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NITO has declared assistance to the parties when the Supreme Court is to define "particularly independent position"

NITO has declared assistance in the upcoming Supreme Court case that will clarify the interpretation of the term "particularly independent position".  

The case that will be heard in the Supreme Court concerns a newly qualified engineer who in his first job was exempt from the working hours regulations and thus was without both working time protection and the right to overtime pay. He has lost the case in two instances, but the Supreme Court will now assess whether the exemption was correctly applied. 

Linn Marie Schilling Tjensvold, direktør Arbeidslivsavdelingen NITO

"Even if the employee is not a member with us, NITO wants to step in as a legal assistant because the case is of great importance in principle for our members and for working life. This is not about one person, it is about the legal situation for a large group of employees," says Linn Marie Schilling Tjensvold, Director of the Employment Department at NITO. 

Assistance means that NITO participates in the case to shed light on the legal issue, without being a party to the dispute. The role provides the opportunity to provide input and argumentation that can help the court to have the best possible basis for its decision. NITO has engaged lawyer Oddvar Lindbekk, who will litigate with the help of NITO's lawyers Hege Glimsdal and Kirsten Rydne.

Employees in particularly independent positions are exempt from most of the Working Environment Act's rules on working hours. Such an exemption presupposes that the employee can effectively control his or her own working hours. 

Read more: What is required to have a particularly independent position?

"For NITO, this is both relevant and a matter of principle. We see that the right to exemptions is practiced too broadly. When employees are wrongly exempted, they lose protection against long and stressful working hours. We have seen many examples where employees are exposed to unjustifiable work pressure," says Tjensvold.  

For many years, NITO has worked to clean up the practice of the right to exemption, including through assistance to members and union representatives, legal processes, dialogue with the authorities and active involvement in the public debate. 

President of NITO, Kjetil Lein, believes it is important that Norway's largest union for engineers and technologists contributes to a matter that is of great importance in principle.  

"When the country's highest court now draws the line for the use of this exception, NITO will contribute with our knowledge and experience. We owe it to both our members and the labour market as a whole," says Lein.  

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