be taken as a reduction of working hours amounting to 90, 80, 75, 60 or 50 per cent of full time. This corresponds to partial claim for maternity benefits as either 10, 20, 25, 40 or 50 per cent of the chosen daily rate.
Employees who are not working full time can, in connection with time audit, reduce their working hours to those fractions of full time stated in the second paragraph. The fractional payment of maternity benefits shall correspond to the percentage of reduction of working hours.
Partial leave of absence in combination with partial claim for maternity benefits must take place within two years. The minimum period for partial leave of absence in combination with partial claim for maternity benefits shall be 12 weeks.
(2) Anyone wishing to take such leave of absence shall notify the employer as soon as possible, and no later than four weeks before full leave of absence is commenced.
Failing to comply with the time-limit for notification does not mean that the employee must postpone the leave of absence if such leave is required due to circumstances of which the employee had no knowledge when the time-limit expired, and notification is given as soon as possible.
Disputes as to whether due notice of leave of absence has been given shall be settled by the appeal board (cf. subsection 5).
(3) If an employee wishes to take the leave of absence referred to under subsection (1), an agreement shall be entered into in writing between the employee and the employer with regard to the duration, the percentage of partial leave of absence, and the manner in which the leave of absence shall be taken. Requests from the employee shall be met to the extent that they do not involve significant inconvenience for the enterprise.
Employees shall have the right to assistance from an elected representative or another adviser during the negotiations. The employer may similarly receive assistance from an adviser.
(4) The agreement may be altered or terminated when particular circumstances make such alteration or termination necessary.
(5) Disputes between the employee and the employer relating to leave of absence pursuant to this provision may be brought before an appeal board by the parties.
The appeal board shall have three members. The members together with their personal deputies shall be appointed by the Ministry.
The chairman of the appeal board shall be a person with particular insight into industrial disputes matters. The other two members shall be appointed according to suggestions from the Confederation of Norwegian Business and Industry and the Norwegian Federation of Trade Unions.
Representatives from the Ministry representing the interests of the state as employer and from the employers' associations outside the Confederation of Norwegian Business and Industry may be present at meetings of the appeal board to give their points of view in disputes within their particular wage agreement areas. Similarly representatives from employees' organizations outside the Norwegian Federation of Trade Unions may be present and give their points of view in disputes relating to their members.
The decision of the appeal board cannot be appealed against. The courts may reconsider the legality of the appeal board's decision.
The Ministry shall make further regulations relating to procedures and other activities of the appeal board.
Section 32. Adoption. (1) In cases of adoption the adoptive parents shall be entitled to leave of absence to care for the child for a total of up to one year when the child is under the age of 15. The adoptive parents shall, nevertheless, be entitled to leave of absence for more than one year when the National Insurance provides adoption benefits.
(2) The right pursuant to subsection (1) shall apply from the time the child enters into the care of the adoptive parents, though this may take place prior to the granting of an adoption licence.
(3) The rules of subsection (4), the third sentence of subsection (5) and subsection (6) of section 31 shall apply mutatis mutandis.
(4) Foster parents shall be entitled to leave of absence to care for the child pursuant to the rules of subsections (1) and (3) from the time the child enters into their care.
(5) This section shall not apply to adoption of stepchildren.
Section 33. Time off for breast-feeding. A nursing mother shall be entitled to request the amount of time off necessary for this purpose, at least 30 minutes twice daily, or to request that her working hours be reduced by up to one hour per day.
Section 33A. Right to leave of absence in the event of a child's or child-minder's illness. (1) Employees who have children in their care shall be entitled to leave of absence when necessary to attend to a sick child. The right to leave of absence shall apply up to and including the calendar year when the child reaches the age of 12. If the child is chronically ill or disabled and the illness or disability involves a marked increase of the risk that the parents may be absent from work, the right to leave of absence shall apply up to and including the calendar year when the child reaches the age of 16.
(2) The employee shall similarly be entitled to leave of absence when necessary to attend a child under 12 years of age, or 16 years in cases referred to under the third sentence of subsection (1), if the person responsible for daily supervision of the child is ill.
(3) Right to leave of absence under subsections (1) and (2) shall be limited in total to ten days per calendar year per employee, but to 15 days if the person in question has more than two children in his or her care. Employees who are responsible for nursing chronically ill or disabled children as referred to under subsection (1) shall be entitled to 20 days' leave of absence per calendar year.
(4) Employees who have sole responsibility for care of children shall be entitled to leave of absence as referred to above of up to 20 days per calendar year, but of up to 30 days if the person in question has more than two children in his or her care. If the employee has sole responsibility for children that are chronically ill or disabled, the person in question shall be entitled to up to 40 days' leave per calendar year. The same rules shall apply if there are two persons responsible and one of them is prevented for a long period of time from supervising the child(ren) owing to a personal disability, admission to a health institution as a long- term patient or similar circumstances.
(5) Employees who are responsible for care of children under 16 years of age who are suffering from a life threatening or other extremely serious illness or injury shall be entitled to leave of absence if the employee concerned must, out of regard for the child, stay at the health institution while the child is hospitalized there.
Employees who are responsible for care of mentally disabled children shall be entitled to similar leave of absence without regard to the age limit of 16 years.
(6) Employees who are responsible for the care of children who are chronically ill or disabled shall be entitled to leave of absence if they must take part in a course or other training programme at an approved health institution in order to be able to take care of and treat the child.
The same shall apply to participation in courses for parents at approved governmental competence-centres.
(7) The Ministry may issue further rules relating to the implementation
of this section.
Section 33B. Right to leave of absence for nursing relatives. Employees who nurse close relatives at home in the terminal stage of illness shall be entitled to 20 days' leave of absence to take care of the individual patient.
Section 33C. Right to leave of absence on the grounds
of public duties. An employee shall be entitled to leave
of absence from work to such extent as is required in order to comply with
statutory requirements to attend to public duties.
Section 34. Prohibition against child labour. Persons who are under the age of 15 or who pursuant to section 13 of the Act of 13 June 1969 No. 24 relating to basic schooling are required to attend school, shall not be employed for work covered by this Act except in the cases mentioned under section 35.
Section 35. Exceptions. Notwithstanding the provisions of section 34:
Section 36. Medical examination of young employees. In the case of work that places special demands upon the health or physical qualities of the employee, the Directorate of Inspectorate of Labour may decide that medical examination of employees under 18 years of age shall be performed and make further rules relating to the medical examination.
The costs of the medical examination shall be borne by the employer in so far as these are not covered by existing national insurance schemes.
Section 37. Prohibition against night work. Employees under the age of 18 shall have an off-duty period of at least 12 hours between two working periods. The off-duty period shall always include the period from 9 p.m. to 7 a.m. for employees under the age of 16, and the period from 11 p.m. to 6 a.m. for employees from 16 to 18 years of age.
When necessary for the vocational training of the employee, the Directorate of labour Inspection may allow persons aged 16 or more to be employed for work between the hours of 11 p.m. and 6 a.m. The permission shall stipulate the conditions considered necessary for the safety, health and development of the employee, including the condition that the off-duty period between two working periods shall be at least 13 hours.
Notwithstanding the provisions of the first and second paragraphs above, employees aged 16 or more may be employed for work during the period from 11 p.m. to 6 a.m. when, owing to natural occurrences, accidents or other unforseen events, night work is necessary in order to avert danger or injury to life or property, when it is strictly necessary to use this young employee for such work
The Ministry may decide that the rules of this section shall not apply to certain types of work
Section 38. Hours of work of children and young persons. Hours of work for children and young persons shall be arranged so as not to prevent school attendance necessary for their education, or prevent them from benefiting from teaching (cf. section 15 of Act No. 24 of 13 June 1969 relating to basic schooling).
Calculated as an average, hours of work for employees under the age of 18 must not exceed nine hours per day or 48 hours per week unless special permission is obtained from the Directorate of Labour Inspection.
Employees under the age of 18 must not be employed for overtime work.
Section 39. Annual holidays for school pupils. Persons under the age of 18 who attend school shall have at least four weeks' holiday per year, including at least two weeks during the summer holidays.
Section 40. List of children and young persons. The
Ministry may direct that employers keep a list of the children and young
people in their employ. Such lists shall be available to the Inspectorate
of Labour.
Section 41. Work not covered by the provisions governing hours of work. This Chapter shall not apply to:
The exception under paragraph (a) shall not be applicable in relation to the provisions contained in section 46A.
Disputes as to whether work is covered by paragraphs (a) to (f) of the first paragraph shall be settled by the Inspectorate of Labour.
When the work is of such a special nature that it cannot be adapted to the provisions of this Chapter, the Directorate of Labour Inspection may permit hours of work to be arranged in a different manner. When considering whether to grant such permission, importance shall be attached to whether the hours of work arrangement that is established will secure for the employees an equally satisfactory standard of safety and welfare as the provisions of this Chapter.
Trade unions entitled to submit recommendations pursuant to section 11, subsection 11(1) of Act No. 1 of 5 May 1927 relating to labour disputes, or the first paragraph of subsection 25(2) of Act No. 2 of 18 July 1958 relating to public service disputes, may conclude wage agreements relating to arrangement of ordinary hours of work, notwithstanding the rules contained in this Chapter with regard to the duration and time structure of hours of work.
An employer who is bound by a wage agreement referred to in the preceding paragraph may make the provisions of the agreement with regard to hours of work applicable to all employees who perform work of such a nature stipulated in the agreement, provided that the agreement is binding for a majority of employees. If only a minority is bound by the agreement, the approval of the Directorate of Labour Inspection shall be required.
Use of extended overtime work under the fifth or sixth paragraphs may only be agreed to in respect of employees who in each individual case have agreed to such extended overtime work, and when the conditions of section 49 have been complied with.
Section 42. Night work. Work between the hours of 9 p.m. and 6 a.m. is night work and must not be performed in cases other than those mentioned in this and the following section. The employer shall consult in advance with the elected representatives of the employees as to whether such night work is necessary.
Permissible night work is:
Disputes as to whether the work is permissible night work shall be settled by the Inspectorate of Labour.
Section 43. Night work by special permission or agreement. (1) Night work by agreement with elected representatives. At enterprises bound by wage agreements the employer may conclude a written agreement with the elected representatives of the employees concerning performance of night work for a total period of time up to six months in the course of one year:
If the agreement is binding upon the majority of employees, the employer may make it applicable to all employees in the enterprise who perform work of the type covered by the agreement.
(2) Night work by permission of the Inspectorate of Labour. In cases referred to in paragraphs (a) to (e) above of subsection (1) above, night work may be permitted by the Inspectorate of Labour.
Use of night work shall be discussed with the elected representatives of the employees before such permission is granted. Records of these discussions shall accompany the application. When making its decision the Inspectorate of Labour shall attach particular importance to the health and welfare of the employees.
In the case of work referred to in paragraphs (b), (c) or (e) of subsection (1) above, and when it is particularly important that night work be commenced immediately, the employer may commence night work for a period of up to 4 days without awaiting the Inspectorate of Labour's decision.
Section 44. Work on Sundays and public holidays. No work shall be performed from 6 p.m. on the day preceding a Sunday or public holiday until 10 p.m. of the evening preceding the next working day. On Christmas Eve, and on the Saturdays preceding Easter Sunday and Whit Sunday, no work shall be performed from 3 p.m. until 10 p.m. of the evening preceding the next working day. Work within the time periods specified shall be regarded as work on Sundays and public holidays and must not be carried out in other cases than those mentioned in this and the following section. The employer shall consult in advance with the elected representatives of the employees as to whether working on Sundays and public holidays is necessary.
The following work is permitted on Sundays and public holidays:
Disputes as to whether work is permitted on Sundays or public holidays shall be settled by the Inspectorate of Labour.
Section 45. Work on Sundays and public holidays by special permission or agreement. (1) Work on Sundays and public holidays by agreement with elected representatives. At enterprises bound by wage agreements the employer may conclude a written agreement with the elected representatives of the employees concerning work on one Sunday or public holiday in the enterprise for a total of up to eight Sundays and public holidays in the course of the calendar year:
If the agreement is binding upon the majority of the employees, the employer may make it applicable to all employees in the enterprise who perform work of the type covered by the agreement.
(2) Work on Sundays and public holidays by permission of the Inspectorate of Labour. In those cases that are mentioned in paragraphs (a) to (e) of subsection (1), the Inspectorate of Labour may allow work on Sundays and public holidays to be carried out. When making its decision the Inspectorate of Labour shall attach particular importance to the health and welfare of the employees.
Permission for work on Sundays and public holidays does not apply to the time from 3 p.m. on Christmas Eve and on Saturdays preceding Easter Sunday and Whit Sunday until 10 p.m. of the evening preceding the next working day, or to the time from 6 p.m. on the Wednesday preceding Maundy Thursday until 10 p.m. on Good Friday, unless this is specifically stated in the permission.
Before permission is granted, work on Sundays and public holidays shall be discussed with the elected representatives of the employees. Records of the discussions shall accompany the application.
(3) Work on Sundays and public holidays by agreement with the individual
employee in special cases. The employer may conclude written agreements
with employees concerning work on Sundays and public holidays in cases
other than those mentioned in this and the preceding section, allowing
the employee corresponding time off on the days that are equivalent to
Sundays and public holidays in accordance with the employee's religion.
Such agreements may also be concluded notwithstanding the provisions of
subsection 51(3).
Section 45A. Extended opportunity to engage in night work and work on Sundays and public holidays by agreement with trade unions entitled to submit recommendations (Repealed).
Section 46. Length of normal hours of work. (1) Definition of hours of work and rest periods. "Hours of work" means time when the employee is at the disposal of the employer. "Rest periods" means time when the employee is not at the disposal of the employer. Rest breaks shall be regarded as working time when the employee is not free to leave the workplace during the break.
(2) Forty-hour week. In the case of work not covered by subsections (3) and (4) below, normal hours of work shall not exceed nine hours per day and 40 hours per week.
(3) Thirty-eight hour week. Ordinary hours of work shall not exceed nine hours per day and 38 hours per week in the case of:
Disputes concerning the length of normal hours of work under the first paragraph shall be settled by the Inspectorate of Labour.
(4) Thirty-six hour week. Ordinary hours of work shall not exceed nine hours per day and 36 hours per week in the case of:
Disputes concerning the length of normal hours of work in accordance with the first paragraph shall be settled by the Inspectorate of Labour.
(5) Extension of hours of work for standby duties, etc. In cases where the work wholly or mainly consists of the employee having to stay at the workplace to perform duties if required, hours of work may be extended by up to one-half of the periods of inactivity, but not by more than two hours per day and ten hours per week.
(6) Extension of hours of work for passive duties. In the case of work where, except for short or occasional intermittent periods, the employee is exempted from work and the duty of attentiveness, the Inspectorate of Labour may consent to daily and weekly hours of work being extended beyond those stipulated in subsection (5).
(7) Extension of hours of work for preparatory and finishing work. When normal operations cannot take place unless certain employees begin their work before or finish their work after other employees, the normal hours of work of such employees may be extended by up to half an hour per day.
(8) Work periods which exceed the dividing point between two full days. If a work period extends into the following day it shall, in relation to the provisions of subsection (2) to subsection (6) of this section and to the provisions of section 50, be regarded as one work period and must not exceed the limits on hours of work permitted in a single day.
(9) Special provisions as to workers on call. Where an employee is required to remain at home in order to perform work if required, at least one-fifth of the time spent at home shall as a general rule be included in the normal hours of work. At enterprises where employees are bound by wage agreements, the employer and the elected representatives of the employees may conclude an agreement whereby a smaller proportion of the time spent on call is to be included in the normal hours of work, or whereby such time is not to be so included.
If no agreement pursuant to the second paragraph above has been concluded and calculation of hours of work according to the first paragraph clearly appears unreasonable, the Inspectorate of Labour may stipulate a different method of calculation upon the request of the employer or the elected representatives of the employees.
When particularly required out of consideration for the interests of the community, the Ministry may decide that the rule of the first paragraph shall not be applicable to certain groups of employees.
(10) Exception from the rules regulating the length of ordinary hours of work in certain cases. The Inspectorate of Labour may provide exemptions from regulations contained in this section for employees who on a voluntary basis take on work of a social nature in addition to their ordinary work for the same employer.
(11) Agreements concerning other working hours than those laid down
by the Act. Trade unions entitled to submit recommendations pursuant
to subsection 11(1) of Act No. 1 of 5 May 1927 relating to labour disputes,
item 2 of the first paragraph of section 25 of Act No. 2 of 18 July 1958
relating to public service disputes may conclude wage agreements concerning
systems of normal hours of work, notwithstanding the restrictions imposed
regarding the length of working hours stipulated in subsections (1) to
(9) above. Subject to approval by the Ministry, an employer whose enterprise
is covered by a wage agreement referred to above may make the provisions
of the agreement relating to hours of work applicable to all employees
who perform work of the nature covered by the agreement.
Section 46A. Right to reduction of hours of work. (1) Employees who for reasons of health, social or other material welfare reasons need to have their normal hours of work reduced shall have this right if the reduction of hours of work can be arranged without particular inconvenience to the enterprise. The reduction of hours of work may be taken as rest periods.
(2) Employees who wish to work reduced hours shall notify the employer in writing as soon as possible and no later than four weeks in advance. The notification shall state the hours of work arrangement desired, the reasons for applying for reduced hours of work, and the desired period of time for the arrangement. Applications for reduced hours of work may be for up to two years at a time.
(3) Before the employer makes its decision, the matter shall be discussed with the elected representatives of the employees unless the employer itself is opposed to this. Likewise employees shall be entitled to engage the assistance of an elected representative or other adviser during the negotiations. Similarly the employer may engage the assistance of an adviser.
(4) It is the duty of employees to inform the employer and resume full hours of work when the circumstances upon which the reduction of hours of work were based no longer prevail. When the agreed period of reduced hours of work is over, the employee shall have the right to return to the previous hours of work arrangement.
(5) Other conditions being equal, employees working reduced hours shall have a preferential right to increase their hours of work in the event of a vacancy in the enterprise. The condition for an employee having such a right shall be that wholly or essentially the same work tasks are assigned for the position.
(6) Disputes as to whether the conditions justifying a right to reduced hours of work or rest periods exist shall be settled by the Inspectorate of Labour. The Inspectorate of Labour may also make decisions with regard to the extent of the reduction, how the arrangement is to be implemented and its duration.
(7) The right to reduced hours of work dealt with in this section shall
not apply to military personnel.
Section 47. Averaging hours of work. (1) Averaging by written agreement. By written agreement, normal hours of work may be arranged so that on an average, over a period not exceeding one year, hours of work shall be as long as prescribed by section 46, but not exceeding 48 hours in any one week. Daily hours of work must not exceed nine hours. Within agriculture, an agreement on averaging hours of work may be entered into orally, provided that none of the parties demands a written agreement.
The agreement shall stipulate or provide a basis for the employees to calculate which weeks of the year will have longer or shorter hours of work than mentioned in section 46, unless this is to be decided by the individual employee (flexible hours of work, etc.).
(2) Averaging by agreement with workers' elected representatives. At enterprises bound by wage agreements, the employer and the elected representatives of the employees may enter into a written agreement to the effect that hours of work shall be arranged so that the hours of work during a period not exceeding one year on the average are as many as prescribed by section 46, but not exceeding 54 hours in any one week and not exceeding ten hours on any one day, in the following cases:
At enterprises covered by paragraph (a) of subsection (4) of section 46, the agreement may provide that work be done in two shifts with an intermediate free shift during the 24 hours of Sundays.
The agreement shall specify or provide a basis for the employees to calculate which weeks of the year will have longer or shorter hours of work than those referred to in section 46, unless this is to be decided by the individual employee (flexible hours of work).
If the agreement is binding upon the majority of employees, the employer may make it applicable to all employees in the enterprise who perform work of the nature covered by the agreement.
(3) Averaging hours of work by permission of the Inspectorate of Labour. In the cases mentioned in paragraphs (a) to (d) of subsection (2), the Inspectorate of Labour may consent to hours of work that, on an average over a period not exceeding one year, are as prescribed by section 46, notwithstanding the daily and weekly hours of work limits.
The system of hours of work shall be discussed with the elected representatives of the employees before the Inspectorate of Labour makes its decision. Records from the discussions shall accompany the application. When making its decision the Inspectorate of Labour shall attach particular importance to the health and welfare of the employees.
(4) Employees engaged for a specified duration. With regard to
employees engaged for a given period of time or for one season, the period
for which average hours of work shall be calculated must not be longer
than the period of employment.
Section 48. Work schedule. If work is performed at different times of the day, a work schedule shall be drawn up showing the working and off-duty hours of each employee. The work schedule shall be drawn up in cooperation with the organizations of the employees or their elected representatives. When the work schedule is drawn up or altered, particular emphasis shall be placed on considerations for the health and safety of the employees at their workplace.
Unless otherwise stipulated by a wage agreement, the work schedule shall be discussed with the elected representatives of the employees as early as possible and no later than two weeks before the work schedule takes effect.
The hours of work stipulated by the work schedule must be in conformity with the other provisions of this Chapter.
If hours of work are arranged so as to require the permission of the Inspectorate of Labour, a draft work schedule shall accompany the application.
The work schedule shall be posted at the workplace.
Section 49. Overtime and additional work. (1) Conditions for recourse to overtime work. If any employee works longer than the normal hours of work under section 46 (cf. section 47), the excess shall be regarded as overtime.
With regard to employees working reduced hours (cf. section 46A) or who are employed on a part-time basis, hours of work in excess of the number of hours agreed upon, but within the ordinary hours of work, shall be regarded as additional work.
Before overtime work and additional work shall take effect, the employer shall, if possible, discuss whether such work is necessary with the elected representatives of the employees.
Overtime work and additional work must not be established as a regular system and must not be performed except in the following special cases:
(2) Right to be exempted from overtime and additional work. The employer shall excuse employees from overtime work and additional work when so requested by the employee on health grounds or for other valid personal reasons. The employer shall also excuse any employee who requests this for other personal reasons, when the work can be postponed or performed by others without detriment to the employer.
(3) Overtime pay. Employees shall receive extra pay in addition to that which they receive for corresponding work during normal hours of work.
The extra pay shall be at least 40 per cent.
Section 50. Length of overtime work. (1) General rule. The employer shall seek to distribute overtime so as to avoid placing too great a strain upon the individual employee.
Overtime work must not, together with normal hours of work, result in any employee working for more than a total of 14 hours in any 24-hour period. Overtime shall not exceed ten hours in any one week and shall not exceed 25 hours during four consecutive weeks, or 200 hours in the calendar year. When there is a particularly heavy workload within agriculture, an agreement may be made to extend weekly overtime, although not in excess of 15 hours per week.
(2) Extended overtime by agreement with the workers' elected representatives. In enterprises bound by a wage agreement the employer and the elected representatives of the employees may conclude a written agreement applicable to a period of up to three months stipulating overtime work for up to 15 hours per week, provided that the total overtime worked does not exceed 40 hours in the course of four consecutive weeks. Total hours of work must not exceed 16 hours in one single day (i.e. 24-hour period). The overtime work total must not exceed 300 hours in the course of one calendar year for each individual employee.
If the agreement is binding upon a majority of the employees, the employer may make it applicable to all employees in the enterprise who perform work of the type covered by the agreement.
Extended overtime by agreement with the elected representatives may only be imposed on employees who in each individual case have agreed to such work.
(3) Extended overtime by permission of the Inspectorate of Labour. In special cases the Inspectorate of Labour may permit overtime for up to 20 hours per week, and overtime amounting to more than 200 hours in the calendar year.
Before such consent is given, the question of working overtime in excess of the general frame work of the Act shall be discussed with the elected representatives of the employees. Records of the discussions shall accompany the application. If the enterprise puts forward an application for overtime within the limits of subsection (2) of this section, the reason why the matter has not been settled by agreement with the elected representatives shall always be stated. When making its decision the Inspectorate of Labour shall attach particular importance to the health and welfare of the employees.
Section 51. Rest breaks and rest periods. (1) Rest breaks. When hours of work exceed five and a half hours per day, there shall be at least one rest break during work. The break shall be stipulated by written agreement between the employer and the employees or their elected representatives, provided that the breaks total at least half an hour when hours of work are eight hours or more per day. If the parties fail to reach agreement, the matter shall be settled by the Inspectorate of Labour. When necessary to protect the health of employees, the Inspectorate of Labour may order a system different from that agreed upon between the parties.
Unless operations in the workrooms stop completely during breaks, employees shall not remain in the workrooms. When conditions so necessitate, the break may be postponed, but shall then be taken at the first opportunity.
When the nature of the enterprise renders this necessary, instead of granting a rest break as referred to in the first paragraph of this section, the employer may allow employees to take their meals during breaks while work is in progress, and in such a way that they are required to stay at the workplace the entire time if necessary. In such cases, and in cases where no satisfactory canteen or rest-room is provided, the break shall be regarded as part of the hours of work.
Disputes concerning the employer's right to apply the provisions of the preceding paragraph shall be settled by the Inspectorate of Labour.
When employees are required to work overtime for more than two hours after completing ordinary hours of work, they shall first be allowed a break of at least half an hour. When circumstances render this necessary, this break may be shortened or postponed. Breaks which occur after the end of ordinary hours of work shall be subject to remuneration as overtime but shall not be included in the number of hours of permitted overtime under section 50. If the break occurs before the end of normal hours of work, it shall be regarded as part of ordinary hours of work.
(2) Daily rest period. Hours of work must be arranged so that employees have a continuous rest period of at least ten hours between two working periods. It may nevertheless be verbally agreed with the individual employee that work assignments of short duration may be performed during the rest period when a risk of serious disturbance to operations occurs suddenly.
At enterprises bound by a wage agreement, the employer and the elected representatives of the employees may conclude a written agreement that overtime work may take place during the rest period when this is necessary in order to avoid serious disturbances to operations. At enterprises that are not bound by a wage agreement, the employer and the representatives of the employees may conclude a written agreement on the same terms to the effect that overtime may take place in the rest period. At enterprises within agriculture that are not bound by wage agreement, such an agreement may be made orally, provided that none of the parties demands a written agreement.
If it is necessary in order to ensure that services are provided in a suitable manner, and the enterprise is bound by a wage agreement, the employer and the elected representatives of the employees may conclude a written agreement that the rest period between two working periods shall be reduced to under ten hours, but not to less than eight hours.
In special cases the Inspectorate of Labour may consent to a shortening of the rest period.
(3) Weekly rest periods. Ordinary hours of work for employees shall be assigned so that each week has a continuous rest period of at least 36 hours and that one full 24-hour day (cf. first paragraph of section 54) is invariably included in it. Whenever possible the rest period shall be on a Sunday or public holiday and shall be given at the same time to all employees at the enterprise.
At enterprises which are bound by a wage agreement, the employer and the elected representatives of the employees may agree that this rest period shall on the average be 36 hours, but never shorter than 28 hours in any single week. The period for which rest period is calculated shall correspond to the average period of hours of work calculated according to section 47.
At enterprises not bound by a wage agreement, the Inspectorate of Labour may permit a corresponding calculation of average rest periods as in the previous paragraph. Before permission is given, the organization of the rest period shall be discussed with the representatives of the employees. A record of the discussions shall accompany the application. In its decision the Inspectorate of Labour shall pay due regard to the health and welfare of the employees.
An employee who has worked on a Sunday or public holiday shall be allowed the following Sunday or public holiday off as required under the first paragraph of section 44. When circumstances render it particularly necessary, the Inspectorate of Labour may permit modifications of this requirement. If there are two or more successive Sundays and public holidays, 10 p.m. shall be considered the dividing point between these days.
At enterprises which are bound by a wage agreement, the employer and the elected representatives of the employees may, for a period of up to six months, agree on an hours of work arrangement which ensures that the employees will be off on average every other Sunday and public holiday, provided that during at least every third week the weekly day off shall be a Sunday or a public holiday.
In the case of work in hotel and catering establishments or work performed without interruption throughout the week, the work schedule may stipulate a different distribution of the days than mentioned in the fourth paragraph, provided that at least every third week the weekly day off shall be a Sunday or public holiday.
Section 52. Wage lists. Wage lists shall be kept showing the number of hours overtime per week and per calendar year of each employee. The Inspectorate of Labour and the elected union representatives shall have access to these lists. Lists showing the number of hours overtime per day may be required by the Inspectorate of Labour or the elected representatives.
Section 53. Exceptions from the provisions relating to hours of work. Work that owing to natural occurrences, accidents or other unforeseen events must be performed in order to avert danger to life or property, may be performed at any time of the day or night and on Sundays and public holidays, notwithstanding the provisions of the first paragraph of section 42 and of the first paragraph of section 44. Such work may also be performed during rest breaks and during daily and weekly rest time, notwithstanding the provisions of section 51. The restrictions of subsection 50(1) shall not apply for the first four days.
Section 54. Definition of "day" and "week". For the purpose of this Act, "day" means the time between midnight on two successive days, and "week" means the time between midnight on two successive Sundays.
A different hour may be used as the beginning of the day and week if
provision to that effect is made by wage agreement or some other basis
that cannot be altered unilaterally by one of the parties to the employment
relationship.
Section 55. (1) Method of payment. Wages and vacation pay shall be paid in cash unless payment through wage account, cheque or giro has been agreed upon. Payment shall take place at or near the workplace during hours of work or as soon as possible after the end of hours of work. Employers bound by wage agreement or other agreed provision concerning method of payment of wages and vacation pay may apply this to all employees at the enterprise if a majority of them are bound by the agreement.
(2) Time of payment. When hourly, daily or weekly wages are agreed upon, payment shall take place at least once a week. Payment for piece work may be postponed until the work is completed, provided that payment of a suitable advance for the work done is effected each week. Other terms of payment may be stipulated by agreement.
Payments to employees receiving a monthly or yearly salary shall take place at least twice a month if otherwise not agreed upon.
The time of payment of vacation pay shall be governed by section 11 of the Holiday Act.
(3) Prohibition of deductions in wages and vacation pay allowance. Deduction in wages and vacation pay cannot take place except in the case of:
Deductions in wages or vacation pay under paragraphs (e) and (f) shall be limited to that part of the wage that exceeds the amount reasonably needed by the employee to support himself and his household.
(4) Consultations. Before effecting deductions in accordance with paragraph (e) of subsection (3), the employer shall consult the employee and his elected representatives or two representatives chosen by the employees with regard to the basis for and the amount of deduction.
(5) Statement of account. At the time of payment or immediately thereafter, the employee shall receive a written statement of the method used for calculating the wages, the basis on which the vacation pay is calculated, and any deductions made.
Section 55A. Recruitment. The employer may not, when advertising for new employees or in any other way, demand that applicants supply information concerning their political, religious or cultural views or their membership in any labour organizations. Neither may the employer effect measures to obtain such information by other means. These provisions are not applicable if such information is justified by the nature of the position or if the objective of the activity of the employer in question includes promotion of particular political, religious or cultural views and the position is essential for the fulfilment of the objective. In the event that such information will be required, this must be stated when advertising the position.
Section 55B. Contract of employment. All employment of total duration exceeding one month shall be subject to a written contract of employment. The contract of employment shall be entered into no later than one month after commencement of employment.
In respect of contracts of employment relating to hired labour, a written contract of employment shall be entered into at once, even if the duration of the assignment does not exceed one month.
The Crown may decide to what extent the requirement for a written contract of employment shall apply to employment that in total does not exceed one month.
Section 55C. Contents of the contract of employment. The contract of employment (cf. section 55B), shall at least contain the following:
The information mentioned in paragraphs (f), (g), (h) and (i) above may be given in the form of a reference to acts, regulations and/or wage agreements regulating these matters.
Section 55D. Employees stationed abroad. If an employee is to work in other countries for a period exceeding one month, a written contract of employment as referred to in section 55B shall be entered into before departure. In addition to information referred to in section 55C, the agreement shall at least contain:
The information mentioned in paragraphs (b) and (c) above may be given in the form of a reference to acts, regulations and/or wage agreements regulating these matters.
Section 55E. Alterations in the employment. Alterations in the employment referred to in sections 55C and D shall be reflected in the contract of employment as early as possible and at the latest one month after the alteration has taken effect. This shall not apply if the alterations in the employment are the result of amendments of acts, regulations or wage agreements as referred to in the second paragraph of section 55C and the second paragraph of section 55D.
Section 55F. Transitional provision. With regard to employment existing at the time of entry into force of sections 55B to E, a written contract of employment as referred to in section 55B shall be entered into as early as possible and no later than one month after the request for such a contract has been received.
Section 56. Scope of provisions as to notice of termination. The Crown shall decide whether and to what extent the following provisions of this Chapter shall apply to employees who are covered by Act No. 3 of 4 March 1983 relating to public servants, etc., or who are senior public servants.
The provisions of this Chapter shall not apply to notice of termination pursuant to section 29 of Act No. 1 of 5 May 1927 relating to labour disputes or pursuant to section 22 of Act No. 2 of 18 July 1958 relating to public service disputes. Irrespective of the employee's period of employment, the period of notice given in accordance with the Labour Disputes Act shall be 14 days where not otherwise provided by written agreement or by wage agreement.
Section 56A. Information in the event of collective redundancies. (1) Collective redundancies shall be understood to mean notice of termination given to at least ten employees within a period of 30 days, without being warranted by reasons related to the individual employees. Other forms of termination of contracts of employment which are not warranted by reasons related to the individual employee shall be included in the calculation provided that at least five persons are made redundant.
(2) An employer who is considering collective redundancies shall as early as possible enter into consultations with the elected representatives of the employers with a view to arriving at an agreement to avoid collective redundancies or to reduce the number of persons affected. If redundancies cannot be avoided, efforts shall be made to seek to mitigate their adverse effects. The consultations shall include possible social welfare measures with a view, inter alia, to giving support to relocating or retraining the persons made redundant. The representatives of the employees shall have the right to receive expert assistance.
(3) Employers shall be required to give all relevant information to the elected representatives of the employees, including written notification of the grounds on which possible redundancies are based, the number of employees who may be affected, the work groups to which they belong, the number of employees normally employed, what categories of employees are normally employed and the period of time during which such redundancies may be effected. The written notification shall also contain criteria for selection of those who may be made redundant, and criteria for calculation of extraordinary severance pay if applicable. Such notification shall be given as early as possible, and at the latest at the same time as the employer calls a consultation meeting.
(4) Copy of the notification under subsection (3) shall be forwarded to the Employment Service Division (cf. section 14 of the Employment Act).
(5) The elected representatives of the employees may give their comments regarding the notification directly to the Employment Service Division.
(6) Projected collective redundancies shall not come into effect earlier than 30 days after the Employment Service Division has been notified. If this is required in order to secure an agreement, the Employment Service Division may prolong the period stated in the first sentence by up to 30 days. If the Employment Service Division alters this time period, notification in writing of such alteration shall be given to the employer. No prolongation can take place in the event that an enterprise is liquidated by the Court.
(7) The Employment Service Division shall use the time period under
the first or second sentence of subsection (6) to find solutions to the
problems raised by the projected redundancies. The Ministry may make further
rules relating to how the right to postpone redundancies shall be exercised
and the Employment Service Division's role in the event of postponement.
The employer shall have the duty to commence consultations even if the
projected redundancies are caused by someone other than the employer that
has superior authority over the employer, e.g. the management of a group
of companies.
Section 57. Form, service and contents of notice of termination. (1) Notice of termination shall be given in writing.
Before making a decision concerning notice of termination, the employer shall, to the extent that it is practically possible, discuss the matter with the employee and the elected representative of the employees unless this is not wanted by the employee.
(2) Notice given by an employer shall be delivered to the employee in person or be forwarded by registered mail to the address given by the employee. Notice will be considered to have been given at the time it is delivered to the employee.
The notice shall contain information concerning the employees' right to request negotiations and institute legal proceedings and to remain in their position under the provisions of section 61, and the time-limits applicable for requesting negotiations or instituting legal proceedings and remaining in their position. If the notice is motivated by lack of work, it must also contain information about the preferential claim to new employment under section 67. The notice shall also contain information as to who is the employer and the appropriate defendant in the event of legal proceedings.
If notice from the employer is not given in writing or does not contain the information mentioned in the preceding paragraph, no time-limit for instituting legal proceedings shall apply. If legal proceedings are instituted by the employee within four months from the time when the notice is given, the notice shall be adjudged invalid, unless special circumstances make this obviously unreasonable.
If the notice is invalid, the employee may claim compensation. The same applies if the notice is inadequate, but the employee does not demand a court ruling of invalidity. The compensation shall be specified in the amount that the court deems reasonable, in view of the financial loss, the circumstances of the employer and the employee and other circumstances.
(3) If the employee so demands, the employer shall state the reasons
claimed as grounds for the notice. The employee may demand that such information
be given in writing.
Section 58. Periods of notice. (1) Unless otherwise agreed in writing or stipulated by a wage agreement, a period of one month's notice shall be applicable to either party. Prior to notice being given, an agreement on a shorter period of notice may only be concluded between the employer and the employee's selected representative at enterprises which are bound by a wage agreement.
(2) In the case of employees who, when notice is given, have been in the employ of the same enterprise for at least five consecutive years, at least two months' notice shall be given by either party. If the employee has been in the employ of the same enterprise for at least ten consecutive years, at least three months' notice shall be given by either party.
(3) If an employee is given notice after at least 10 consecutive years' employment with the same enterprise, the period of notice shall be at least four months when given after the employee is 50 years of age, at least five months after the age of 55, and at least six months after the age of 60. The employee may terminate his employment contract by giving at least three months' notice.
(4) The periods of notice stipulated in subsections (1) to (3) above shall be counted from and including the first day of the month following that in which notice was given.
(5) The continuous employment required in subsections (2) and (3) of this section shall not be interrupted by a temporary cessation of contract attributable to termination on the grounds of lawful industrial actions, but the period for which the employee is absent shall not be included unless otherwise agreed when the labour dispute was settled.
In the calculation of the period of employment under this section, account shall be taken of any period during which the employee has been employed in another enterprise in a group of companies to which the employer belongs or within any other group of enterprises with which it is connected through common ownership interests or joint management in such a way that it is natural to regard the employment as being continuous. If the enterprise or part of it has been transferred to or leased by a new employer, the period during which the employee has been employed with the previous employer or in an enterprise within a group of companies or group of enterprises to which the previous employer belonged shall be included.
(6) In the case of written employment contracts under which the employee is engaged for a given trial period, 14 days' notice shall be given by either party unless otherwise agreed in writing or in a wage agreement.
(7) The periods of notice required under subsections (2) and (3) may not legally be set aside by the parties in wage or other agreements prior to notice having been given, nor may the parties decide that the notice to be given by an employee shall be longer than that to be given by an employer.
(8) An employee who has been laid off without pay in connection with a reduction or suspension of operations may resign by giving 14 days' notice counted from the date on which the notice is received by the employer. This shall apply regardless of the period of notice under this Act or an agreement.
Section 58A. Temporary recruitment. (1) Contracts of employment applicable for a given period of time or for given work of a temporary nature shall be in writing and may only be legally concluded:
(2) Temporary contracts of employment shall terminate when the agreed time period expires, or when the given work is completed, unless otherwise agreed in writing or stipulated by a wage agreement.
(3) An employee who has been employed for more than one year shall be entitled to written notification about the time of termination at the latest one month prior to withdrawal. This shall however not apply to a person participating in a labour market scheme under paragraph (c) of subsection (1). Such notification shall be delivered to the employee in person or shall be sent by registered mail to the employee's stated address. The notification shall be deemed to have been given when delivered to the employee. Failure to give notification shall mean that the employer cannot require the employee to withdraw until one month after notification has been given.
(4) In the event of a dispute over whether a lawful temporary recruitment
exists, sections 61 and 62 shall apply correspondingly. The time periods
within which negotiations must be demanded and legal proceedings instituted
shall be calculated from the relevant time of withdrawal. The right to
remain in the position (cf. subsection 6l(4)), does not apply to temporary
employment. The court may nevertheless decide, if so requested by the employee,
that a person employed on a temporary basis may continue in his position
until a legally binding decision has been reached.
Section 59. Notice of termination in the event of unforeseeable occurrences. (1) If operations must be suspended wholly or in part owing to accidents, natural occurrences or other unforeseeable events and as a result employees are laid off, the period of notice for laying off employees engaged in the work which must be suspended or may be reduced to 14 days reckoned from the date of the occurrence. If the period of notice in force is less than that stated above, this shall apply.
(2) The period of notice may not be reduced under the preceding paragraph by reason of the employer's death or bankruptcy, nor by suspension of work because the workrooms, machinery, tools, materials or other equipment provided by the employer cannot be used, unless the stoppage occurs through the employee's own fault.
Section 60. Protection against unwarranted notice of termination. (1) Employees may not be given notice unless this is warranted by circumstances connected with the enterprise,the employer or the employee.
(2) Notice because of reduced operations or rationalization measures shall not be warranted if the employer has other suitable work to offer the employee in the enterprise. When deciding whether reduced operations or rationalization measures warrant any lay-offs, the needs of the enterprise shall be weighed against the inconvenience such lay-offs involve for the individual employee.
A notice of dismissal resulting from an employer's actual or planned contracting out of the ordinary operations of the enterprise to a third party shall not be warranted unless it is absolutely necessary in order to maintain continued operations of the enterprise.
(3) Notice of termination of employment involving an employee's departure before the age of 70 solely because the employee has reached retirement age pursuant to Act No. 12 of 17 June 1966 relating to national insurance shall not be deemed to be warranted. After the employee reaches 66 years of age, but not later than six months before he reaches retirement age, the employer may inquire in writing whether the employee wishes to retire from his or her position upon reaching the above retirement age. A reply to this inquiry must be returned in writing not less than three months before the employee reaches retirement age.
Provided that this is expressly stated in the inquiry, protection against notice under the preceding paragraph shall be forfeited if no reply is received within the time-limit stated.
Section 61. Disputes concerning unwarranted notice of termination, etc. (1) In legal disputes relating to the contents of a contract of employment, or to whether an employment exists or to compensation in connection with termination of employment, Act No. 5 of 13 August 1915 relating to the courts of justice and Act No. 6 of 13 August 1915 relating to judicial procedure in civil cases shall apply, but in accordance with special rules provided in this section and sections 61A, 61B and 61C. Claims in connection with or in the place of claims that may be lodged pursuant to the first sentence may be included.
(2) Employees who wish to claim that an employment is not legally terminated or who wish to claim compensation as a result of termination of employment, may demand negotiations with the employer. In that event the employee shall notify the employer of this in writing not later than two weeks after receiving notice. The employer shall arrange a meeting for negotiations as soon as possible and not later than within two weeks of receiving the request. If the employee institutes legal proceedings or notifies the employer that proceedings will be instituted without negotiations having been conducted, the employer may demand negotiations with the employee. A demand for negotiations shall be submitted in writing as soon as possible and not later than two weeks after the employer has been notified that legal proceedings have been or will be instituted. The employer shall arrange for a negotiations meeting to be held in accordance with the rules of the preceding paragraph and, if legal proceedings have been instituted, shall notify the court in writing that negotiations will be conducted. The employee must attend the negotiations.
The employee shall be entitled to engage the assistance of an elected representative or other adviser during the negotiations. Similarly the employer may engage the assistance of an adviser.
The negotiations must be completed not later than two weeks from the day the first negotiating meeting was held, unless the parties agree to continue negotiations. A record shall be taken of the negotiations shall be put together and signed by the parties and their advisers.
(3) Where a dispute is not settled by negotiations or where no negotiations are conducted, the employee may, within eight weeks of the conclusion of negotiations or of the time notice was received, institute legal proceedings before the city or county court acting as a local labour court (cf. sections 7 and 26(b) of the Labour Dispute Act, but also the third paragraph of subsection 57(2)). If the employee claims compensation only, the time-limit for legal proceedings shall be six months from the date when notice was received. The parties may agree upon a longer time-limit for legal proceedings in each individual case. If negotiations have been conducted, a certified copy of the record shall be forwarded with the writ.
(4) As long as the dispute is the subject of negotiations in accordance with the rules of subsection (2), the employee may remain in his position.
If legal proceedings have been instituted under subsection (3) within eight weeks of the time negotiations were concluded or notice was received, and before expiry of the time-limit, the employee may remain in his position until a binding court decision (res judicata) is delivered. The same shall apply if, before the period of notice expires, the employee notifies the employer in writing that legal proceedings will be instituted within the eight-week time-limit. Nevertheless, when so requested by the employer, the court may order that the employee shall leave his position while the case is in progress, provided that the court finds it unreasonable that employment should continue while the case is in progress. At the same time the court shall stipulate the time-limit within which the employee is to leave.
The court may decide that employees who have been unlawfully locked out of their workplace after the notice period has expired have the right to resume their work, provided that the employees so request within four weeks of such a lockout.
The right to remain in the position does not apply to participants in labour market schemes under the direction of or in collaboration with the labour market administration who are given notice because the person concerned is provided with ordinary work or transferred to another scheme, or the scheme is terminated.
Section 61A. Handling of other claims, conciliation proceedings, etc. The court may also deal with questions of wages and vacation pay settlements and any dispute concerning other provisions of Chapter XII of the Working Environment Act in connection with legal proceedings relating to whether employment exists or to compensation in connection with termination of employment. The same shall apply to claims interconnected with the principal claim or those which can in whole or in part be settled by a set-off, provided that this represents no significant obstacle to the trial regarding the notice. The decision of the court under the preceding sentence may not be contested by interlocutory appeal or appeal.
If the employee who has been given notice or the employer wishes to claim compensation from the other employees of the enterprise or from a labour organization to which they belong because it is held that the notice was due to pressure from them, they may be cited as parties to the case and the claim may be decided. Such claims may be presented up until the time when the case is taken up for judgement.
Conciliation proceedings shall not take place in respect of the principal claim or other claims being dealt with together with this claim.
If negotiations pursuant to subsection 61(2) have been or will be requested, the court will postpone its proceeding until the negotiations are completed.
Section 61B. Appointed county or city, courts and panel of lay judges. For each county the Crown shall appoint the courts or city courts which shall deal with disputes concerning dismissals pursuant to the rules of this Act, and may at the same time appoint a county or city court judge to deal with such disputes in several circuits.
For each country the Ministry shall appoint a panel of lay judges who have broad knowledge of industrial life. The panel shall consist of ten lay judges or a higher number divisible by five, to be stipulated by the Ministry. At least two-fifths of the lay judges shall be employers and at least two-fifths employees. At least one-fifth shall be appointed on the recommendation of the Norwegian Federation of Trade Unions and at least one-fifth on the recommendation of the Confederation of Norwegian Business and Industry.
Section 61C. Main hearing, time-limit for appeal, etc. For the main hearing the county or city court shall have two lay judges. The high court shall have four lay judges, but this number may be reduced to two if the parties so agree.
The lay judges shall be appointed on the recommendation of the parties from the panel of lay judges appointed pursuant to the second paragraph of section 61B. In cases before the high court the lay judges shall be taken from the panels appointed within the boundaries of the high court.
Each party shall propose one-half of the number of lay judges which the court shall have for the individual case. If the proposals from the parties are not available within the time-limit determined by the judge, he or she may appoint lay judges as provided under section 87 of the Courts of Justice Act. The same shall apply if several plaintiffs or defendants fail to agree on a joint proposal.
Nevertheless, the court may not have lay judges if the parties and the court agree that lay judges are unnecessary.
The court shall expedite the case as much as possible and if necessary set a time for sitting out of turn. The time within which an appeal must be lodged is one month.
Section 61D. Arbitration agreements. The employer may conclude a written agreement with the chief executive of the enterprise to the effect that disputes in connection with termination of employment shall be settled by arbitration.
Section 62. Consequences of unwarranted notice of dismissal. When the court finds the notice unwarranted and the employee so requires, the notice shall be ruled invalid. Nevertheless, in special cases, when so claimed by the employer, the court may decide that employment shall be terminated when, after weighing the interests of the parties, the court finds it clearly unreasonable that employment should continue.
If the notice is unwarranted, the employee may claim compensation. Compensation shall be stipulated at the amount considered reasonable by the court in view of the financial loss, the circumstances of the employer and employee and other circumstances of the case.
Section 63. Protection against notice of termination in the case of contracts of employment involving a specified probation period. If an employee engaged by written contract for a specified probation period is given notice of termination, such notice must be warranted by the employee's suitability for the work, proficiency or reliability. In any court proceedings concerning a disputed notice, the employer shall establish the grounds upon which the notice is based, so that the employer's evaluation may be examined by the courts.
This provision shall in no way restrict the employer's right to give an employee notice under section 60.
This provision shall be applicable only if the notice is given before the expiry of the agreed probationary period, which shall not exceed six months (cf. the fourth paragraph).
If the employee has been absent from work during the probationary period, the employer may extend the agreed probationary period by a period of time corresponding to the duration of the absence. Such extension may only take place when the employee has been informed of this possibility in writing at the time of recruitment, and when the employer has informed the employee of the extension in writing before the expiry of the probationary period. The right to extension does not apply to absence caused by the employer.
In the event of a dispute concerning a notice given before the expiry of the probationary period, the provisions contained in sections 61 and 62 shall apply correspondingly, provided however that the employee shall not have the right to remain in his position while the case is in progress unless so ordered by the court.
The Crown may make regulations to the effect that the provision of the first paragraph may be applicable to certain groups of employees for a longer period of time than that prescribed under the third paragraph.
Section 64. Protection against notice of dismissal in case of illness, etc. (1) Employees who are absent from work owing to accident or illness may not be given notice for that reason during the first six months after becoming unfit for work. If employees have been employed by the enterprise for five consecutive years or more, or if employees are unfit for work owing to injury or illness incurred in the service of the employer, they may not be given notice on the grounds of such absence during the first 12 months after becoming unfit for work.
(2) Notice which takes place during the time employees are protected against notice under this section shall be deemed to be due to their absence because of sickness if there is no other extremely likely explanation.
(3) Employees who wish to claim protection from notice under this section must produce a medical certificate or by other means notify the employer in due time of the reason for their absence. When so required by the employer, a medical certificate shall be produced certifying the total length of the sick leave.
(4) In the event of dispute concerning the legitimacy of a notice under this section, the provisions of sections 61 and 62 shall apply correspondingly, but the time-limits for claiming negotiations or instituting legal proceedings shall not commence until the end of the time during which notice is prohibited pursuant to subsections (1) and (2) of this section.
(5) If employees who are absent from work under the rules of section 33A
or section 33B are given notice during their absence, the time-limit
for requesting negotiations shall be extended by the number of days corresponding
to the period of absence following the date of receipt of the notice. The
time-limit for instituting legal proceedings shall be extended by the same
number of days reckoned from the date on which the notice was effected.
Section 65. Protection against notice of dismissal during pregnancy, after confinement and following adoption. (1) Expectant mothers may not be given notice on that account. Notice given while an employee is pregnant shall be regarded as having been based on her condition if there is no other extremely likely explanation. If the employer so requests, a medical certificate of pregnancy shall be produced.
(2) Employees who are absent from work under provisions of sections 31 and 32 may not be given notice that is effective during the period of absence if the employer is aware that their absence is due to such reasons or the employees notify them without undue delay that they are absent for such reasons. If the employee is lawfully given notice at a time falling within the period referred to in sections 31 and 32, the notice shall be valid but shall be prolonged by that period.
The first paragraph shall apply to leave of absence for a period up to one year. With regard to leave of absence for a period exceeding one year and to leave of absence under section 31A, the first and second sentence of subsection (1) above shall apply correspondingly.
(3) In the event of a dispute concerning the legality of a notice under
this section, the provisions of sections 61 and 62 shall apply correspondingly.
If the employee has exceeded the time-limits for claiming negotiations
or instituting legal proceedings, the court may absolve the employee from
the consequences thereof when so demanded by the employee and the court
considers it reasonable.
Section 65A. Protection against notice of dismissal during military service, etc. (1) Employees who are absent from work due to compulsory or voluntary military service or similar non-military public service may not be given notice of termination for such reasons.
The same shall apply to voluntary service of up to 14 months' duration in forces organized by Norwegian authorities for participation in international peace and enforcement operations, provided that the employee notifies the employer thereof as soon as possible after having entered into a binding agreement relating to such service.
(2) Employees who wish to continue in their position upon completion of such service must inform the employer of such an intention before commencement of the service. The employer shall not be obliged to take the employee back into work until 14 days after the receipt of notification indicating the day when the employee is ready to resume work.
(3) Notice given immediately before or within the time period during which the employee is protected against notice under this section, shall be deemed to be on account of the service, if there is no other extremely likely explanation.
(4) In the event of a dispute concerning the legality of a notice under
this section, the provisions of sections 61 and 62 shall apply correspondingly.
If the employee has exceeded the time-limits stipulated for claiming negotiations
or instituting legal proceedings, the court may reinstate the dismissed
case when so demanded by the employee and it is considered reasonable by
the court.
Section 66. Summary dismissal. (1) The employer may summarily dismiss an employee with immediate effect if the employee has committed a serious breach of his or her obligations or has been guilty of any other major breach of his or her employment contract.
(2) With the exception of the second sentence of the third paragraph of subsection 57(2), the rules of section 57 shall apply correspondingly to summary dismissal.
(3) In the event of a dispute concerning the legitimacy of the dismissal, the employee shall not be entitled to remain in his position while the case is in progress, unless so decided by a court ruling.
(4) In the event that the court finds the dismissal to be unlawful, it shall be ruled invalid when so requested by the employee. Nevertheless, in special cases, when so claimed by the employer, the court may decide that employment shall terminate if, after weighing the interests of the parties, the court finds it clearly unreasonable that employment should continue. The court may also decide that employment shall cease when it finds that the conditions to justify dismissal are present.
(5) If the dismissal is unlawful, the employee may claim compensation.
The compensation shall be stipulated at the amount the court considers
reasonable in view of the financial loss, the circumstances of the employer
and employee, and other circumstances of the case.
Section 67. Preferential claim to reinstatement. (1) An employee who has been given notice on account of a lack of work shall have a preferential claim to new employment in the same enterprise, unless the position is one for which the employee is not suited. This shall also apply in respect of employees who have been recruited for a given period of time under section 58A, and whose recruitment is discontinued owing to lack of work, as well as employees who have accepted an offer of reduced employment in lieu of notice. Provided that this shall not apply, however, to employees engaged in work as a temporary replacement.
A preferential claim under the preceding paragraph shall apply only to employees who have been employed by the enterprise for a total of at least 12 months during the past two years.
(2) The preferential claim shall apply from the time when notice was given and for one year from the expiry of the time period stipulated for notice of termination.
(3) This preferential claim shall lapse if the employee fails to accept employment in a suitable position within 14 days after receiving the offer.
(4) If there is more than one person entitled to a preferential claim to a position, the employer must follow the same rules for selection in the recruitment procedure as those applicable to reduced operations or to rationalization measures.
(5) The rules contained in this section shall apply correspondingly to employees who are laid off in connection with a declaration of bankruptcy of an enterprise. This shall apply only when the enterprise is continued or resumed and in view of its location, nature, extent, etc., it must be regarded as a continuation of the original enterprise.
The provisions contained in subsection (4) shall, however, not be applicable in connection with bankruptcy, public administration of the estate of an insolvent deceased person or with the transfer of an enterprise after debt settlement proceedings have been initiated (cf. Part One of the Act relating to debt settlement proceedings and bankruptcy).
(6) In the event of disputes under this section, sections 61 and
62 shall apply correspondingly. The time periods stipulated for requesting
negotiations and instituting legal proceedings under subsections 61(2)
and (3) shall be calculated from the time when an employer has turned down
a claim from an employee for a new engagement. If the court finds that
a person entitled to a preferential claim should have been engaged in a
particular position, the court shall, upon a request from the person entitled
to a preferential claim, make a ruling to that effect, unless this is deemed
unreasonable.
Section 68. Testimonials. Employees who leave after lawful notice of termination shall receive a written testimonial from the employer. The testimonial shall contain information on their name, date of birth, the nature of their work and the duration of employment.
This provision does not restrict the employee's right to request a more detailed testimonial in employment where this is customary and where not otherwise stipulated in a wage agreement.
Employees who are summarily dismissed shall also be entitled to a testimonial, but the employer may state in the testimonial that the employee was summarily dismissed without giving the reasons therefore.
Section 69. Work rules. Industrial enterprises, commercial enterprises and offices employing more than ten persons shall have work rules for those employees who do not hold managerial or supervisory positions. The Ministry may decide that employment rules shall be established for other enterprises for other employees than those mentioned above. The rules shall contain the necessary disciplinary provisions, rules relating to organization of work, conditions for recruitment, notice of termination and summary dismissal, and provisions relating to payment of wages. The rules must not contain provisions contrary to this Act.
Work rules may not stipulate fines for breach of the rules.
Work rules may be established for enterprises other than those covered by the first paragraph. In such a case sections 70 to 73 shall apply correspondingly.
Section 70. Stipulation of employment rules. (1) At enterprises covered by wage agreements, the employer and the elected representatives of the employees may stipulate work rules by written agreement. If the agreement is binding upon a majority of employees, the employer may make the rules applicable to all employees in the areas of work covered by the agreement.
(2) When the provisions of subsection (1) are not applicable, in order for employment rules to be valid they must be approved by the Directorate of Labour Inspection. Rules shall be drafted by the employer, who shall negotiate with representatives of the employees concerning the provisions of the rules. In the case of enterprises covered by a wage agreement, the employer shall negotiate with the elected representatives of the employees. Otherwise the employees shall appoint five representatives with whom the employer shall negotiate.
If divergent rules are proposed by the representatives of the employees, these shall be enclosed with the draft submitted by the employer for approval. If the representatives of the employees' fail to negotiate concerning the rules, this shall be stated by the employer when the draft is submitted for approval.
(3) The rules shall be posted at one or more conspicuous places in the
enterprise and be distributed to each employee to whom the rules apply.
Section 71. Time-limit for submitting employment rules. The employer shall ensure that rules are established by agreement pursuant to subsection 70(1) or that rules are drafted pursuant to subsection 70(2) as soon as possible. Rules drafted pursuant to subsection 70(2) shall be forwarded to the Directorate of Labour Inspection not later than three months after the enterprise commences operations.
Section 72. Validity of employment rules. Employment rules shall be valid only when established lawfully and when they do not contain provisions contrary to this Act. If rules drafted pursuant to subsection 70(2), contain provisions that are contrary to this Act or that are unfair to employees, or if the rules were not established lawfully, the Directorate of Labour Inspection shall refuse approval.
If rules established by agreement pursuant to subsection 70(1) contain provisions that are contrary to this Act, the Directorate shall bring this to the attention of the parties and ensure that the provisions are altered.
Section 73. Amendments to employment rules. The rules of sections 69 to 72 shall apply correspondingly when the employment rules are amended or supplemented.
Section 73A. Scope of this Chapter. The provisions of this Chapter shall be applicable to a transfer of an enterprise or part of an enterprise to another owner as a result of a change in ownership.
Section 73B. Wage and working conditions. (1) Rights under the employment contract. The previous owner's rights and obligations pursuant to a employment contract or employment in force at the time of transfer of ownership shall be transferred to the new owner.
Claims under the first paragraph may still be raised against the previous owner.
(2) Rights under the wage agreement. When a change of ownership has taken place, the new owner shall maintain the individual working conditions under a wage agreement applicable to the previous owner, until the wage agreement expires or is replaced by another wage agreement.
(3) Pensions. Subsections (1) and (2) shall not be applicable
to the employee's right to benefits in connection with old age and disablement
or benefits payable to surviving relatives in accordance with pension schemes.
Section 73C. Protection against notice of dismissal. (1) Transfer of ownership to another owner as referred to under section 73A shall not in itself constitute grounds for notice of termination or summary dismissal by the previous or new owner.
(2) If an employment contract or employment is discontinued because of a transfer of ownership as referred to under section 73A results in significant changes in the working conditions to the detriment of the employee, the discontinuance shall be deemed to be caused by circumstances relating to the employer.
(3) In disputes under to this section, the provisions of sections 61,
62 (with the exception of the second sentence of the first paragraph) and
subsections 33(3) and (5) shall apply correspondingly.
Section 73D. Protection of elected representatives. (1) In cases where the enterprise retains its independence, the elected representatives affected by transfer as referred to in section 73A shall maintain their legal position and function.
(2) The provisions of subsection (1) shall not be applicable if the result of the transfer is that the basis for the employees' representation ceases to exist. In such cases the elected representatives shall continue to he protected in accordance with the agreements protecting elected representatives in this area.
Section 73E. Information and discussion. The previous and new owner shall be obliged to discuss transfers referred to under section 73A with the elected representatives as soon as possible. Particular information shall be given on:
If the previous or new owner is planning measures in relation to their respective employees, they shall discuss such measures with the elected representatives with a view to attaining an agreement.
Section 74. Supervision under the Act. (1) The Inspectorate of Labour shall consist of the Directorate of Labour Inspection and the Local Inspectorate of Labour. The Directorate of Labour Inspection shall administrate the activities of the Inspectorate of Labour and be responsible for ensuring that the duties assigned to the Inspectorate of Labour are carried out in accordance with the applicable acts and regulations. The Inspectorate of Labour shall supervise compliance with the provisions contained in or stipulated by virtue of this Act. The Crown may decide that supervision of parts of the public administration and transport enterprises operated by the State shall be organized in a manner other than that which ensues from this Act.
In special cases the Ministry may appoint specialists outside the Inspectorate of Labour to carry out inspections on behalf of the Ministry.
For such activities in the area referred to in the first three paragraphs of subsection 2(3) of this Act, the Crown may decide that supervision of compliance with provisions contained in or established by virtue of this Act shall be entrusted to a public authority other than the Inspectorate of Labour.
Such public authority shall, within its area of responsibility, be assigned the same powers as are assigned to the Inspectorate of Labour under this Act, unless otherwise decided by the Crown.
(2) The Crown shall make further provisions relating to the organization and activities of the Inspectorate of Labour, including relations between the Inspectorate of Labour bodies.
Section 75. The Directorate of Labour Inspection. (Repealed)
Section 76. The Local Inspectorate of Labour. (Repealed)
Section 77. Decisions of the Inspectorate of Labour. Appeals against decisions. (1) The Inspectorate of Labour shall make such orders and otherwise make such individual decisions that are necessary for the administration of the provisions contained in or made under this Act.
Orders shall be made in writing and a time-limit shall be fixed for compliance.
The order shall contain information concerning the right of appeal, the time-limit applicable in case of appeal, and details on the appeal procedure, as well as information concerning the right to see the documents of the case (cf. section 27 of the Public Administration Act).
(2) In the event of immediate danger the Inspectorate of Labour shall demand that safety measures be taken immediately. Moreover, when necessary in order to protect the life or health of employees, the Inspectorate of Labour shall order that the enterprise or part of it be closed down until satisfactory safety measures have been taken.
In the event of failure to comply with an order within the time-limit imposed, the Inspectorate of Labour may close down all or part of the enterprise until there is compliance with the order, irrespective of whether there is any immediate danger to the life or health of the employees.
(3) The Directorate of Labour Inspection may issue orders to the effect that anyone supplying or marketing a product which, even if used in compliance with the applicable requirements, may entail danger to life or health, shall initiate necessary measures to avert such danger. In this connection it may be required that:
(4) Conditions imposed by the Inspectorate of Labour shall, in order to be valid, be given in writing.
(5) The Directorate of Labour Inspection shall be the competent authority for complaints concerning individual decisions made by the Local Inspectorate of Labour. The Ministry shall be the competent authority regarding complaints concerning individual decisions made by the Directorate.
(6) The elected representatives of the employees shall be informed of
the orders issued and other individual decisions made by the Inspectorate
of Labour.
Section 78. Enforcement damages. Enforcement damages may be imposed by the Inspectorate of Labour upon employers, proprietors of an enterprise, or state, county or municipal authorities for failure to comply with an order within the time-limit imposed.
The amount of enforcement damages shall be determined according to the importance of compliance with the order and the costs that are presumed to be involved.
Orders for damages are legal grounds for enforcement of attachment proceedings.
The Crown may waive imposed enforcement damages when this is considered reasonable.
The Crown shall make further regulations relating to stipulation and calculation of enforcement damages.
Section 79. Appointment of specialists and commission of inquiry. (1) When supervision under this Act requires particular expertise, the Directorate may appoint specialists to carry out inspections, investigations, etc., on behalf of the Inspectorate of Labour.
(2) The Crown may appoint a special commission of inquiry when an occurrence at an enterprise covered by this Act results in heavy loss of life or property, or when the investigation is expected to be exceptionally extensive or complicated.
Until otherwise decided, the matter shall be handled in the usual manner by the ordinary supervisory authorities and, when necessary, by the public prosecutor.
The Crown shall make further rules relating to the commission.
Section 80. Access of the Inspectorate of Labour to establishments. (1) Representatives of the Inspectorate of Labour and specialists or commissions of inquiry appointed under this Act shall have free access at all times to any workplace covered by this Act, or which it is proposed to bring under this Act, to accommodations covered by subsection 8(3), and to buildings, means of transport, warehouses, areas, etc., that house such machinery, technical appliances and equipment or toxic and other noxious substances as referred to under sections 17 and 18.
(2) Employers, employees and all other persons associated with the enterprise, as well as manufacturers, suppliers and importers of technical appliances, equipment and harmful substances, have a duty to provide all information deemed necessary for the execution of supervision.
The Crown may make further provisions concerning documentation of the information.
(3) During inspections at workplaces Inspectorate of Labour employees shall contact the employer and the safety delegate, and, whenever necessary, other safety and health personnel at the enterprise. The safety delegate may demand that other elected representatives at the enterprise also take part in the inspection. In enterprises where no safety delegate has been elected, the Inspectorate of Labour shall during inspections contact other elected representatives.
Inspections may be carried out without prior notice.
Section 81. Protection of sources of information. When the Inspectorate of Labour is informed that circumstances at an enterprise are in conflict with the Act, the name of the informant shall be kept secret. The duty of confidentiality shall also apply in relation to the person whose affairs are reported.
Section 82. Relations between the Inspectorate of Labour and enterprises. (Repealed)
Section 83. Fees. (1) Enterprises covered by this Act may be ordered to pay to the Treasury an annual supervision fee or fees to cover expenses relating to inspection and control, approval and certification as well as imposed examinations.
More detailed regulations relating to fees shall be made by the Crown. The fees shall be subject to enforcement by attachment proceedings.
(2) The Crown may make rules relating to the Inspectorate of Labour's right to claim a refund for the costs of inspections and tests which the employer is required to perform under the Act.
Section 84. Municipal workers' protection boards. (Repealed)
Section 85. Liability of proprietors of enterprises, employers and persons managing enterprises on behalf of the employer. Any proprietor of an enterprise, employer or person managing an enterprise on behalf of the employer who wilfully or negligently contravenes the provisions or orders contained in or issued by virtue of this Act shall he liable to a fine, imprisonment for up to three months, or both. Complicity shall be subject to the same penalties, and employees shall also be subject to penalties pursuant to section 86.
In the event of particularly aggravating circumstances, imprisonment for up to two years may be imposed. When determining whether such circumstances exist, particular importance shall be attached to whether the violation involved or could have involved a serious hazard to life or health, and whether it was committed or allowed to continue in defiance of orders or requests from public authorities, decisions made by the working environment committee, or in defiance of demands or requests from safety delegates or from safety and health personnel.
In the event of offenses that involved or could have involved a serious hazard to life or health, any proprietor of an enterprise, employer, or person managing an enterprise on behalf of the employer shall be liable to penalty under this section, unless the person concerned has acted in every respect in a fully satisfactory manner according to his or her duties under this Act.
The provisions of this section shall not apply in respect of the rules of Chapter XII relating to protection against notices of termination.
Section 86. Liability of employees. Any employee who through negligence violates the provisions or orders contained in or issued under this Act shall be liable to payment of a fine. Complicity shall be subject to the same penalty.
If the offence is committed wilfully or through gross negligence, the penalty may be a fine, up to three months' imprisonment, or both.
In the event of particularly aggravating circumstances, imprisonment for up to one year may be imposed. When deciding whether such circumstances exist, particular importance shall be attached to whether the violation was contrary to special directives relating to work or safety, and whether the employee understood or should have understood that the violation could have seriously endangered the life and health of others.
The provisions of this section shall not apply in respect of the provisions of Chapter X relating to hours of work and of Chapter XII relating to protection against notices of termination.
Section 87. Liability of corporate bodies. Liability of enterprises to punishment shall be regulated in the Criminal Code, Act No. 10 of 22 May 1902, sections 48a and 48b.
Section 88. Liability of parents and guardians. Any parent or guardian who allows a child or young person under the age of 18 to perform work contrary to this Act shall be liable to a fine.
Section 89. Liability for obstructing public authorities. Any person who obstructs a public authority in the performance of investigations pursuant to this Act, or who fails to furnish the mandatory assistance or to supply information required for effecting supervision in accordance with this Act, shall be liable to a fine unless the offence is subject to section 85, or to more severe penal provisions pursuant to the Criminal Code.
Section 90. Public servants. For the purposes of the Criminal Code, any person affiliated with the Inspectorate of Labour shall be regarded to be a public servant.
Section 91. Prosecution. Contraventions of this Act shall be liable to public prosecution. Contraventions of subsection 49(3) or section 55 shall not be liable to prosecution unless charges are preferred by the injured party or by the Inspectorate of Labour.
Section 92. Misdemeanour. Contraventions of this Act shall be regarded as misdemeanours irrespective of the severity of the penalty.
Section 48a. When a penal provision has been contravened by anyone acting on behalf of an enterprise, the enterprise shall be liable to penal sanctions. This shall apply even when no individual person is liable to punishment for the violation.
The term enterprise shall in this connection be understood to mean company, association or other corporation, single person ventures, foundation, estate or activities and administration in the public sector.
The punishment shall consist of fines. Deprivation of the right to carry on business or activities judgement of the court can also be imposed on the enterprise, or certain aspects of the business or activities of the enterprise can be prohibited (cf. section 29).
Section 48b. In deciding whether punishment is to be imposed on an enterprise pursuant to section 48a, and in determining the penalty to be imposed on the enterprise, the following shall in particular be taken into consideration:
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