Norwegian workers are missing out on rights – EU law is crystal clear
Many of the most important rights in Norwegian working life are not made in Norway. They are the result of EU regulations that form the basis for parts of the Working Environment Act.
"We have good rights here in Norway. We like to think that all of this originates from the Norwegian, but it doesn't always do that . A lot of it comes from Norway and a lot of it comes from the EU, in good interaction," says Linn Marie Schilling Tjensvold. Director of Labour at NITO.
She points out that Norway is bound by EU law through the EEA Agreement.
"We are not free to choose what suits us, and large parts of EU law are legally binding for Norway as well," she says.
According to Tjensvold, this is first and foremost positive for the employees.
" Rules on working hours, notification, employment contracts and equal treatment in hiring are examples of how we follow EU law," she says.
We have good rights here in Norway. We like to think that all of this stems from the Norwegian, but it doesn't always do that.
Linn Marie Schilling Tjensvold, Director of Employment at NITO
Overtime for part-time employees
The issue of overtime for part-time employees has received a lot of attention recently. Tjensvold emphasizes that this is not a new issue.
"The big news story is not a recent Norwegian judgment, but an EU judgment that was handed down almost two years ago," she says.
The European Court of Justice has ruled that it is illegal to discriminate when part-time employees do not receive overtime pay before they pass the full-time norm.
"We must not be led to believe that this is unclear. The law is clear," says Tjensvold.
She rejects the employers' concern that this will lead to more voluntary part-time work.
"On the contrary, I believe that clear compliance with EU law will result in better planning and better basic staffing. I wish there was less resistance and that it was possible to reach the good solutions more quickly through dialogue.
Four weeks of paid holiday – does it apply to everyone?
The EU regulations give the right to four weeks of annual paid holiday.
"Are all employees in Norway entitled to four weeks of paid holiday?" asks Tjensvold.
She points out that the holiday pay scheme is based on accrual in the previous year.
"If you come straight from studies, from abroad or have had a break in working life, you will not get four weeks of paid holiday. This is not the same as what EU regulations require," she says.
- We must dare to state that the EU regulations in some areas are clear. If we do that, instead of holding on to grey areas, ambiguities and difficulties, it is easier to find the way forward. For the employees, this will lead to an even better working life.
Linn Marie Schilling Tjensvold, Director of Employment at NITO
Travel time is working time
This has been clarified in Norwegian working life, through EU law and, among other things, a Supreme Court judgment from 2019," says Tjensvold. Nevertheless, compensation for these working hours is not in place.
- This is entirely possible to achieve. We must dare to call a spade a spade. Travel time is working time and should be compensated, so we'd rather talk about how it should be compensated.
"The answer is simple for the employees"
When EU law challenges established Norwegian schemes, it often creates resistance, and it can be challenging to see how systems can be changed to be compatible with EU law.
- We must dare to state that the EU regulations in some areas are clear. If we do that, instead of holding on to grey areas, ambiguities and difficulties, it is easier to find the way forward. For the employees, this will lead to an even better working life," says Tjensvold.