Collective agreements in the local government sector

The main agreement NITO – KS 2024-2025

Main agreement between the employers' association KS and NITO valid from 1 January 2024 to 31 December 2025.

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This page has been translated by AI. Use it for an overview of rights and obligations, but note that this is not an official translation. For an accurate rendering, refer to the Norwegian version.

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Purpose

The main parties have entered into the Basic Agreement in order to create the best possible basis for cooperation between the parties at all levels, and  the main agreement is intended to be a tool for ensuring and facilitating good processes between the parties and for a positive development of qualitatively good services in municipalities, county authorities and companies linked to the local government sector. Cooperation must be based on trust and mutual understanding of the parties' different roles.

It is crucial for a good result that the employees and their organisations are involved as early as possible when restructuring and reforms are to be implemented. Services of good quality and adapted to the users' needs require good processes and participation. Through the union representative scheme, the main agreement is intended to give employees real influence on how the workplace is to be organised and how working methods are to be developed, so that this contributes to a flexible and user-friendly service provision.

The parties emphasise the importance of promoting understanding of and insight into the impact of activities on the external environment and climate in the cooperation between the parties.

 

It shall be possible to participate and influence through information and discussions regardless of where or at what level the decision is made.

 

The parties agree that it is important to work for a more inclusive working life for the benefit of the individual employee, the workplace and society, so that sickness absence and disability retirement are reduced. An inclusive working life shall also contribute to the development and use of the individual's resources and ability to work in active work. 

 

The central parties shall hold contact meetings at least twice a year. The purpose of the central contact meeting is, among other things, to help ensure that the parties locally follow up the Basic Agreement's intentions on forms of cooperation and co-determination.

 

The parties, individually and together, will contribute to facilitating good local processes and ensuring that the local parties follow up on the intentions of the Basic Agreement.

 

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Part A

The negotiation system 

 

§ 1        Relationship between the parties and definitions

§ 1-1     The Basic Agreement

The main agreement applies between KS and the individual employee organisation. The main agreement requires that a basic collective agreement is established between the parties.

 

Note to section 1:

If an independent trade union organisation requires party status in KS's collective agreements, KS must discuss this with the bargaining associations before such party status is granted.

 

§ 1-2     Basic collective agreements

Basic collective agreements apply between KS and the individual employee organisation. 

 

Section 1-3     Key special agreements

Central general and federal special agreements apply between KS and the individual employee organisation. Negotiations on such agreements take place independently of negotiations on this agreement and the Basic Collective Agreement. 

 

§ 1-4     Local special agreements

Local special agreements apply between the municipality/county council/company and the individual employee organisation's local level. 

 

§ 1-5     Negotiating associations

A bargaining association is an association of organisations on the employee side that is bound by membership and articles of association and/or a binding cooperation agreement. 

 

The following associations have the status of bargaining association:

 

  • LO Municipality – bargaining association
  • YS Municipality (YS-K)
  • Unio
  • Akademikerne municipality 

 

New bargaining associations must represent at least 3 trade unions and have at least 20,000 members in KS's tariff area, or represent at least 2 employee organisations and have at least 40,000 members in KS's tariff area. 

A negotiation association must be approved by KS before rights exist under this agreement. 

 

Section 1-6     Collective agreements for enterprises

Collective agreements for companies apply between Samfunnsbedriftene and the individual employee organisation according to the same structure as Sections 1-1 to 1-5. KS is the overarching collective bargaining party in all collective agreements entered into by Samfunnsbedriftene. 

The main agreement is joint between KS and Samfunnsbedriftene.

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§ 2        Scope of application

The Basic Agreement is the first part of the Basic Collective Agreements that have been or will be established. The main agreement consists of three parts: 

Part A regulates the negotiation scheme. 

Part B applies to municipalities/county authorities, including municipal and county municipal enterprises, cf. Chapter 9 of the Local Government Act. 

Part C applies to independent legal entities with membership in Samfunnsbedriftene and energy companies organised as municipal/county municipal enterprises pursuant to Chapter 9 of the Local Government Act. 

 

§ 3        Duration

The main agreement is valid from 01.01.2024 to 31.12.2025.

If the Basic Agreement has not been terminated by either party by that time with 3 – three – months' written notice, it is still valid for 1 – one – year at a time with the same mutual notice period. 

 

§ 4        Right of negotiation/obligation


The parties have a mutual right and duty to negotiate the establishment and renewal or regulation of agreements as mentioned under Sections 1-1 to 1-4. 

 

§ 4-1     Negotiations on the Basic Agreement

Negotiations take place between KS and the negotiating associations. 

 

KS is obliged by this agreement not to conclude negotiations on a main agreement with employee organisations that are not bound by membership or a binding cooperation agreement with a bargaining association, until a decision has been made on a recommendation or a breach of negotiations from the bargaining associations. 

 

§ 4-2     Negotiations on basic collective agreements

Negotiations take place between KS and the negotiating associations. 

 

KS is obliged by this agreement not to conclude negotiations on basic collective agreements with employee organisations that are not bound by membership or a binding cooperation agreement with a bargaining association, until a decision has been made on a recommendation or a breach of negotiations from the bargaining associations. 

 

Section 4-3     Negotiations  on  key special agreements

a)     Negotiations on key general special agreements take place between KS and the negotiating associations. 

 

b)     Negotiations on central union-specific special agreements take place between KS and the individual employee organisation. 

 

In the case of negotiations on key general special agreements, the individual member organisation is represented by its negotiating association. 

 

KS and the individual employee organisation/bargaining association have a mutual obligation to, at the written request of the other party, within 14 days have agreed on a meeting time for negotiations on the conclusion of a central special agreement. A negotiation meeting must be held within 1 month at the latest, unless the parties agree otherwise.

 

KS is obliged by this agreement not to conclude negotiations on central general special agreements with employee organisations that are not bound by membership or a binding cooperation agreement with a bargaining association, until a decision has been made on a recommendation or a breach of negotiations from the bargaining unions and a possible tribunal has made its decision. 

 

A central special agreement binds the parties until it has been legally terminated. A central special agreement that has been legally terminated and not renegotiated lapses. 

 

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§ 4-4     Duties and powers in the event  of a conflict of interest

In central negotiations, mediation and/or tribunal proceedings, each member organisation is represented by its negotiating association. 

 

At the conclusion of negotiations or mediation, the delegation of the negotiating association shall, on behalf of all the trade unions that are bound by membership or cooperation agreement with the association, either recommend or reject offers. The individual trade union organisation is obliged by the negotiating association with regard to demands and recommended negotiation or mediation proposals until the deadline for response, but not beyond 14 days. Thereafter, the individual employee organisation is not represented by the bargaining association. 

 

In the event of the negotiation association's rejection of a negotiation proposal, the negotiation association shall give notice of collective redundancy and take responsibility for mediation. 

 

In the event of the negotiating association's rejection of a mediation proposal, the negotiating association shall correspondingly assume responsibility for any resignation. 

 

In the event of the negotiating association's recommendation of a negotiation/mediation proposal, the individual member organisation/organisation with a binding cooperation agreement may not initiate industrial action until after the deadline for response, but not beyond 14 days. 

 

Organisations that are not affiliated with a negotiating association cannot initiate industrial action until the final response of the negotiating associations/KS has been received.

 

§ 4-5     Negotiations on local special agreements

Local special agreements can be entered into on the basis of a central collective agreement, or to regulate local conditions that are not regulated. Provisions in a local special agreement that conflict with a central collective agreement are invalid. 

 

Negotiations take place between the individual municipality/county municipality/company and the individual trade union or bargaining association's local level. If the local parties find it appropriate, they can conduct negotiations according to the negotiation association model. 

 

The individual municipality/county municipality/company and the local branch of the trade union/bargaining association have a mutual obligation, upon written request from the other party, to have agreed on a meeting time within 14 days for negotiations on the conclusion of a local special agreement. A negotiation meeting must be held within 1 month at the latest, unless the parties agree otherwise. 

 

If the negotiation association model is used in full, the individual municipality/county municipality/company is obliged by this agreement not to conclude negotiations on local special agreements with employee organisations that are not bound by membership or a binding cooperation agreement with the bargaining association, until a decision has been made on a recommendation or a breach of negotiations from the bargaining association. 

 

The special agreement must, unless otherwise agreed, be terminated in writing at least 3 months before the validity period expires. If the special agreement has not been terminated by one of the parties within the deadline, the agreement is renewed for one year at a time. A local special agreement binds the parties until it is legally terminated. Local special agreements that have been legally terminated and not renegotiated lapse. 

 

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§ 4-6     Local pilot schemes

Negotiations take place between the individual municipality/county municipality/company and the individual employee organisation's or bargaining association's local level. 

 

Pilot schemes may be entered into locally that deviate from the central collective agreement where all the parties concerned agree on this. Such pilot schemes are entered into in the form of a local special agreement. The special agreement lapses at the end of the special agreement period, unless the parties agree on a new agreement before the expiry date. 

 

The central parties shall be informed of the local pilot schemes that have been entered into.

 

§ 4-7     Negotiations pursuant to Chapters 3, 4 and 5 of the Basic Collective Agreement

Wage negotiations on the basis of the Basic Collective Agreement take place between the individual municipality/county council/company and the local level of the individual trade union or bargaining association. The fact that an employee organisation has only one member at the place of negotiation does not exclude the person's right to be represented in the negotiations, see, however, paragraph 2 below. 

 

If the local parties find it appropriate, negotiations can be conducted according to the negotiation association model. The local parties should discuss whether local wage negotiations should be conducted according to such a model. In such negotiations, the local level of the bargaining association, on behalf of the trade unions, shall recommend or reject the negotiated solution. 

 

If no agreement is reached, the legal basis for negotiations specifies dispute resolution. Each of the parties, the municipality/county council/company and the trade union organisation(s) or the local level of the bargaining association, may bring the dispute before the relevant dispute resolution. 

 

Section 4-8     Negotiations on the Basic Agreement, scope and collective agreements for enterprises

a)     Negotiations on the Basic Agreement covering Samfunnsbedriftene take place between KS and the bargaining associations. A decision by KS to adopt the Basic Agreement is binding on Samfunnsbedriftene and its members. 

 

b)    The social enterprises must send an overview of which companies are covered by a collective agreement to the employee organisations before it starts. 

 

c)     Negotiations on basic collective agreements take place between Samfunnsbedriftene and the bargaining confederations or employee organisations if the bargaining confederations and Samfunnsbedriftene agree to this. 

 

d)  Members of Samfunnsbedriftene are placed in Samfunnsbedriftenes
Basic collective agreements or the Basic Collective Agreement in KS's collective agreement area. Placement takes place by registration by agreement in accordance with the scope provisions of the agreements, or by agreement on a new basic collective agreement.

 

In the event of disagreement about placement, salary and working conditions at the time of enrolment in the company will continue for the duration of the collective agreement period. Placement will be the topic of the main settlement in KS.

 

e)     All central special agreements, which have been negotiated between KS and the bargaining associations/employee organisations, will apply to Samfunnsbedriftene and its members. New central special agreements are negotiated between Samfunnsbedriftene and the individual employee organisation/bargaining association pursuant to Section 4-3. 

 

f) Local wage negotiations and any disputes in this regard take place in accordance with the provisions of Samfunnsbedriftene's collective agreements. 

 

g) Any collective agreement entered into by Samfunnsbedriftene requires approval from KS before it can be adopted by KS Bedrift.

 

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§ 5        Conflicts of interest and sympathy actions

§ 5-1     Conflicts of interest

 

§ 5-1-1     Conflicts – collective dismissal, work during strikes

 

a)     In connection with the creation of new, or revision of the current Basic Collective Agreements, the Parties agree to accept as valid the notice of termination exchanged between the Parties. 

 

The form and content of redundancy shall be as stipulated in Section 15 of the Labour Disputes Act. 

 

Both parties undertake to give notice of these dismissals at least 14 days before industrial action is initiated. 

 

b)     Notice of resignation (the final scope of the resignation) shall be given with at least four days' notice, and no later than in connection with a claim for termination of the mediation pursuant to Section 25 of the Labour Disputes Act. Notice of an extension of the conflict shall also be given by each of the parties with at least four days' notice. The notice is given within office hours. 

 

c)     A statement of the employees who are to be taken out in industrial action shall be given to the local employer/bargaining association's local branch at least four days before the resignation. The notice is given to the employer's appointed representative within the company's office hours.

 

d)    Decisions on the use of combat equipment can only be made by the central contracting parties. The use of industrial action by Samfunnsbedriftene requires the consent of KS. KS has the authority to enter into a collective agreement on behalf of Samfunnsbedriftene in order to end an ongoing labour dispute. 

 

e)     In the event of a conflict of interest regarding the Main Agreement where it has been included in KS's HTA settlement, KS and Samfunnsbedriftene constitute a common collective agreement area/conflict area. The companies covered by the Basic Collective Agreement in KS are part of KS's collective agreement area/conflict area when negotiations on this agreement are made. In these cases, a notice of placement is delivered/received by KS. In addition to this, the Basic Collective Agreements for Samfunnsbedriftene are separate tariff areas/conflict areas where redundancy is delivered/received by Samfunnsbedriftene. 

 

f)    Employees in legal industrial action shall not be withdrawn from AFP and the occupational pension scheme. The employer covers premiums for continued membership of the AFP and occupational pension scheme for up to 1 month. After this, and for as long as the conflict lasts, the employer can demand reimbursement of premiums from the affected employee party, so that the striker maintains his or her pension rights even during a long-term conflict.

 

§ 5-1-2     Employees who are exempt from strikes and exemptions

a)     The company's top manager is not taken out on strike. As a general rule, the top manager of the human resources function is not taken out on strike. Before industrial action is used in connection with conflicts of interest, the parties undertake to negotiate as soon as possible to exempt from action persons or groups that are necessary to prevent the interests of third parties from being unduly harmed. 

 

If agreement is not reached through negotiations, the union representatives shall bring the matter before their respective employee organisations, which with binding effect for their members determine whether, and if so, which persons/groups are to be excluded from the action that is to be implemented. 

 

b)     The employer may apply for dispensation for named employees who have been taken out on strike and who, due to danger to life and health or other vital considerations, must be present or reinstated in work. 

 

§ 5-1-3     Employees who do not participate in action

For employees who are completely exempt from action, normal terms and conditions of employment apply. 

 

Employees who are partially exempt from action are compensated for the work actually performed.

 

§ 5-1-4     Payment of new salary after a work stoppage

Before new salary is paid, the employer and employee representatives must discuss and clarify which employees are to be paid the new salary in relation to the relevant effective date(s). The purpose of such discussions is to ensure that the correct salary is paid at all times. 

 

§ 5-2     Sympathy actions

No sympathy action can be initiated without prior negotiations between KS or Samfunnsbedriftene and the individual employee organisation or bargaining association. Negotiations must be held within four days after a claim has been made. Notice of work stoppage and tasks concerning those who are to be taken out in sympathy action shall be as stipulated in Section 5-1.

 

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§ 6        Dispute resolution

§ 6-1     Central Tribunal

When negotiations on a central special agreement (Section 1-3) have been ongoing for 14 days, either party may demand that the negotiations be completed within one week, unless the parties agree otherwise. 

 

Either party can then bring the dispute before   a central tribunal.

 

If the parties do not agree on a chairperson, this person is appointed by the National Mediator.

 

The Tribunal's decision has the same effect as a central special agreement.

 

If one of the parties so requests, the Tribunal's decision shall only apply until the expiry of the Basic Collective Agreement. 

 

When considering key general special agreements, the Tribunal shall be composed as follows:

 

  • 1 neutral leader
  • 1 representative from KS/Samfunnsbedriftene
  • 1 representative from the negotiating association in question

 

When considering key federal special agreements, the Tribunal shall be composed as follows:

 

  • 1 neutral leader
  • 1 representative from KS/Samfunnsbedriftene
  • 1 representative from the relevant trade union organisation

 

§ 6-2     Local board

When negotiations on a local special agreement (Section 1-4) have been ongoing for 14 days, either party may demand that the negotiations be concluded within one week, unless the parties agree otherwise.

 

Each of the local parties can bring the dispute before the local board.

 

The Tribunal is composed as follows:

 

  • 1 neutral leader
  • 1 representative from the employer
  • 1 a representative from the local branch of the trade union in question or the local branch of the bargaining association

 

If the parties do not agree on a chairperson, this person is appointed by the Circuit Mediator. 

 

The provisions under this section also apply to all disputes pursuant to Chapter 3, Section 3, Section 3.4.2 and 3.4.3, Chapter 4, Section 4.2.2 and Chapter 5, Section 5.1. 

 

The employer and the local level of the trade union organisation or bargaining association may enter into an agreement where the form of arbitration pendulum arbitration is the local dispute resolution model (applies to disputes pursuant to the Basic Collective Agreement for Competitive Enterprises, Chapter 3, Section 3.2). 

 

§ 6-3     Basic Collective Agreement, Chapter 4, Section 4.2.1 – Appeals

 

The Central Appeals Committee, cf. HTA Chapter 4 section 4.2.1, consists of three members composed as follows:

 

  • 1 chair appointed by the National Mediator
  • 1 representative from the negotiating association
  • 1 representative from KS 

 

The Central Appeals Committee makes a decision with binding effect.

 

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§ 7        Litigation


§ 7-1

Disputes about the understanding or validity of a collective agreement shall be resolved through local negotiations. 

 

The time for the negotiation meeting must be agreed within 14 days after one of the parties has submitted a written request to do so. The negotiation meeting must be held within one month at the latest, unless the parties agree otherwise. 

 

If no agreement is reached in accordance with the above point, the negotiations may continue locally with the assistance of KS/Samfunnsbedriftene and the relevant employee organisation or bargaining association if the central collective bargaining parties agree to this. The time for the negotiation meeting must be agreed within 14 days. A negotiation meeting must be held within one month at the latest, unless the parties agree otherwise. 

 

§ 7-2

KS is the overarching collective bargaining party in collective agreements entered into by Samfunnsbedriftene. KS has legal standing in all collective agreements entered into by KS and Samfunnsbedriftene. KS obliges Samfunnsbedriftene and its members in legal disputes and other disputes within the competence of the Labour Court. If a dispute is not resolved through negotiations pursuant to Section 7-1, the dispute is brought before KS and the relevant employee organisation or bargaining association. Where the legal standing has been delegated to Samfunnsbedriftene, the dispute is brought before Samfunnsbedriftene and the employee organisation in question. This also applies to disputes about the understanding and validity of a local special agreement. 

 

If a local special agreement is entered into pursuant to Section 4-6 and any disagreement is not resolved through local negotiations, the dispute will be resolved by the use of a local tribunal, cf. Section 6-2. 

 

The time for the negotiation meeting must be agreed within 14 days after a written request has been made. A negotiation meeting must be held within one month at the latest, unless the parties agree otherwise. Before a dispute is brought before the Labour Court, there should be minutes from the negotiation meeting, cf. Section 45 (4) of the Labour Disputes Act.

 

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Part B

Municipalities and county authorities, including municipal and county municipal enterprises, cf. the Local Government Act chap.  9

§ 1        Purpose, cooperation and co-determination

§ 1-1     Purpose

Within the framework of local political democracy, the main agreement shall contribute – through good cooperation, co-determination and co-influence – to an adaptable, sustainable and service-oriented municipal sector for the benefit of the citizens. 

The goal is to provide high-quality services through further development of the local government sector, create safe workplaces with meaningful work and a good working environment. The parties agree that good cooperation between the employer and the employees and their organisations is a prerequisite for achieving this. The ability to open dialogue and willingness from both parties will largely be crucial to success. 

§ 1-2     Cooperation

The local government sector is constantly changing. Citizens and users have increasing expectations of the services. This applies to scope as well as quality and accessibility, and presents employers, employees and their organisations with new challenges with regard to cooperation. Within the framework of adopted economic and political goals, good cooperation will be of crucial importance for the development of the services. The parties agree that it is important for good conditions in the workplace that the cooperation between the municipality/county municipality and the employee representatives takes place in rational and satisfactory forms. 

The union representatives are representatives of the members of the organisations in question vis-à-vis the employer. Employees, union representatives and employers have the right and duty to do their best to create good cooperation throughout the municipality/county municipality and at the individual workplace.

The objective is that any problems that may arise in the relationship between employer and employee will be resolved through the arrangement with the employee representatives. The parties therefore agree on the importance of a well-functioning union representative apparatus with clear lines and powers. The employee representatives shall have the conditions arranged so that they can carry out their duties in accordance with the guidelines laid down in this agreement. 

Co-determination and co-influence must be exercised efficiently and rationally and be adapted to the organisation of the municipalities/county authorities. 

 

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Section 1-3     Forms of co-determination

Co-determination is exercised through representation in statutory and other committees and through the system of employee representatives. 

 

As a general rule, the parties shall be represented in ad hoc committees etc. that investigate administrative issues. 

 

Section 1-4     Restructuring and development

The objective of restructuring and development work is to provide citizens with the best possible service by achieving the highest possible quality and improved professional standard of services through the correct use of financial, human and political resources. 

 

It is the premise of the parties that restructuring and development work is based on the agency's need for development and shall contribute to making the public sector competitive both professionally and financially.  

 

§ 1-4-1     Reorganization

The employer must inform, discuss and consult the employee representatives as early as possible with regard to:

 

  • Reorganization/restructuring of operations
  • rationalisation/operational curtailment that may have consequences for employment
  • information procedures, the composition of ad hoc groups, provisions on the timetable, procedures for downsizing/dismissal, procedures for advertising/announcing new positions and possible alternative solutions in the event of resignation (e.g. use of AFP, educational leave/scholarships, severance pay scheme)

 

§ 1-4-2     Competitive tendering

a)     The trade unions or bargaining associations shall be represented in ad hoc administrative groups that investigate possible competitive tendering. 

 

b)     Before a decision is made to put one or more services out to tender, the individual trade union organisation/bargaining association shall be given the opportunity  to make a written statement before the decision-making body. 

 

c)     Reference is made to the Public Procurement Act with regulations and ILO Convention No. 94. 

 

§ 1-4-3     Municipal collaboration / inter-municipal cooperation

If tasks are considered to be performed through municipal collaboration and/or inter-municipal cooperation, the affected parties shall as early as possible begin discussions about the employee representative scheme and how the employees' co-determination is to be safeguarded, cf. HA Part B, Sections 3-3 a) and b). 

 

Section 1-5     Follow-up and training

The parties shall together and individually ensure regular follow-up and training of managers and union representatives at all levels, with a view to a common understanding of the intentions of the Basic Agreement. Joint local training in the Basic Agreement and other agreements is a good tool, and the local parties should discuss the need for such training. 

 

The local parties will hold annual evaluation meetings on the Basic Agreement, in which the highest employer representative also participates. 

 

At the evaluation meeting, experiences related to the cooperation between the employee representatives and the employer on the practical facilitation of the work shall be discussed, cf. inter alia Section 3 of the Employment Assessment Act. Minutes of the meetings are kept. 

 

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§ 2        Definitions

§ 2-1     Employer

The municipal council, the county council, the board or the person delegated such authority. 

 

A person who, in the employer's place, manages the individual unit in accordance with given authorisations.

 

§ 2-2     Union representative

An employee employed by the municipality/county municipality and who has been elected/appointed by the members of his or her employee organisation to carry out the tasks set out in this agreement. 

 

§ 2-3     Main union representative

Union representatives who are elected/appointed by the members of their employee organisation to coordinate and assist the union representatives in their work with the municipality/county municipality, cf. Section 3-3 d. 

 

§ 2-4     Joint shop steward

An employee employed by the municipality/county municipality who has been elected/appointed by a local bargaining association to fulfil the responsibilities and tasks of the main union representative pursuant to this agreement, cf. Section 3-3 f of the Employment Act.

 

§ 2-5     Negotiation association committee

A committee elected by and from among the union representatives in the bargaining association. 

 

§ 2-6     Selection of union representatives

A committee elected by and from among the union representatives in an employee organization.

 

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§ 3        Mutual rights and obligations of employers and employee representatives

 

 

The employer and the employee representatives have a mutual duty to do their best to create and maintain good cooperation in the workplace so that the parties can address and seek to resolve any problems or other matters in an open and constructive manner.

 

§ 3-1     The employer's obligations to the employee representatives

a)     Ensure that rights and obligations are complied with in accordance with the applicable collective agreement.

 

b)     Information meetings shall be held regularly with the main/joint union representatives at the central level in the municipality/county municipality. Organisations that are only represented by a union representative, cf. Section 2-2 of the Employment Act, Part B, are also invited to the information meetings. At the decentralised authority level, separate information meetings are held with the relevant union representatives and employer representatives at this level.

 

c)     In the event of changes and restructuring

 

  • in the municipality/county council/company
  • between municipalities/county authorities
  • When following up and implementing national reforms that will have an impact on employees, the employer must inform, discuss and consult the employee representatives at the earliest possible time. The employees' need for security must be safeguarded through open planning processes where goals and consequences are made known as far as possible. 

 

d)    The employer shall, as early as possible, inform, discuss and consult the employee representatives concerned on:

 

  • Vacancies and newly created positions
  • procedures for advertising and announcing positions, selecting for, and interviewing relevant candidates

 

e)     As a permanent arrangement, the employer must send a list of applicants to employee representatives. 

 

f)     The employee representatives shall be informed which employer representatives at different levels they are to address their inquiries to. 

 

g)     The employer must inform the employee representatives as soon as possible of new appointments and notify new employees of who the employee representative is. 

 

h)     The employer shall, in cooperation with the employee representatives/employees, prioritise measures for an inclusive working life. 

 

i)      In cases where discussions or negotiations are held between the parties, minutes of discussions or minutes of negotiations shall be written. The minutes of the negotiations must state the legal basis. 

 

§ 3-2     The rights and obligations of union representatives

a)     The right and duty to discuss/negotiate on issues relating to pay and working conditions where this is authorised by law, regulations or collective agreements. Minutes of discussions/minutes of such meetings are kept. 

 

b)     Ensure that rights and obligations are complied with in accordance with applicable collective agreements.

 

c)     The employee representatives have the right to bind the employees in matters that concern the entire workforce or groups of employees to the extent that a collective agreement does not prevent this. It is a prerequisite that the union representatives, if they deem it necessary, present the matter to the members before taking a position on the issue. The employer must receive a response without undue delay. 

 

d)    A union representative shall neither incite nor contribute to illegal conflicts. 

 

e)     The employee representative must inform the employer of matters that will be of importance to the municipality/county municipality. 

 

f) The employee representative shall prioritise meetings convened by the employer, see, however, Section 3-4, fourth paragraph. 

 

g) The employee representative has the right to comment on appointment, transfer, promotion and promotion to a position covered by the collective agreement. 

 

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§ 3-3     Employee representative scheme, including structure and buy-out

a)     The union representative scheme must be designed so that it provides predictability for both union representatives, the members they represent and the employer. Likewise, the number of members and the scope of the collective agreement must be taken into account. The union representative structure must be adapted to the municipality's/county municipality's geographical spread, as well as the management and organisational structure. On the basis of the provisions of section 3-3 and based on local conditions, the parties shall locally discuss the need for the number of union representatives and buy-out resources, including the possibility of additional resources for organisations with more members than specified   in section 3-3 c) (1) or (2). 

 

b)     It is crucial for success and efficiency that arrangements are established that provide the actors concerned with security for the current and future situation, so that efforts and abilities are stimulated in the best possible way. On the basis of such an acknowledgement, it follows that the schemes must be as inclusive as possible, so that the employees through their union representatives are provided with information as early as possible and as comprehensively as possible. There must also be security that information is provided both ways. Furthermore, the employees' interests must be safeguarded through their union representatives with arrangements for cooperation in processes.

 

Arrangements for co-determination are intended to ensure that the employee representatives are allowed to take part in decisions that affect the employees' conditions and contribute to binding the employees and their representatives in the development of the business. 

 

The schemes require that union representatives with full or partial buy-out use this time for union representative work in accordance with the Basic Agreement and in relation to members employed by the municipality/county municipality. 

 

c)     If, after discussion, the parties do not reach agreement locally on a buy-out scheme for employee representatives, the scope of the buy-out is based on the basis of the basis for discussion in section 3-3 a) and according to the following minimum allocation:

 

(1) Each organisation is allocated a full-time shop steward resource when they represent 375 members,

 

(2) or 275 members and these work in most areas of work and are divided into at least 15 professional/occupational groups.

Organisations with fewer members than specified in points (1) and (2) are allocated resources in the ratio between the number of members and 375 (1) or 275 (2), respectively.

On the basis of local conditions, cf. section 3-3 a), the local parties discuss the allocation of additional resources for organisations with more members than stated in points (1) and (2).

Organizations with more members than specified in (1) and (2) are assigned 1 additional full-time union representative resource when they represent an additional 475 members, then for an additional 575 members.

 

(3) The organisations within a bargaining association may locally choose to have a joint union representative. If this scheme is chosen, a full-time union representative resource is allocated when they represent 200 members.

 

Negotiating associations with fewer than 200 members are allocated resources in the ratio between the number of members and 200. 

 

The trade union/bargaining association allocates its allocated buy-out resources after discussions with the employer.

 

In this connection, consideration shall be given to the composition of the membership, the scope of the collective agreements, the organisation and geography of the municipality/county municipality. 

 

d)    The individual employee organisation has the right to elect/appoint a main union representative in each municipality/county municipality, cf., however, Section 2-3 of the HA Part B. 

 

e)     In addition to the scheme pursuant to section 3-3 d), the individual employee organisations are entitled to employee representatives in relation to the municipality's/county municipality's governance and organisational structure. The local parties shall discuss the need for the number of union representatives on the basis of this agreement. 

 

f)     A bargaining association that so wishes may have a joint union representative scheme. 

 

g)     The election of union representatives pursuant to this agreement must be notified in writing to the employer. A union representative's rights and obligations arise when notification has been received by the employer. 

 

h)     Employee organisations with at least 30 members in the relevant municipality/county municipality have the right to elect a committee of union representatives. As a general rule, the committee of union representatives should consist of three members. The Committee may, by agreement with the employer, hold its meetings during working hours, without deduction from salary. 

 

i)      Joint shop stewards and shop stewards from the trade unions that the joint shop steward represents constitute bargaining union committees, and may, by agreement with the employer, hold their meetings during working hours, without deduction from salary. 

 

j)       In connection with major restructuring/projects, the need for further buy-out of union representative resources shall be discussed. 

 

k)     The employer provides an office with up-to-date office technical equipment for the main union representative/joint union representative on full leave. For the main union representative/joint union representative who is not on full leave, the necessary office space must be provided as far as practically possible.

 

l)      Union representatives who have been granted full or partial leave in accordance with Section 3-3 c) are paid in accordance with the wage provisions of the Basic Collective Agreement proportionately. During leave to take over a position of trust, the employee in question retains his or her membership of the pension scheme. 

 

m)   A union representative who, after completing his or her assignment, returns to the agency/unit from which he or she is on leave, shall, if possible, return to the position he or she held before the leave. In the event of a change of position, a position lower than the one from which the leave has been granted shall under no circumstances be offered. Reasonable advancement must be taken into account that the person in question would have been able to expect if the leave had not been granted.

 

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Section 3-4     Right to time off from ordinary work

Union representatives are entitled to leave of absence to carry out their tasks. 

 

During the exercise of his or her activities as a union representative and during negotiations  and discussions with the employer, the union representative retains his or her salary. In this context, salary means ordinary salary, fixed annual amounts and variable supplements according to the established shift plan. 

 

The work as a union representative shall be discontinued in such a way that it causes as little inconvenience as possible to the course of the work. Absence must be agreed in advance with the immediate superior as far as possible. 

 

The work situation for union representatives who work according to a work plan, or whose work falls outside ordinary daytime working hours, shall, after discussions, be adapted so that they have the same working conditions and conditions as those with ordinary daytime working hours.

 

For union representatives who are summoned by the employer to meetings and local salary negotiations pursuant to HTA that fall outside the person's working hours, it is clarified whether the time spent is compensated with hourly pay or time off in lieu. 

 

In larger municipalities and county municipalities with such a spread of workplaces that this entails extensive travel for the employee representative, it may be agreed that such travel within a set limit shall be covered according to the rates in the travel regulations. Where the employer convenes a meeting, travel expenses must be covered according to the rates in the travel regulations.

 

Section 3-5     Leave of absence

An application for leave pursuant to Section 3-5 shall be documented with a summons.

 

a)     In the event of participation in and necessary preparation for local negotiations, leave with pay is granted. 

 

b)    In the event of participation in central negotiations, leave with pay is granted. 

 

c)     Leave with pay for up to 12 working days per year may not be denied without compelling reason for elected, permanent members who are to attend the meetings of a trade union.

 

  • governing (statutory) central bodies
  • governing (statutory) district/county bodies
  • supreme (statutory) body at district/county level
    • and also to elected members and delegates to attend the individual trade union organisation's/main organisation's highest body (national meetings/congresses, etc.)

 

Equal rights to leave may be granted to elected, permanent members of corresponding bodies in professional organisations organised as separate legal entities or national associations/national councils/vocational sections with at least 500 members. 

 

Equal rights to leave may be granted to elected, permanent members of corresponding bodies in the bargaining association. 

 

d)    An employee is entitled to leave without pay in order to take over positions of trust on a full-time or part-time basis in the employee organisation/bargaining association of which he or she is a member . 

 

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§ 3-6     Training of union representatives

Union representatives have the right to training that is important for their function as union representatives. 

 

The conditions must be arranged in such a way that the need for training of the employee organisation/bargaining association and the individual union representative is taken into account.

 

In the event of such training, leave of absence is granted with full or partial pay. For the main union representative/joint union representative, leave of absence with full pay is granted. In this context, salary means ordinary salary, fixed annual amounts and variable supplements according to the established shift plan. 

 

The union representative has the right and duty to participate in the general training that takes place for the person's occupational group in the municipality. 

 

§ 3-7     Employee representatives' protection against dismissal

Dismissal or dismissal of a union representative cannot take place without a factual reason and otherwise follows the provisions of the Working Environment Act. 

 

In the event of dismissal due to lack of work, in addition to seniority and other reasons that it is reasonable to take into account, emphasis must also be placed on the special position of a union representative in the municipality/county municipality. 

 

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§ 4        Joint committees

In all municipalities and county authorities, one or more multipartite committees shall be established to deal with matters concerning the relationship between the municipality or county municipality as employer and the employees, unless the parties agree that such matters shall be dealt with in a different manner. 

Reference is made to Section 5-11 of the Local Government Act. The multipartite committee proposes and considers general guidelines for the municipality's personnel policy, including measures for gender equality and inclusive working life. The Commission also discusses quality, renewal and development measures, follow-up and implementation of nationally adopted reforms. 

The employees shall be represented in this committee(s) by at least two representatives appointed by the employee organisations/bargaining associations in accordance with the principle of proportional representation. The quotient 1.4 is used as a dividing number, followed by odd 3, odd 5, etc. 

Bargaining associations locally that are not represented in the committee have the opportunity to participate with a permanent observer with the right to attend and speak. 

Regulations for the committee(s) are laid down by the municipality/county municipality.

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§ 5        Special for municipal/county municipal enterprises pursuant to Chapter 9 of the Local Government Act

a)     The municipal council/county council may, through the adoption of the enterprise's articles of association, delegate the responsibility for negotiations to the enterprise.

 

b)     Where the responsibility for negotiation has been delegated to the enterprise, cf. subsection (a), the negotiations shall be conducted between the enterprise's board/management and the employee representative in the enterprise, possibly with the assistance of the main employee representative in the municipality/county municipality. 

 

c)     The enterprise is not covered by new local special agreements entered into by the municipality/county municipality, unless the local parties in the enterprise decide otherwise. 

 

d)    Where the employees are represented on the enterprise's board of directors, Section 4 of Part B of the Basic Agreement does not apply. 

 

e)     When  calculating the resource of employee representatives in the municipality/county pursuant  to Section 3-3, employees of the enterprise are included.

 

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§ 6        Working environment committee

A working environment committee is established in accordance with Section 7-1 of the Working Environment Act with tasks in accordance with Section 7-2 of the Working Environment Act. If there is a need for more detailed guidelines for the working environment committee in addition to what follows from the provisions of the Act, this is determined through local regulations.

 

Employee representatives on the committee are appointed according to the principle of proportional representation. The quotient 1.4 is used as a dividing number, followed by odd 3, odd 5, etc.

 

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§ 7        Promote equality and prevent discrimination

The parties recognise the need for further work to promote gender equality and prevent discrimination. Diversity in the workforce and management team is important for utilising human and societal resources and promoting value creation. The parties assume that gender equality and non-discrimination work takes place in accordance with laws and regulations (the Equality and Anti-Discrimination Act and the Working Environment Act). The parties therefore recommend that the employer, as an integral part of its employer policy, place emphasis on the recruitment of employees with different backgrounds. 

 

It is an objective of the parties to:

 

  • All workers must be given equal opportunities for work and for personal and professional development
  • All workers must be given equal opportunities in terms of employment, pay, full-time employment, training and advancement
  • there must be no unjustified differential treatment in connection with restrictions and dismissal
  • More women are being recruited to senior positions
  • More men are being recruited to female-dominated occupations in the local government sector

 

The work to promote gender equality and to prevent discrimination locally is assigned to those who have the overall responsibility for employer policy in the individual municipality/county municipality. Managers and union representatives have a special responsibility for the ongoing gender equality and non-discrimination work. 

 

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§ 8        Layoffs

§ 8-1     Lay-offs

Layoffs can be made in the following cases:

 

a)     When a conflict involving some of the municipality's/county municipality's employees means that other employees cannot be employed in a rational manner. 

 

b)     When such unforeseen events have occurred as mentioned in Section 15-3 (10) of the Working Environment Act. 

 

§ 8-2     Notice of lay-off

a)     In the event of layoffs, at least 14 days' written notice must be given to the individual employees who are presumed to be laid off. The deadline is calculated from the end of working hours on the day the notice is given. 

 

b)    The deadline above does not apply where the layoff is due to an uncollective bargaining dispute within the municipality/county municipality. In such cases, however, the notice that is possible must be given.

 

c)     In the event of layoffs pursuant to Section 8-1 a), it shall be stated, as far as possible, which employees will be affected by the possible layoff. Those who are then to be laid off must be notified as far in advance as possible. 

 

d)    Before notice of layoffs is given, the issue must be discussed between the employer and the employee representatives. Signed minutes of the discussions must be drawn up. 

 

e)     Notice of lay-off shall state the probable length of the lay-off period. If possible, a time shall be set when the need for continued layoffs shall be discussed with the employee representatives. 

 

§ 8-3     Job protection of laid-off employees

A laid-off employee is still employed, and has the right and duty to start in the position again as long as the employment relationship has not been formally terminated. 

 

For employees in seasonal work or fixed-term assignments, reinstatement is conditional on the seasonal work or assignment not having expired. 

 

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§ 9        Trade union fees

If the individual employee organisation/union representative so wishes, deductions must be made from salary from trade union dues.

 

Part C

Independent legal entities with membership in Samfunnsbedriftene and energy utilities organised as municipal/county municipal enterprises pursuant to Chapter 9 of the Local Government Act

 

 

§ 1        Purpose, cooperation and co-determination

§ 1-1     Purpose

Through participation and cooperation, the employees shall, with their experience and insight, help create the financial conditions for the company's continued development, and for safe and good working conditions for the benefit of both the company and the employees. 

 

The parties agree that a good and trusting relationship between the company and the employees is a prerequisite for achieving this. 

§ 1-2     Cooperation

Conditions must be facilitated so that the individual employees, through their union representatives, can have a real influence on the company's general work by, among other things, increasing efficiency, reducing production costs, improving the company's competitiveness, exploiting new technology and carrying out the necessary restructuring. It is a joint duty of the company's management, the employees and their elected representatives to take the initiative and actively support and contribute to cooperation. 

 

The union representatives are recognised as representatives of the members of the relevant trade union organisation. The employee representatives have the right to bind the employees in matters that concern the entire workforce or groups of employees to the extent that a collective agreement or law does not prevent this. Employees, union representatives and employers have the right and duty to do their best to create good cooperation throughout the company and in the individual workplace. 

 

The objective is that any problems that may arise in the relationship between employer and employee will be resolved through the arrangement with the employee representatives. The parties therefore agree on the importance of a well-functioning union representative apparatus with clear lines and powers. The employee representatives shall have the conditions arranged so that they can carry out their duties in accordance with the guidelines laid down in this agreement. The right of co-determination must be exercised efficiently and rationally and be adapted to the company's organisation. 

 

The central parties, for their part, will jointly and separately support this work through various measures. 

 

The objective of this section is binding when it comes to cooperation within the company and shall also serve as a guide for the parties at the individual company in the organisation of the cooperation. 

 

Section 1-3     Forms of co-determination

Co-determination is exercised through representation on statutory committees and boards and through the system of employee representatives. 

 

§ 1-4     Organisation

The development of forms of co-determination and a better working environment in the company will require extensive decentralisation and delegation of decision-making authority within the company organisation, so that those who work within the individual department or working group are given greater access to make decisions themselves in their daily work. In the specific work on this, it is important to adapt the forms of cooperation and participation in the decision-making process to the nature and size of the company, etc. It is assumed that those who participate in decision-making processes at the various levels of the company have responsibilities, not only to owners or work colleagues, but also to the company as a whole. 

 

It is important to promote understanding of and insight into the company's finances.

 

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§ 2        Definitions

§ 2-1     Company

The companies that comply with Part C of this Agreement. 

 

§ 2-2     Employer

  • The board, the general manager or the person who has been delegated such authority
  • A person who, in the employer's place, manages the individual unit or department in accordance with given powers 

 

§ 2-3     Union representatives

An employee employed by the company and who has been elected or appointed by the members of his or her trade union organisation to carry out the duties set out in applicable legislation and this agreement, or in an agreement on a union representative scheme in the company. 

 

§ 2-4     Main union representative

Employee representatives employed by the company who are elected or appointed by the members of their employee organisation to coordinate and assist the employee representatives in their work with the company, cf. nevertheless Section 3-3. 

 

§ 2-5     Joint shop steward

An employee employed by the company who has been elected or appointed by a bargaining association in order to fulfil the responsibilities and tasks of the main union representative pursuant to this agreement, cf. Sections 2-4 and 3-3. 

 

§ 2-6     Group employee representative

Employee representatives from one of the Group's companies who are elected or appointed by the employees of the Group's companies to safeguard the employees' interests vis-à-vis the Group management in matters that are dealt with at Group level and that may be of importance to the employees of the Group as a whole, cf. Section 4. 

 

§ 2-7     Selection of union representatives

A committee elected by and among the union representatives.

 

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§ 3        The rights and obligations of   employee representatives and the company

The employer and the employee representatives must ensure that rights and obligations are complied with in accordance with the applicable collective agreement. Both have a mutual duty to do their best to create and maintain good cooperation in the workplace so that the parties can address and seek to resolve any problems or other issues in an open and constructive manner. 

 

§ 3-1     Employer's duties towards employee representatives

§ 3-1-1     Discussions on the company's ordinary operations and restructuring of operations

The company's management must discuss with the employee representatives as early as possible:

 

  • issues relating to the economic and production position and development of the enterprise
  • conditions that are directly related to the workplace and day-to-day operations
  • the general pay and working conditions at the company
  • changes of importance for workers and their working conditions
  • employment issues, including plans for expansions and reductions 

 

§ 3-1-2     Discussions on company law matters

The company's management must discuss with the main union representatives as early as possible:

 

  • merger, demerger, sale, total or partial closure or legal reorganisation of the business 

 

The company's management must arrange for a meeting between the main employee representatives and the new employer regarding the transfer and the position of the collective agreement. 

 

If the company is considering closing down the business, possible further operations, including whether the employees want to take over the company, must be discussed with the employee representatives. 

 

§ 3-1-3     Further information on discussions and information

a)     Before the company makes its decisions in matters concerning the employees' employment and working conditions,  the employee representatives shall be given the opportunity to present their views. In cases where the company management does not find that it can take into account the statements of the employee representatives, it shall give reasons for its view. From the discussions, minutes must be drawn up that are signed by both parties. 

 

b)    In cases concerning matters covered by Sections 3-1-2 and 9, employee representatives shall be informed of the reasons for the company's dispositions as well as the legal, financial and work-related consequences these must be assumed to have for the employees.

 

§ 3-1-4     Access to accounts and financial matters

The company's accounts must be submitted to the main employee representative on request.

 

The annual settlement must be submitted to the main union representative as soon as it has been determined.

 

The main union representative shall also be given access to matters relating to the company's financial situation to the extent that the main union representative needs such information to safeguard the interests of the members. 

 

§ 3-1-5     Information about appointments

The company must inform the union representatives as soon as possible about new appointments and let new employees know who the union representative is. 

 

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§ 3-2     The rights and obligations of union representatives

a)     Union representatives have the right to deal with and seek to settle amicably complaints that the individual employee believes he or she has against the company, or that the company believes it has against the individual employee. The employer must have a responsible representative present to whom the employee representatives can turn. The employer must notify the employee representatives in writing of the name of the representative and his/her deputy. If the representative is unable to make a decision on the enquiry immediately, but wishes to carry out further investigations, a response shall be given without undue delay. 

 

b)      The company's representatives and employee representatives shall be authorised to conduct genuine negotiations and discussions. 

 

c)     The employee representatives and the company's representatives have a duty to do their best to maintain a calm and good working relationship. 

 

d)    Union representatives shall neither incite nor contribute to illegal conflicts. 

 

e)     Union representatives must inform the employer of matters that will be of importance to the company. 

 

f) Union representatives have the right to comment on appointments, transfers, promotions and promotions to positions within their area.

 

g) The parties agree that the employee representatives shall be given the necessary time to perform their duties in accordance with this agreement. The work as a union representative shall be discontinued in such a way that it causes as little inconvenience as possible to the course of the work. Absence must be agreed in advance with the immediate superior as far as possible. 

 

During the exercise of his or her activities as a union representative and during negotiations and discussions with the employer, the union representative retains his or her salary. 

 

Local discussions may be held on whether necessary equipment should be made available to facilitate the work of union representatives. The discussions shall take into account the company's size, structure, form of operation, technical character and the like. For the main union representative, joint union representative and group employee representative on full leave, the company provides the necessary office with up-to-date office technical equipment. 

 

§ 3-3     The employee representative scheme

The individual employee organisation has the right to elect a main employee representative in the company, cf. nevertheless Section 2-4. 

 

If the size of the company and the division into larger business units make it natural, a local agreement may stipulate other representation and the right to full leave of absence for main union representatives, joint shop stewards and group shop stewards representing a certain number of employees. When assessing representation, the structure of the business organisation must also be taken into account. 

 

Where the joint union representative scheme can be used, these should be prioritised with regard to full leave. 

 

Employees who have a position as a senior manager in the company or who have a position in the human resources function may be requested by the company not to be elected as a union representative. 

 

All elections of employee representatives, main employee representatives and group employee representatives must be notified in writing to the company. Such notice must be given as soon as possible and no later than 8 days after the election.

 

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Section 3-4     Right to leave

Union representatives are granted paid leave for participation in and necessary preparation for local negotiations. 

 

Union representatives are granted paid leave of absence when participating in central negotiations. 

 

Union representatives have the right to training that is important for their function as union representatives. In the event of such training, leave of absence with full or partial pay is granted. For the main union representative, leave of absence with full pay is granted. 

 

Elected, permanent members who are to attend a trade union cannot without compelling reason be denied leave with pay for up to 12 working days per year. 

 

Leave of absence applies to meetings in:

 

  • governing (statutory) central bodies
  • governing (statutory) district or county bodies
  • supreme (statutory) body at district or county level 

 

The right to leave also includes elected members and delegates for meetings of the individual employee organisation or the main organisation's highest body (national meetings, congresses and the like). 

 

In addition to this right of leave, paid leave may be granted for participation in the corresponding bodies of a bargaining association. 

 

An application for leave of absence in accordance with this provision must be documented with a notice of a meeting. 

 

An employee is entitled to leave without pay in order to take over a full-time  position of trust in the employee organisation or bargaining association of which he or she is a member. 

 

§ 3-5     Employee representatives' protection against dismissal

Dismissal or dismissal of a union representative cannot take place without a factual reason and otherwise follows the provisions of the Working Environment Act. 

 

In the event of dismissal due to restrictions, in addition to seniority  and other reasons that it is reasonable to take into account, emphasis must also be placed on the special position of the employee representative in the company. 

 

§ 3-6     Selection of union representatives

Organisations with at least 30 members in the enterprise in question have the right to elect a selection of union representatives. 

 

As a general rule, the committee of union representatives should consist of three members. The committee shall coordinate the work of the employee representatives within the enterprise. 

 

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§ 4        Group provisions

§ 4-1     Definition - group

 

  1.  A parent company, together with one or more subsidiaries, constitutes a group. 

  2.  A company is a parent company if, by virtue of an agreement or as the owner of shares or shares, it has a controlling influence over another company. A company shall always be considered to have a controlling influence if the company:

    a) own so many shares or interests in another company that they represent the majority of the votes in the other company,   or

    b) has the right to elect or dismiss a majority of the members of the board of directors of the other company;   

  3. A company that is in relation as mentioned in the second paragraph to a parent company is considered a subsidiary.

  4. When calculating voting rights and rights to elect or appoint directors, rights held by the parent company and the parent company's subsidiaries shall be included. The same applies to rights held by someone acting in their own name, but on behalf of the parent company or a subsidiary.

 

§ 4-2     Group employee representatives and group committees

In groups with more than 200 employees, a group employee representative must be elected and a group committee established. In groups with fewer than 200 employees, a group employee representative may be elected and group committees may be established when the parties locally agree. 

 

§ 4-3     Election of group employee representative

Group employee representatives are elected from among the employees in the Group's businesses. If the parties have not agreed otherwise locally, group employee representatives are elected in accordance with the principle of proportional representation. 

 

§ 4-4     Group employee representatives - rights and obligations

The group employee representative shall safeguard the interests of the employees vis-à-vis the group management in matters that are dealt with at group level and that may be of importance to the employees of the group as a whole. The rights and obligations of group representatives at group level correspond to the rights and obligations of the main employee representatives at company level. The group employee representative shall not deal with issues related to salary and personnel matters, as such issues follow the individual organisation's party rights. The work of the group employee representative shall not interfere with or replace the rights and obligations of the parties at company level. 

 

Section 4-5     Discussions within a group

The parties agree that there may be a need to discuss matters mentioned in this agreement on a group basis. 

 

In groups where the cooperation works satisfactorily, the established forms of cooperation will continue to be built. 

 

In groups where there may be a need to improve the cooperation conditions/information procedure, the parties will recommend that consideration be given to how this can be done. 

 

This can be done, for example, by the group management and employee representatives holding one or more joint meetings per year, where matters of significant importance to the parties are discussed.

 

Plans for expansions, reductions or restructuring that may have a significant impact on employment in several companies within the same group shall be discussed as early as possible in joint meetings between the group management and employee representatives. 

 

§ 4-6     Group committees - composition

A group committee is a multipartite committee established at group level. The committee shall consist of the company's main employee representatives, group employee representatives and corporate management. 

 

§ 4-7     Group committees - tasks

The Group Committee discusses matters of common interest and exchanges mutual information on plans and decisions at Group level that are expected to have consequences for the Group's employees. The Group Committee conducts these discussions at least once a year. Locally, other similar forms of cooperation can be agreed.

 

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§ 5        Working environment committee

A working environment committee is established in accordance with Section 7-1 of the Working Environment Act, with tasks in accordance with Section 7-2. 

 

If there is a need for more detailed guidelines for the Working Environment Committee in addition to what follows from the Act's provision, this is determined through local regulations. 

 

Employee representatives on the committee are appointed according to the principle of proportional representation. The quotient 1.4 is used as a dividing number, followed by odd 3, odd 5, etc. 

 

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§ 6        Competence development

The parties recognise the great importance of increased expertise for the individual, the company and society. This applies to general education, vocational education, adult education, continuing education, competence-giving tasks and retraining. 

 

The parties would therefore like to emphasise the value of encouraging employees to increase their knowledge and strengthen their skills, and that companies place great emphasis on systematic training and development of their employees through external or internal offers.

 

The company must have a responsibility to map and analyse its competence needs based on its business idea and strategy. 

 

On the basis of the survey, competence-enhancing measures are being implemented. The company and the individual employee have a responsibility individually and jointly to safeguard competence development. 

 

Based on the identified needs, the company will cover the costs associated with the implementation of such training measures (salary, leave, etc.).  

 

Where the parties agree locally, the scope of training can be defined in more detail, with reference to the company's circumstances. 

 

The right to educational leave is regulated by Section 12-11 of the Working Environment Act. 

 

When education has value for both the employee and the company, full or partial leave should be granted, unless special reasons prevent it. 

 

The Parties agree that the intentions of this Declaration will be continuously and rapidly updated through the pace of technical development in the years ahead. Competence development through continuing education can be crucial for many companies, and the costs associated with it must be regarded as necessary investments. 

 

To the extent that, in the company's view, it is necessary to raise the level of knowledge and strengthen competence in order to perform work tasks and functions, costs in connection with this must be covered by the employer. 

 

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§ 7        Application and development of technology in the individual enterprise

It is in the interest of employees, companies and society that companies improve their ability to acquire, use and develop technology to promote the company's competitiveness.

 

The parties agree that the development of the company's technological environment must take place through cooperation between the employees and the company. Key topics in this regard are:

 

  • Digitalisation and technological development
  • Competence development
  • Organizational development

 

In order to identify problems and find appropriate working methods and methods for the development work, it may be useful to hold meetings between the company management and employee representatives in different departments and functional areas in the company. Once any problem areas have been mapped, it may be appropriate to organise further work in project or working groups in order to analyse the problems and present proposals for action plans or concrete measures that can be implemented. 

 

The development measures will vary from company to company, depending on the individual company's situation and needs. 

 

The management and employees of the company must jointly identify the areas that should be prioritised. The parties to this agreement will be able to provide advice and guidance in this work. 

 

On the basis of the demands that will be placed on the employees as a result of new technology, it is recommended that the parties in the company find appropriate forms of cooperation with particular emphasis on issues related to training and development opportunities for employees. 

 

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§ 8        Promote equality and prevent discrimination

The parties recognise the need for further work to promote gender equality and prevent discrimination. Diversity in the workforce and management team is important for utilising human and societal resources and promoting value creation. The parties assume that gender equality and non-discrimination work takes place in accordance with laws and regulations (the Equality and Anti-Discrimination Act and the Working Environment Act). The parties therefore recommend that the employer, as an integral part of its employer policy, places emphasis on the recruitment of employees with different backgrounds.

 

It is an objective of the parties to:

 

  • All workers must be given equal opportunities for work and for personal and professional development
  • All workers must be given equal opportunities in terms of employment, pay, full-time employment, training and advancement
  • there must be no unjustified differential treatment in connection with restrictions and dismissal
  • More women are being recruited to senior positions 

 

The work to promote gender equality and to prevent discrimination locally is assigned to those who have the overall responsibility for employer policy in the company. Managers and union representatives have a special responsibility for the ongoing gender equality and non-discrimination work. 

 

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§ 9        Lay-offs

§ 9-1     Conditions for layoffs

Layoffs can be made in the following cases:

 

a)     when a conflict involving some of the enterprise's employees means that other employees cannot be employed in a rational manner 

 

b)     when such unforeseen events have occurred as mentioned in Section 15-3 (10) of the Working Environment Act. 

 

c)     in enterprises organised as independent units and which operate fully in accordance with commercial principles and where unemployment benefit rights are granted, the employer may, by local agreement between the parties, lay off employees if the employee cannot be employed in a rational manner 

 

In such cases, the parties agree that rolling layoffs can be used. 

 

§ 9-2     Notice of lay-off

a)     In the event of layoffs, at least 14 days' written notice must be given to the individual employees who are presumed to be laid off. The deadline is calculated from the end of working hours on the day the notice is given.

 

b)    The deadline above does not apply where the layoff is due to an industrial dispute within the company. In such cases, however, the notice that is possible must be given. 

 

c)     In the event of layoffs pursuant to section 9-1 a), it shall, as far as possible, be stated which employees will be affected by the possible layoff. Those who are then to be laid off must be notified as far in advance as possible. 

 

d)    Before notice of layoffs is given, the issue must be discussed between the employer and the employee representatives. Signed minutes of the discussions must be drawn up. 

 

e)     Notice of lay-off shall state the probable length of the lay-off period. If possible, a time shall be set when the need for continued layoffs shall be discussed with the employee representatives. 

 

§ 9-3     Job protection of laid-off employees

A laid-off employee is still employed and has the right and duty to start in the position again as long as the employment relationship has not been formally terminated. 

 

For employees in seasonal work or fixed-term assignments, reinstatement is conditional on the seasonal work or assignment not having expired. 

 

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§ 10     Trade union fees

If the individual employee organisation/union representative so wishes, deductions must be made from salary from trade union dues. 

 

II To the minutes of the main agreement 2024 - 2025

 

1. Digital transformation

Digitalisation and new technology will help solve the local government sector's challenges in the future. This will require restructuring. When implementing and developing digital systems that will have an impact on the employees' work situation, the employer must inform, discuss and consult the employee representatives at the earliest possible time.  

 

Key cooperation between the parties on digitalisation: 

 

A central collaboration on digitalisation will be established between the Norwegian Association of Local and Regional Authorities (KS) and the negotiating associations. The objective is to find good solutions and arrangements for cooperation in the start-up and implementation of national digitalisation work. As part of the collaboration, an arena will be established between the parties for regular briefing on the national work, the needs of the parties and dialogue on relevant focus areas and measures. 

 

 

2. Central party work  

During the agreement period 1.1.2022 – 31.12.2023, the central parties have worked well together on the revision of the Main Agreement Guide and new joint training in the Basic Agreement. Well-functioning cooperation between the parties is a fundamental prerequisite for succeeding with the necessary restructuring in the local government sector. The main agreement is the basis for the cooperation between the parties. The central parties therefore have a joint responsibility for ensuring a timely and relevant Basic Agreement.  

 

By 1.7.2025, the central parties shall:

 

  • Discuss the need for development of union representatives' rights and framework conditions.
  • Review the Master Agreement and identify provisions that may be outdated or no longer relevant.
  • Discuss the practice of provisions in the Basic Agreement.
  • Assess the need for changes to the Basic Agreement.  

 

3. The union representative scheme  

 

The union representative scheme, including structure and buy-outs, is designed after genuine discussions with the union representatives; Part B of the Basic Agreement, Section 3-3 a) and b). The discussions are based, among other things, on an overview of the number of working members, the composition of the membership (complexity, number of occupational groups, working time arrangements, etc.), the scope of the collective agreements, geographical spread, local governance and organisational structure, and other local conditions such as municipal mergers and inter-municipal cooperation. Against this background, an effort shall be made to reach agreement on the need for the number of union representatives and buy-out resources and how the work situation for union representatives in rotation can be adapted to the position. The union representative scheme is written for the individual organisation and employer. The parties note that the need for further buy-outs, cf. Section 3-3 j) of Part B of the Basic Agreement shall be assessed in connection with major restructuring. The provisions of Section 3-3 c) 1, 2 and 3 are used in the event of local disagreement, and are considered to be dispute resolution.  

 

4. Leave of absence; Part B of the Basic Agreement, Section 3-6  

The parties agree that, as a general rule, leave of absence with full pay is granted to union representatives who participate in union representative training in the Basic Agreement, the Basic Collective Agreement, and associated special agreements and statutory provisions.  

 

5. The teaching staff  

The central parties agree that teaching staff have the right to elect union representatives in the workplace in accordance with the basis for discussion in Section 3-3 a) and b) of Part B of the Basic Agreement when an employee organisation has more than one member in the workplace; Part B of the Basic Agreement § 2-2 

 

6. Regional and municipal reform  

Several municipalities and county authorities are still undergoing restructuring following changes in municipal structure and regional reform, and now also reversals of such processes. It is important to have a predictable and well-known framework for representative cooperation between the parties in these restructuring processes.  

 

The parties refer to Section 4 of the Basic Agreement Part B and emphasise the importance of well-functioning multipartite committees, cf. Section 26 of the Subdivision Act, cf. Section 5-11 of the Local Government Act. In light of this, the parties recommend that the need for formal participation (right to attend, speak and make proposals) in the committee be considered for all negotiating associations during the restructuring period.  

 

The parties agree that organisations from all the negotiating associations affected shall, as a general rule, be represented in administrative working groups/ad hoc groups; Section 1-3 of the Basic Agreement, Part B. These representatives are responsible for informing and coordinating any input from other organisations within the same negotiating association.  

 

7. Climate and environment  

With reference to the purpose of the Basic Agreement, paragraph 3, the local parties discuss climate and environmental measures in the municipality/county municipality/company.  

 

8. The activity and reporting obligation (ARP)  

The parties refer to the fact that the duty to take action in section 26, second paragraph, of the Equality and Anti-Discrimination Act shall take place in cooperation with the employees' representatives.  

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