NITO victory in the Supreme Court restricts the use of particularly independent positions
The Supreme Court today ruled in favourof NITO's member in acase that will have great fundamental significance for howemployers useexemptions from theAct's provisions on working hours.
"This clears up the extensive use of particularly independent positions. Today's judgment is a major victory for a fair working life," says Linn Marie Schilling Tjensvold, Director of Labour at NITO.
The Supreme Court has considered the case in which NITO's member was employed as a project manager in a construction company. Here, he was constantly being charged with new projects despite giving feedback that the burden was too great.
When the employer went bankrupt, he was left with many hours that were not compensated, neither with time off in lieu nor with salary. He then submitted an overtime claim on the grounds that he was illegally exempt from the working hours regulations in a so-called particularly independent position.
A well-known NITO case
NITO has conducted and won a number of court cases, worked in legal policy, followed up a large number of union representatives, business groups and individual members with good results. Around 25 per cent of the organisation's members in the private sector are affected by this case.
"We will now review the judgment and the consequences for working life. We believe that flexible working conditions can still be ensured through the law's own solutions, without exceptions to the working hours rules. Where there is still a great deal of real freedom for employees, the judgment will not lead to change," says Tjensvold.
Exceptions must be used restrictively
The Supreme Court points out that the District Court and the Court of Appeal placed too much emphasis on the managerial tasks of the project manager, and too little emphasis on whether he himself decided on his working hours, both the workload and the times. According to the Supreme Court, it is precisely the freedom to decide the scope of the work that is at the centre.
"This is a very important judgment for all employees. The Supreme Court clearly states that it is not enough to have a responsible and independent job to be exempt from important working time regulations. The question is whether you control how much you work," says Tjensvold.
The judgment emphasizes that exceptions to the working hours rules must be used restrictively.
"This is an important clarification for all employees who risk losing both working time protection and overtime rights," Tjensvold concludes.