Particularly independent position: Advice for you as a union representative
The Supreme Court has clarified the rules on particularly independent positions. As a union representative, you will be advised to discuss how you can discuss the practice with your employer and support your members.
The verdict is still fresh, and the page will be updated in due course. Sign up for the stream on October 28 to get the latest news on the consequences of the verdict.
This is what the judgment says
On 14 October 2026, the Supreme Court delivered a judgment on a particularly independent position. The judgment states that the exemption from the working hours rules is narrow and only applies to a few employees. This is in line with NITO's view for many years.
In order to be exempt, the employee must have a particularly high degree of freedom to decide both the workload and when the work is to be performed. It is not sufficient to have flexible working hours, great responsibility and independence in the performance of tasks.
The assessment must be based on what the working day is actually like. Everything that affects the workload and working hours must be included. This also applies to project deadlines and requirements from customers and clients. A position does not become particularly independent just because the employer does not keep track of when the employee is working.
The idea is that the exemption only applies to those who have so much influence on their own workload and working day that they can protect themselves.
Read more about the requirements for a particularly independent position
Many employers need to review their practices
The judgment will have an impact on many companies that currently use the exemption for particularly independent positions, because we know that the exemption is practiced to a far too large extent.
At the same time, it is important to be aware that the judgment does not limit the possibility of flexible working time arrangements. Employers and employee representatives can still agree on flexitime, average calculation of working hours and other arrangements within the legislation and agreements.
What working hours agreements can you enter into as a union representative?
Centrally approved working time arrangements – 10-12 (4) agreements
What does this mean for union representatives?
Many union representatives will be asked questions about the judgment in the coming weeks. Their role will be both to follow up the case with the employer and to support members who wonder what the judgment means for them.
Raise the topic in established cooperation arenas with management. Ask how the company will follow up the judgment. If the employer does not show signs of prioritising this, you can ask for an overview of which positions are currently treated as particularly independent. Also ask for an explanation of why the employer believes these positions meet the conditions.
We will assist you through these processes. We will return with advice and guidance both in newsletters, on the website and on stream.
We already emphasize two things:
- None of our members should accept a pay cut because their employer has not followed the law.
- We advise against solutions with "overtime included in the salary".
