Collective agreements - private sector

Collective agreement NITO - Virke 2024-2026

Here you will find NITO's collective agreement with the employers' association NHO. 

Translated by AI

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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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Table of contents 

Chapter 1: Scope and scope

1-1. Scope of application

This collective agreement is made applicable to members of NITO in companies affiliated with Virke at the request of NITO or VIRKE. This assumes that the employee satisfies NITO's educational requirements and that the education is relevant to the position.

Members of NITO who are the company's representatives in determining general pay and working conditions may be exempt from the collective agreement.

If doubt arises at the individual company as to whether a member of NITO can be exempted, the question must be submitted to VIRKE and NITO for a decision.

In companies where the collective agreement has been made applicable, and a company group has been formed, the employee representatives of the group are obliged to notify the company in writing of any changes in the composition of the group.

On request, the employee representatives for NITO must be provided with a list of new employees within the collective agreement area at the company every quarter.

1-2. Establishment of a company group

A company group can be formed in companies where NITO has 3 or more members who are covered by this agreement.

1-3. Agreement creation

A request for the establishment of an agreement must be submitted to the organisation in question (VIRKE/NITO). If the claim comes from NITO, it must be stated whether a company group has been formed, who has been elected as leader of the group, and a list of names of the members of NITO that the organisation will have assigned under the agreement must be attached.

If the company objects to the collective agreement being made applicable to some of the persons covered by the claim, the objections must be submitted within 1 month from receipt of the claim.

If a claim has been made pursuant to section 1-1 and the conditions for the establishment of collective agreements are met, the agreement shall enter into force from the date on which the claim is submitted. The parties may agree on a different time.

If the agreement requirement applies to fewer than three members of NITO, each of the parties may require a meeting to discuss the situation. Instead of creating an agreement, it can be agreed that relevant provisions in the collective agreement are practiced for the individual.

1-4. Lapse of collective agreement

The collective agreement automatically lapses for those companies where NITO no longer has members at the end of the agreement, or where the company has been withdrawn from VIRKE. The organisations are obliged to keep each other informed of circumstances that result in the termination of the collective agreement in accordance with the above.

If NITO does not have members in the company, NITO and Virke can agree on the termination of the collective agreement during the period.

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Chapter 2: Working time regulations

2-1. Maximum working time length

The effective ordinary working hours shall not exceed 37.5 hours per week on average.

This provision does not provide a legal basis for extending the working hours of NITO's members who, under normal circumstances, previously have a working time shorter than 37 1/2 hours per week.

Reference is made to the appendix on "Reduction of working hours from 1/1-1987", see appendix 5.

2-2. Working hours in shifts

For shifts/shift work, the average maximum working hours shall follow Appendix 5, "Reduction of working hours from 1 January 1987".

2-3. Working hours on Christmas Eve and New Year's Eve

The working hours on Christmas Eve and New Year's Eve must be as determined for other comparable groups in the company. This provision does not apply if operational considerations make it necessary for the employee in question to be present beyond this time. This provision does not apply to employees who work in shifts.

2-4. Remuneration for overtime work for employees who are entitled to overtime pay (cf. AML Chapter 10)

Overtime work is considered work that is required to be performed outside the individual employee's stipulated ordinary working hours in addition to the working hours that apply to full-time employees.

For overtime work, an hourly wage + an overtime supplement determined as a percentage of the hourly wage is paid per hour.

In the event of a new attendance for overtime after ordinary working hours, payment must be made for at least 2 hours.

The hourly wage for the individual is found by dividing his or her monthly salary by the number of hours that emerges by multiplying the determined average ordinary weekly working hours by 4 1/3, or the person's 4-week salary by the number of hours that emerges by multiplying the determined average ordinary weekly working hours by 4.

The individual's hourly wage for monthly paid employees is calculated as follows:

Monthly salary

Average weekly, ordinary working hours * 4 1/3

The individual's hourly wage when paid after the 4-week period is calculated as follows:

Monthly salary

Average weekly, ordinary working hours * 4

2-5. Overtime pay as a fixed agreed supplement to ordinary salary

Remuneration for overtime cannot be included in the fixed ordinary salary.

However, the individual member of NITO may agree with the company that overtime pay shall be paid as a fixed monthly, quarterly or annual supplement to ordinary salary. Such agreements should be entered into in writing.

If the actual overtime imposed over the year exceeds the fixed remuneration, the person in question is entitled to an additional supplement for excess time.

For travelling employees who do not fall under the provisions of the Working Environment Act on working hours/overtime pursuant to Chapter 10 of the Act, the parties assume that the issue of regulation of working hours and overtime is sought to be resolved through local agreements.

The above provisions do not apply to employees who fall outside the scope of Chapter 10 of the Working Environment Act; Section 10-12.

If an employee is exempted from Chapter 10 of the Working Environment Act with reference to Section 10-12, Item 1 or 2, a written justification shall be provided upon request. When hiring new graduates, the reason should be given unsolicited.

The employee representatives may request the company to provide an account of how Section 10-12 of the Working Environment Act is practiced in relation to the individual NITO member.

2-6. Overtime supplements

Overtime supplement is paid at 100%:

after 21:00 and before 08:00, provided that this has started before 06:00
after the end of ordinary working hours on days before a Sunday or public holiday
after 12:00 on Saturdays with a 5 day week
on Sundays, holidays or public holidays

Where the overtime work is carried out on non-working Saturdays in accordance with the established division of working hours, they run 100% after the end of the ordinary working hours on Saturdays for the group of salaried employees in question.

The provision of 100% overtime supplement for work after 21:00 does not apply to shift-based salaried employees.

For overtime at other times, the supplement is 50%.

Part-time employees receive overtime pay if they work beyond their agreed working hours when they work in excess of 37.5 hours in a given week or the total working hours on a given day exceed 9 hours.

If other groups of employees in the company are paid an overtime supplement at a higher rate, or a higher rate is given from an earlier date, the same rate shall be granted to NITO's members.

2-7. Time off in lieu and overtime

Imposed overtime can be compensated with free time by agreement between the individual employee and the company's management. Time off in lieu is made hour by hour. Overtime supplements must be paid in any case. The employer must make arrangements for accrued leisure time to be taken in lieu.

Remark:
The employer and employee should clarify as early as possible when time off in lieu, or make a plan for time off in lieu, will take place.

2-8. Food allowance for overtime work

NITO's members shall have the same right to meals or food allowance in the event of overtime work as other groups of employees at the company.

2-9. ON-CALL DUTY OUTSIDE THE WORKPLACE – ORGANISATION AND REMUNERATION 

The employer must confer with employee representatives when the company plans to introduce or reorganise the home watch scheme.

If an employee is required to be on standby duty outside ordinary working hours, a special agreement must be made with the company on remuneration for such shifts.

(For the Minutes: The change is of a linguistic nature and does not entail a need for changes to existing local schemes).


2-10. SHIFT WORK – ORGANIZATION AND REMUNERATION

The employer must confer with employee representatives when the company plans to introduce or restructure a shift work scheme.

Where the employee participates in shift work for which no compensation has been given, a special agreement must be made on shift compensation.

The amount of shift remuneration shall be determined taking into account corresponding remuneration for other groups of employees in the enterprise.

2-11. TRAVEL IN THE SERVICE OF THE COMPANY

1. Mandatory travel during leisure

In the event of mandatory travel activities that fall outside ordinary working hours, local negotiations shall be conducted as to whether and to what extent compensation shall be given for such travel.

Minutes of the proceedings are drawn up.

In companies with a company group, the agreement can take the form of a special agreement.

2. Coverage of travel expenses

During travel in the company's service, the employee's travel and subsistence expenses are covered in accordance with the travel regulations in force at the company at any given time.

Where the company does not have such travel regulations, travel and subsistence expenses are reimbursed according to invoice or a special agreement.

An employee cannot be ordered to advance costs associated with travel in the service of the company.

2-12. ACCESSIBILITY TECHNOLOGY

NITO and Virke agree that accessibility technology can affect the relationship between working hours and leisure time.

The parties are therefore encouraged to discuss the framework for the use of such technology. Such discussions may include, among other things:

  • Employer's expectations
  • Remuneration for mandatory work outside ordinary working hours

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Chapter 3: Salary assessment/salary adjustment

3-1. GENERAL CONDITIONS – LOCAL NEGOTIATIONS

Once a year, an assessment and possible adjustment of individual wages shall be made on the basis of the company's financial position, productivity development, competitive situation, etc. Any regulation that may result from the assessment shall apply from a pre-selected date.

The salary level for a company's members of NITO shall be adapted to company, industry and local conditions, taking into account the general salary level for corresponding salaried employees.

NITO's salary statistics are one of several relevant factors when conducting local wage negotiations.

Financial figures shall, unless there are special reasons, be described so that they can be compared from year to year (cf. Chapter 8-3 of the Basic Agreement). The local parties shall, in the run-up to the negotiations, seek to arrive at a common understanding of how the criteria in paragraphs 1 and 2 are to be understood.

3-2. INDIVIDUAL CIRCUMSTANCES

The salary for each NITO member is determined as annual salary, or monthly salary.

The company must determine the individual members' salary individually after an objective assessment of competence, skill, performance and the position's area of responsibility and work. In this assessment, no discrimination shall be made on the basis of gender. Additional criteria may be determined by the company after discussions with the employee representatives.

In connection with the local wage negotiations, the company must also carry out a salary assessment of employees who are absent due to parental leave and long-term illness.

In the company's assessment, it must be taken into account that younger employees normally have a rapid growth in skills.

Individual salary determination requires a salary development discussion between manager and employee. The salary development discussion can be part of other established conversations between manager and employee.

The manager must provide the employee with feedback on the assessment that has been made, the reasons for this and any salary consequences. The employee must be given the opportunity to comment on the assessment. The local parties are recommended to discuss criteria for use in the individual wage determination.

When assessing individual salaries, account shall be taken of both the development in NITO members' salaries in general that must be expected in each year, as well as the change that has taken place with regard to the individual's competence.

Union representative work can provide qualifications that are included in this assessment.

Wage differentiation between employees in a company shall be endeavoured to be carried out as fairly as possible, taking into account the guidelines for individual wage determination set out above.

If one of the parties at the company uncovers wage imbalances, the need for additional regulation shall be discussed. Any adjustments are made outside the annual salary settlement.


3-3. COMPANIES WITH A COMPANY GROUP

1. Processing of general salary issues

Before the company determines the annual salary adjustment, real negotiations on the average salary adjustment must be held between the company and the company group's representatives, cf. Section 3-1.

Minutes of the meetings must be drawn up.

VIRKE and NITO recommend that these negotiations take place by 15 September.

On request, union representatives shall be provided:

  • list of  the group's members where the individual salaries appear.
  • any other salary information that the parties agree on.

The company's accounts and plans must be presented. See also Chapter 8-3 of the Basic Agreement.

The union representatives must be given the opportunity to familiarise themselves with the material that is presented.

In connection with the preparations for the local wage negotiations in the company, NITO's company group may demand information about how the company's wage policy and salary system are practiced, and how this affects the wage development of different groups.

On request, union representatives shall be provided with the necessary information to be able to verify the outcome of the negotiations.

2. Disagreement on salary adjustment for the company group

If the company group does not agree with the average regulation, and the disagreement cannot be resolved locally, the matter can be brought before NITO, which will take a position on whether the salary conditions for the company group should be taken up for organisational consideration between NITO and VIRKE.

In all cases, the company must implement the regulations.

3. Handling payroll disputes

If NITO requests VIRKE for organisational processing and a negotiation meeting on the pay conditions for a company group, the necessary information, including protocols, must be attached. Reference is made to Appendix 1.

The organisational processing shall be carried out as soon as possible after a request to this effect has been submitted. The dispute proceedings must be completed no later than 15 December. The dispute cases must be submitted to Virke by 15 October. In special cases, the central parties may agree to change the deadline or process individual cases after the deadline. 

3-4. COMPANIES WITHOUT A COMPANY GROUP

1. Processing of general salary issues

Each member or a representative of NITO's members in the company has the right to present the members' views before the annual salary assessment/adjustment is made by the company's management.

2. Treatment of individual circumstances

NITO has the right to contact companies covered by the Agreement in writing regarding matters regulated therein, the member's individual terms of employment, as well as placement in a statistical group. A copy of NITO's inquiry must be sent to VIRKE.

3-5. OTHER PROVISIONS

1. Right of appeal in the event of unreasonableness for individual members

If the individual NITO member believes that unreasonableness exists, which provides grounds for a reassessment of the person's salary or other conditions, the employee representative may take up the matter on his or her behalf after the person in question has sought to resolve his or her case by contacting his or her immediate superior directly.

If the individual salaried employee receives a low or no pay increase, the company shall, in agreement with the employee representatives, seek to reach an agreement with the individual, possibly together with the employee representative, on possible measures to improve the person's salary development.

2. Change of position

In the event of a change of position or a permanent significant change in the scope of work of the position – including a change in the length of working hours – a salary assessment must be made for the employee in question based on the new changed position.

A change of position must be discussed with the employee in question, so that it is possible to notify the employee before the position is taken up.
The new salary shall be made effective from the date of the change of position.

3. Working conditions and remuneration for temporary positions in a higher position

In the case of a temporary position with more qualified and responsible work that lasts more than 3 consecutive weeks (not holiday substitute), the company must provide the person in question with a remuneration based on the position/work's requirements.

As a general rule, remuneration must be determined before the temporary position begins. If this cannot be done, it must be done as soon as possible thereafter. Any other changes in terms of employment shall, as far as practicable, be clarified with the person in question before taking up the position.

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Chapter 4: Miscellaneous provisions

4-1. LOCAL SPECIAL AGREEMENTS

The agreement is a framework agreement. It is the intention of the parties that the Agreement is supplemented by the use of special agreements. Either party may demand negotiations on the establishment of a special agreement.

4-2. SALARY PAYMENT

Salaries are paid every 15th and last of the month. If the days mentioned are on a public holiday, payment will be made on the nearest previous working day. The company and the employee representatives can agree that salary payments should be made at other times.

4-3. DECLARATION ON STATISTICAL COOPERATION

The parties acknowledge the importance of cooperating on salary statistics in order to clarify the salary level for NITO's members.

The parties therefore declare the necessity of providing the best possible statistical material.

The more detailed guidelines for statistical cooperation, including rules for group divisions and placements, are drawn up in a separate agreement. See Appendix 2.

4-4. ADMINISTRATIVE PROVISIONS

Before the company takes a position on changes to regulations or established practice that also affect members of NITO, the matter must be discussed with the employee representatives.

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Chapter 5: Benefits of a social nature

5-1. BENEFITS DURING ILLNESS

During illness that is legitimised by a medical certificate, the employee is entitled to full salary less the National Insurance Scheme's sickness benefit for at least 3 months during the last 12 months.

If the company so requires, the salaried employees are obliged to be examined by a doctor appointed by the company. This survey is done at the company's expense.

Where a pension or similar social security scheme has been implemented, the right to salary in accordance with the above rules ceases from the date on which the pension or social security benefits enter into force.

An employee who is prevented from attending work due to illness is obliged to notify the company of this without undue delay, and with information about the likely duration of the absence.

In the event of sick leave lasting more than 3 months, the employee shall, as far as possible, notify the company of the return with at least 14 days' notice.

5-2. BENEFITS FOR SURVIVORS

When an employee who has been employed by the same company for at least 3 years dies, the company must pay a spouse/registered partner, children or other persons who, according to the Tax Act, were to be regarded as dependents of the deceased, an amount corresponding to full salary for 2 months. The same applies to the deceased's cohabitant. Cohabitant means a person who has had the same residence as the employee for at least 2 years, and who has been registered in the National Population Register at the same place of residence as the employee for the same period.

Benefits that accrue to the survivors:

  • from private occupational pension schemes, group life insurance and other similar social security schemes, where the premium is paid in whole or in part by the company, and
  • pursuant to the National Insurance Act of 28 February 1997, however, the lump-sum benefit pursuant to Chapter 7 of the Act will not be deducted from the amount.

5-3. MILITARY SERVICE BENEFITS

1. After 6 months of employment as a salaried employee in 50% or more of a full-time position, such an employee who is ordered to military service is entitled to the following salary, which is paid during the period of service:

a) For total initial service - half salary for up to 3 months less the remuneration the person in question receives from the public sector, excluding family allowance.

Total initial service is also considered to be divided into 3 months of recruit school and later service within the framework of ordinary initial service in the Armed Forces, e.g. 12 months.

For later service - full salary for up to 1 month less the remuneration the person receives from the public sector, including family allowance.

2. Military service cannot be used as a reason for dismissal.

3. A prerequisite for salary to be paid during military service is that the salaried employee works for at least 3 months in the company immediately after completing military service. If the salaried employee resigns after his or her own resignation within 3 months, the company has the right to set off any receivables he or she may have in the company.

4. The above provisions shall also apply to employees who are ordered to ordinary compulsory service in the Home Guard, the Civil Defence or the Police Reserve.

5-4. HOLIDAY AND HOLIDAY ALLOWANCE

Holiday and holiday allowance are paid in accordance with the provisions of the Holiday Actand Appendix 6 of the Agreement.

5-5. SHORT WELFARE LEAVES

If provisions have been laid down regarding short welfare leave for employees in the individual company, these must also be practised for NITO's members.

5-6. CARE LEAVE

The company covers ordinary salary during the leave period for employees who are granted care leave in accordance with section 12-3 of the Act.

5-7. INFORMATION AND DEVELOPMENT FUND

VIRKE and NITO have agreed to establish a fund whose purpose is to implement or support measures to promote information and education in Norwegian working life, primarily on issues that are of importance to NITO's members and their relationship with the company.

The agreement is considered part of this Agreement, and the text is included in its entirety as Appendix 3.

5-8. DISCUSSIONS ON PENSIONS, ETC.

When changes to pension and insurance schemes are considered, the financial consequences for the employees must also be discussed.

When switching from defined-benefit to defined-contribution pension schemes, it is important to have realistic calculations of the financial consequences.

5-9. ELECTRONIC COMMUNICATIONS

When electronic means of communication (e.g. mobile phones, internet and the like) must be used after the end of working hours following an order from the employer, necessary expenses are covered by further agreement.

5-10. LIFE-PHASE POLICY

Virke and NITO recommend that a life-phase policy be drawn up, recommendations for this are discussed in Appendix 7 to the agreement.

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CHAPTER 6: Entry into force and duration of the agreement

The agreement enters into force on 1 June 2024 and applies until 31 May 2026 and further 1 - one - year at a time unless one of the parties terminates it in writing with 2 - two months' notice.

Voucher

APPENDIX 1:  Guidelines for Organizational Meetings

1. OBJECTIVE

On the basis of the provisions in Chapter 3 of the Collective Agreement, the objective of the organisational meeting will be to find a solution to the local wage dispute.

The time and place of the meeting must be adapted to this objective. The parties meet physically, unless there are special reasons, or the central parties agree otherwise.  On this occasion, it may often be appropriate for the meeting to take place outside the company's premises.

2. PARTICIPANTS

Local representatives:

  • Corporate management
  • Union representatives for the company's NITO group

Key parties:

  • One or more dealers from VIRKE
  • One or more dealers from NITO

3. CONDUCT OF THE MEETING

a) The basis for the meeting is the local protocol.

b) The parties' claims and offers, and any adjustments/changes to these.

c) The local parties each account for the process leading to the conclusions of the offer/claim.

The report shall include the following:

  • What background material and other information has been presented.
  • Whether real negotiations have been conducted and whether the parties have shown a willingness to reach a result.
  • Review of the factors to be emphasised in accordance with Chapter 3 of the Agreement.

d) Ensure that the parties have the same understanding of the facts.

e) The central parties shall in particular emphasise the importance of an exchange of information between the local parties during the year, in accordance with Chapter VIII of the Basic Agreement.

4. RESOLUTION OF THE DISPUTE

On the basis of the information that has emerged, the central parties shall influence the local parties to find a solution to the local wage dispute in accordance with the criteria set out in Section 3-1 of the Collective Agreement.

If the parties do not agree otherwise, the meeting shall be conducted in such a way that there is first a review of the points mentioned in item 3 with all the participants mentioned in item 2.

The local parties will then discuss the matter in a special meeting, based on recommendations and advice from the central representatives. A summary and conclusion of the meeting, with the setting up of minutes, must take place with all participants.

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Appendix 2: Placement in job groups – Agreement on statistical cooperation

1. VIRKE and NITO will use the job categories agreed upon by the parties in their annual statistics, based on the salary surveys on 1 October each year.

The parties set a date by which any changes to the group placements must be presented.

2. The company shall place the individual NITO member in the statistical group to which he or she belongs according to his or her position. Union representatives must be informed of the placement and have the right to address the placements that they believe to be incorrect.

3. On the recommendation of one of the parties (the company/company group), VIRKE and NITO have the right to take up placements in the individual company and jointly change these. When assessing the placements, the organisations will only assess the individual position in relation to the group definition with a view to the statistically correct possible placement. In the event of a dispute about placement, there must be an account of the area of work and responsibility of the position in question at any meetings with the organisations.

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Appendix 3: Agreement on information and development fund established between Virke and NITO

§ 1 – PURPOSE

The purpose of the fund is to implement or support measures to promote information and education in Norwegian working life.

§ 2 – POLICY INSTRUMENTS

The information and education measures, including courses and school activities, shall aim, among other things:

  1. A modern union representative training with particular emphasis on rationalization, safety work, productivity, finances and cooperation issues.
  2. Training of business managers and employees in the same subjects as mentioned in section 1.
  3. Preparation, facilitation and development of training measures.
  4. Promotion of healthy and correct rationalization with a view to increased productivity.
  5. Promoting good cooperation within the individual company.

§ 3 – FINANCING

By 1 October each year, the employer pays NOK 414 for each member who is covered by the Agreement with NITO and employed as of 01 September.

The funds are collected by Virke and paid to NITO. The employee deduction will be NOK. 84.50 per half year.

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Appendix 4: Agreement on a new AFP scheme

1 Introduction

In connection with the 1988 wage settlement, the contractual early retirement pension scheme (AFP) was established, with the aim of giving employees in companies bound by collective agreements the opportunity, in accordance with further rules, to retire with early retirement before reaching retirement age under the National Insurance Scheme.

The Storting's decision on a new retirement pension in the National Insurance Scheme from 2010 (postponed to 2011) assumed that other parts of the pension system would be adapted to the new reform.

Against this background, the Norwegian Confederation of Trade Unions (LO) and the Confederation of Norwegian Enterprise (NHO) agreed in the 2008 collective agreement that the old AFP scheme should be replaced by a new AFP scheme adapted to the regulations of the new retirement pension in the National Insurance Scheme.

The parties have taken as their basis the Government's position that AFP early retirement pension should be continued in the form of a neutral lifelong supplement to the retirement pension in the National Insurance Scheme. The optional date of withdrawal is generally from the age of 62, and the monthly pension payments are reduced in the event of early withdrawal and increase in the event of later withdrawal.  With such a design, AFP, together with the new retirement pension in the National Insurance Scheme, will contribute to achieving the key objectives of the pension reform.

The state provides ongoing subsidies related to the AFP scheme to employees/pensioners corresponding to half of the benefit from the employers, excluding expenses for the compensation supplement, which is fully financed by the state.

2 Articles of association

This agreement does not regulate in detail all conditions, rights and obligations related to AFP. This is stipulated through the scheme's articles of association, which are laid down by the Board of the Joint Scheme for Contractual Pensions (AFP) and approved by the Ministry of Labour pursuant to the AFP Supplementary Pension Act of 2010.

Detailed rules for both the original AFP early retirement pension and the new AFP early retirement pension are laid down in these statutes. Relevant companies must at all times keep up to date with regard to the obligations incumbent on the company The articles of association also contain certain special rules that may mean that the individual employee is not entitled to AFP.

The statutes in force at any given time can be found on www.afp.no.

3 Original AFP scheme

The original AFP early retirement pension is granted to employees who have submitted an application for such a pension before 31 December 2010 and who meet the conditions at the time of effect. The latest effective date for the original AFP early retirement pension is 1 December 2010. The original AFP early retirement pension runs up to and including the month in which the pension recipient turns 67.

A person who has started to take out the original AFP early retirement pension (in whole or in part) cannot later claim to take out a new AFP early retirement pension.

4 New AFP scheme

A new AFP early retirement pension is granted to employees born in 1944 or later and who are granted AFP early retirement pension with effect from 1 January 2011. The scheme will be established as a joint scheme in the private sector.

A new AFP early retirement pension must be taken out before the age of 70 together with a retirement pension from the National Insurance Scheme.

5 Conditions for obtaining a new AFP early retirement pension (Main points, see also the articles of association)

In order to be eligible for a new AFP early retirement pension, the employee must be and for the last three years prior to this date have been continuously employed and a genuine employee in an enterprise covered by the scheme.

At the time of withdrawal, the employee must also have a pensionable income that, converted to annual income, exceeds the applicable National Insurance basic amount and have had an income above the average basic amount in the previous income year.

Furthermore, an employee born in 1955 or later must for at least 7 of the last 9 years before the age of 62
(the period of seniority) may have been covered by the scheme in the event of employment in one or more enterprises that were members of the Joint Scheme at the time the seniority was accrued. For employees born in 1944 to 1951, the seniority requirement is 3 of the last 5 years. For employees born in the years 1952 to 1954, both figures are increased by one year for each year they are born after 1951. During the period of seniority, the employment must have been the employee's main occupation and have provided the employee with a pensionable income that is higher than the employee's other income.

See also the articles of association (www.afp.no) regarding special provisions on full-time equivalents, sickness, lay-offs, leave, employer's bankruptcy, other income, other pensions received in employment, redundancy pay, ownership interest in the enterprise, ownership interest in other activities, etc.

Employees who have a lower retirement age or age limit than 62 years cannot be covered by the scheme.

6 The pension level in the new AFP scheme

AFP is calculated at 0.314 per cent of annual pensionable income up to and including the calendar year in which the employee turned 61 and up to an upper limit of 7.1 G. Pensionable income is determined in the same way as when calculating income pension in the National Insurance Scheme's retirement pension.

AFP early retirement pension is paid as a lifelong supplement to the retirement pension.

AFP early retirement pension is designed neutrally so that it increases at a later date. AFP is not increased further when drawing after 70 years. The same life expectancy adjustment as for retirement pension from the National Insurance Scheme is used when calculating AFP.

Employment income can be combined with AFP early retirement pension and retirement pension from the National Insurance Scheme without any reduction in any of the benefits.

AFP early retirement pension is regulated in the same way as income pension in the new retirement pension in the National Insurance Scheme, both during accrual and payment.

7 The new AFP scheme will be financed in the following way:

The costs of AFP early retirement pension are financed by the enterprises, or parts of the enterprises, that are or have been members of the Joint Scheme, and the state makes a contribution related to the individual pensioner. 

The state provides contributions to AFP. Until 31 December 2010, the rules in Act No. 110 of 23 December 1988 apply and from 1 January 2011 the rules in the AFP Supplementary Pension Act.

The compensation supplement for the new AFP early retirement pension is covered in full by the state.

The enterprises pay premiums to the Joint Scheme to cover the part of the expenses that are not covered by the state's contribution. Further provisions on premium payment are laid down in the articles of association for the Joint Scheme for Contractual Early Retirement Pension (AFP) and in the Joint Scheme's board decision.

In the period 2011 to 2015, there will be people who receive original AFP, and during this period, companies that were part of the original AFP scheme will have to pay premiums to this, as well as a user fee for their own employees who have taken out original AFP. Premiums and user fees are determined by the Board of the Joint Scheme.

For the new AFP, the enterprises must pay a premium for employees and others who have received salary and other remuneration that is reported under code 111-A in the Directorate of Taxes' code overview.  The premium shall constitute a percentage of the total payments from the enterprise in accordance with the enterprise's reporting under code 111-A. The enterprise shall only pay a premium on the part of the payments to the individual in the previous income year that is between 1 and 7.1 times the average basic amount.

Premiums are paid for up to and including the year in which the member of the scheme turns 61 years of age. 

8

In addition to collective bargaining agreements in Virke, the agreement must also be made applicable to companies outside Virke that have a collective agreement with unions affiliated to the Norwegian Confederation of Trade Unions (LO) or the Confederation of Vocational Unions (YS).

Updated articles of association and other information about the LO/NHO schemes can be found at: www.afp.no.

Articles of association can also be obtained by contacting Virke.

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Appendix 5: The hardship arrangement between the Norwegian Confederation of Trade Unions in Norway and the Confederation of Professional Organisations

§ 1 Background and purpose

In the 2018 collective agreement, the Confederation of Norwegian Enterprise (NHO), the Norwegian Confederation of Trade Unions (LO) and the Confederation of Vocational Unions (YS) agreed that the Severance Pay Agreement between the Confederation of Norwegian Enterprise (NHO) and the Confederation of Trade Unions (LO) should be terminated and that the available capital in the Severance Pay Scheme should be transferred to a new Severance Pay Scheme established by the Norwegian Confederation of Trade Unions (LO) and the Confederation of Labour (YS).

The purpose of the Struggling Scheme is to provide an extra benefit to those who retire with AFP at the age of 62, 63 or 64 without employment income on the side.

This protocol (the Struggle Appendix) replaces the minutes from the 2018 settlement

§ 2 Establishment

The hardship scheme is established between the LO and YS as a separate legal entity. Through  the establishment of the Struggle Scheme, LO and YS will fulfil their tariff obligation pursuant to section 3.

The Norwegian Confederation of Trade Unions (LO) and the Confederation of Labour (YS) agree, within the framework of this appendix, the detailed rights and obligations of the individual employee in relation to the Hardship Scheme.

The current regulations for hardship supplement are available on the Struggling Scheme's website, see www.sliterordningen.no.

The hardship scheme will be established with effect from 01.01.2019. The hardship scheme can leave the administration in whole or in part to the Joint Scheme for Contractual Pensions.

From the same date, the Severance Pay Scheme will be closed for the granting of new payments and the obligation to pay premiums will cease. The severance pay scheme will remain in place until obligations incurred up to 31.12.2018 have been paid.

The hardship scheme is intended to inform NHO of the changes made to the regulations related to the scheme.

§ 3 Collective agreements with Srippbilag

The Norwegian Confederation of Trade Unions (LO) and the Confederation of Labour (YS) must include the Sliter Supplement in all collective agreements with AFP entered into with the Confederation of Norwegian Enterprise (NHO). For all collective agreements with AFP they have with Virke, the Labour Movement's Employers' Association (AAF), the Employers' Organisation for Co-operatives (SAMFO), the National Association of Labour Cooperatives (ASVL), the Glass and Façade Association (GF), the Norwegian Association of Machine Contractors (MEF), the Norwegian Truck Owners' Association (NLF), the Norwegian Shipowners' Association (NR) and the KA Employers' Organisation for Church Activities, the Norwegian Confederation of Trade Unions (LO) and the Confederation of Norwegian Employers for Church Activities (LO) and the Confederation of Norwegian Employers (YS) must offer the Slite Supplement unchanged.

With the consent of the Struggling Scheme, the Hardship Voucher may be included unchanged in collective agreements entered into between collective agreements between collective agreements other than in the first paragraph, when the agreement is listed on the AFP list. If the collective agreement had AFP vouchers as of 31.12.2018, consent must be given.

In the private sector, LO and YS unions must include the Struggle Supplement unchanged in all direct agreements with AFP.  A company that has been affiliated to another hardship scheme by direct agreement cannot subsequently join the Hardship Scheme.

The exceptions for AFP coverage and coverage apply correspondingly to the Struggling Scheme.

§ 4 Individual claims

Hardship supplement is paid to an employee born in 1957 or later, and is conditional on the employee

  • have been granted AFP early retirement pension from the Joint Scheme for Contractual Pensions,
  • at the time of withdrawal of AFP was employed by a company affiliated to the Struggling Scheme, and
  • have had an average income during the last three calendar years prior to receiving the benefit that does not exceed 7.1 G.

After the withdrawal of the hardship supplement, a gross annual income of up to NOK 15,000 is allowed. Higher income means that the Hardship Supplement lapses in its entirety, and that a new Hardship Supplement cannot be granted.

The hardship scheme can adopt rules on what is meant by average income and what is meant by gross annual income, as well as regulate the income limit of NOK 15,000.

For the rules in force at any given time for entitlement to the Struggle Supplement, see the Struggle Scheme's website www.sliterordningen.no.

§ 5 Performance

Full benefit corresponds to 0.25 G (basic amount in the National Insurance Scheme) per year for persons born in 1963 or later. The performance is graded as follows:

  • When withdrawn at the age of 62, you get full benefit.
  • When withdrawn at the age of 63, you get 2/3 of the full benefit.
  • When withdrawn at the age of 64, you get 1/3 of the full benefit.

In the event of retirement after the age of 65, no benefit is provided.

Persons born in 1957 receive 1/7 of the benefits mentioned in the first paragraph, and those born later receive an additional 1/7 of the benefits for each cohort up to the 1963 cohort.

The benefit ceases upon death or at the age of 80.

The benefits are regulated in the same way as ongoing payments from the National Insurance Scheme and AFP.

§ 6 Financing

The Hardship Scheme is financed by capital transferred to the scheme from the Severance Pay Scheme, premiums from the companies and returns on the funds.

The companies must pay premiums from 01.01.2019 to 31.12.2023. The premium rates shall be the same as the rates that applied to the Severance Pay Scheme as of 31.12.2018. As of 01.01.2019, premiums no longer accrue to the Severance Pay Scheme.

The premium is calculated on the basis of the number of employees in the company who are covered by the Hardship Scheme. The premium rates per quarter are:

Working hours per week Premium rates per month (13-67 years)
0-19 hours Kr 12
20-29 hours Kr 16
More than 30 hours Kr 20

The hardship scheme stipulates more detailed rules on the calculation and collection of premiums. The parties agree that the quarterly premium is sought to be reversed so that it is calculated on the basis of the number of employees at the end of each month in the previous quarter.

The companies or the Confederation of Norwegian Enterprise (NHO) are not responsible for the obligations of the Struggling Scheme.

§ 7 Amendments and discontinuation

If the AFP scheme is changed and it has an impact on the right to take out the hardship supplement, the Hardship Scheme will consider necessary changes, including the requirement for long-term membership of the Norwegian National Insurance Scheme.

The Norwegian Confederation of Trade Unions (LO) and the Confederation of Labour (YS) will continuously evaluate the Struggling Scheme and assess the scheme's financial viability. If it should prove necessary to safeguard the solvency of the Struggle Scheme, the LO and YS may, by agreement between themselves, make necessary changes that deviate from the provisions of the appendix on the right to benefit and the amount of the benefit.

From the time when the economy indicates that the scheme should not be subject to further obligations, the LO and YS can decide that new hardship supplements are no longer to be granted.

The hardship scheme will be discontinued after the last payment of the hardship supplement.

Funds that remain after all obligations have been covered shall be returned to the parties to the Severance Pay Scheme (NHO and LO) and used for a related purpose determined jointly by these parties. It is assumed that the Confederation of Norwegian Enterprise (NHO) and the Norwegian Confederation of Trade Unions (LO), in consultation with the Confederation of Labour (YS), will find solutions for the use of the funds that take into account the fact that other collective bargaining areas have also contributed to the finances of the Severance Pay Scheme and the Hardship Scheme.

If the agreement between LO and YS pursuant to section 2, second paragraph, is terminated, the preceding paragraph shall apply correspondingly.

Oslo, 1 April 2019

Hans Christian Gabrielsen, LO, Ole Erik Almlid, NHO, Vegard Einan, YS

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Appendix 6: Reduction of working hours as of 1 January 1987

A. From 1 January 1987, the following reduction in working hours will be implemented:

1. To 37.5 hours per week: Daytime working hours.

2. To 36.5 hours per week: Regular 2-shift work that takes place neither on Saturday evenings nor on public holidays.

3. To 35.5 hours per week:

a. Work that is done "mainly" at night.
b. Round-the-clock shift work and "comparable" shift work.
c. 2-shift work and "comparable" shift work that is "regularly" carried out on Sundays and/or public holidays.
d. Working time arrangements that entail that the individual must work at least every third Sunday and/or movable public holiday.

4. To 33.6 hours per week:

a. Fully continuous shift work and "comparable" shift work.
b. Work during the day in mines.
c. Work with tunnel operation and blasting of rock caverns during the day.

5. For those who have extended working hours due to emergency duty or passive service in accordance with Section 10-4 (2) and (3) of the Working Environment Act, the extension shall be made on the basis of the number of hours in the collective agreement.

B. Implementation of compensation for reduction of working hours.

a) Pure weekly, monthly and annual salaries are kept unchanged. If, in addition, a bonus, production premium or the like is paid that is dependent on working hours, the variable part is regulated in accordance with section d. below.

b) Hourly wages (minimum wage rates, normal wage rates, individual wages and piecework deprivation) are increased by 6.67% for those whose working hours are reduced from 40 to 37.5 hours, 6.85% for those whose working hours are reduced from 39 to 36.5 hours, 7.04% for those whose working hours are reduced from 38 to 35.5 hours. 7.14% for those whose working hours are reduced from 36 to 33.6 hours.

c) Other wage rates expressed in kroner and øre per hour shall be increased in the same manner as determined in section b when it is clear that the employees' weekly earnings would otherwise decrease with the reduction of working hours if the rates were not adjusted.

d) Piecework tariffs, fixed piecework and price lists, production premium schemes, bonus schemes and other wage schemes with varying profits are regulated so that hourly earnings are increased by the percentage to be applied in accordance with section b.

Until agreement on the regulation of piecework, etc., has been reached, the supplements are paid per hour worked. It shall also be possible for the parties to agree that the supplements shall be excluded from piecework, etc., and shall be paid per hour worked.

e) Piecework standards (piecework calculation basis) are regulated so that the piecework profit increases by the percentage to be applied in accordance with section b. Until agreement on the regulation of piecework standards (piecework calculation basis) has been reached, the old piecework standards (piecework calculation basis) are used, and the supplements are paid per hour worked.

Where companies within a collective agreement area with a piecework standard in the main agreement had to use higher figures than the agreement's piecework standard, these figures shall only be adjusted to the extent necessary to bring them up to the new agreement's piecework standard.

f) It shall be possible, by agreement between the parties within the individual agreement area, to agree that compensation in accordance with sections a-e shall be given in the form of a penny supplement instead of in percentages.

g) Where the reduction in working hours from 40, 39, 38 or 36 hours respectively occurs from a lower previous working hours, relatively less compensation is given.

C. General information about the implementation.

1. When implementing a reduction in working hours pursuant to section A , it is of crucial importance that the individual company achieves greater flexibility with regard to when work is to be performed, maintains an appropriate operating time and ensures an efficient and rational utilisation of working hours.

2. Before the reduction in working hours is implemented, negotiations must be held at the individual company on the practical implementation.

3. All collective agreements include a provision that working hours must be complied with and utilised efficiently. Union representatives undertake to contribute to this. With a view to streamlining working hours to the greatest extent possible, a review of breaks, washing times, etc. shall be carried out. If, in the opinion of one of the parties, there is no reason to maintain the arrangements, the arrangements shall be dealt with in the usual collective bargaining manner.

4. Section 10-12 (4) of the Working Environment Act allows, under certain conditions, for the parties to the collective agreement to agree on a different arrangement of working hours than the one stipulated by law as the usual one. Should there be a special need to maintain the current working hours within certain industries or companies, the parties to the collective agreement may agree on this in accordance with Section 10-12 of the Act.

5. In connection with the reduction of working hours, it may prove desirable for the sake of the economic exploitation of the production equipment to practise different ordinary working hours, within the framework of the Working Environment Act, for different groups of employees. Within a working hours scheme, it may also be desirable to schedule the breaks at different times for the employees. It is assumed that this is regulated in more detail in the individual collective agreement.

6. In the event that the working hours scheme means that certain working days are non-working days, work on these days of employees who should have been off must be paid with a 50% supplement. However, in cases where the collective agreement contains a provision for a 100% supplement for overtime work on Sundays and public holidays and days before these, 100% must be paid after 12:00 on Saturdays and after 16:00 on the other weekdays.

7. When objective reasons make it necessary, it shall be possible for the company to make an exchange of days off. In cases where there is no industry or company agreement on the terms and conditions for this, the following shall apply:

Instead of the stipulated day off, a corresponding day off may be granted during the 4 following weeks.

Notice of such a change of day off must be given no later than the end of working hours two days prior to the day off. At the same time, the company must notify when the employee will instead have a day off.

When the conditions for changing days off are met, additional payment will not be made for ordinary working hours up to 12:00 on Saturdays and until 16:00 on other weekdays.

8. In companies where the on-call provisions of Section 10-4 (4) of the Working Environment Act apply, the reduction of weekly working hours shall not in itself lead to a wider access to compensation in days off than is practised under an arrangement of weekly working hours of 40 hours on average.

9. Where shift work within the framework of the Working Environment Act is to be maintained, introduced or expanded and where there is not already a collective bargaining authority for this, the parties shall enter into negotiations during the collective agreement period on shift provisions.

D. Day work.

The confederations recommend that working hours be divided into 5 days a week unless objective reasons indicate a different arrangement, and that the reduction in working hours be implemented with a 1/2 hour reduction of the daily working hours.

There may also be questions about other solutions, for example:

  1. by shortening the daily working hours by 25 minutes where a 6-day working week is used,
  2. in that the weekly working hours are longer than 37.5 hours in some periods compared to correspondingly shorter in other periods,
  3. by maintaining or reducing the current weekly working hours by less than 2.5 hours per week in exchange for corresponding days off being granted spread over the whole year or in the case of continuous leisure time at certain periods of the year.

    In cases where the collective agreement in question does not contain other provisions, the following applies:

    If the company and the employees - possibly with the assistance of the organisations - do not agree, the daily working hours must be shortened by 1/2 hour on 5 of the week's working days or by 25 minutes each day if a 6-day week is worked.

    The company must discuss with the shop stewards whether the abbreviation should take place at the beginning or end of working hours, or both. When choosing an alternative, emphasis should be placed on what the company's employees want and that the working hours arrangement is the same for all groups in the company as far as possible. If agreement - possibly with the assistance of the organisations - is not reached, the company determines within the framework of the collective agreement how the reduction in working hours is to be implemented.

    First, the above provisions do not prevent an industry-specific agreement on how the reduction of working hours is to be implemented and, second, cannot be invoked during the union negotiations with regard to collective agreements that contain exact provisions on the division of working hours.

E. Transition to a new shift schedule.

The parties agree that when, as a result of the reduction in working hours, a new shift schedule is adopted, this is followed without settlement of leisure time or working hours in accordance with the previously practiced shift schedule.

F. Maintaining production, productivity, and effective working hours.

It is assumed that the parties in the individual company strive to increase productivity. As far as possible, the reduction in working hours should not result in an increase in staffing.

In connection with the reduction in working hours, the confederations have agreed to implement a number of measures aimed at improving the productivity of enterprises. Reference is made to the organisations' report on working hours of 6 January 1986.

In the Basic Agreement, the Confederation of Norwegian Enterprise and the Confederation of Trade Unions in Norway have drawn up provisions aimed at creating the best possible conditions for cooperation between the company, the shop stewards and the employees. The main organisations emphasise the importance of the parties complying with these provisions in practice.

In connection with the reduction in working hours, the confederations will point out in particular that the individual enterprises must cooperate on measures to increase efficiency, reduce production costs and improve the competitiveness of the enterprises.

The confederations refer to the cooperation that has been carried out in connection with previous reductions in working hours. The result of this collaboration has been positive and is of great importance for ensuring the competitiveness of companies and creating secure jobs.

In the event of this reduction in working hours, the main organisations will also encourage the parties to discuss the utilisation of working hours. The parties should investigate whether working hours are being used effectively in all employment relationships and, if necessary, implement measures to achieve this. In addition, the parties must focus their efforts on technical innovations that can improve production results and improve the working environment. The efficiency measures that are implemented must be in harmony with the requirements for a good working environment. Well-being and safety are important factors in the consideration of the question of efficient utilisation of working hours.

G. Details Working Environment Act § 10-4

1. Section 10-4:

a) Round-the-clock shift work means work that is carried out 24 hours a day, but which is interrupted on Sundays and public holidays.

In normal weeks, the work can be added to the time from 22:00 on Sundays to 18:00 on Saturdays, which means an operating time of 140 hours.

b) Comparable shift work means a working time arrangement that imposes the same or approximately the same disadvantages on employees as round-the-clock shift work, which will generally be the case when the work is carried out for more than 5 hours each night, even if the number of hours the individual employee works at night will be somewhat lower than what would be the case if the enterprise were run around the clock.

c) The term "Sundays and public holidays" in this provision means "Sundays and/or public holidays".

This means that for work on two shifts and comparable shift work that is regularly carried out on movable public holidays, but not necessarily on Sundays, the ordinary working hours shall not exceed 35.5 hours per week.

In order for work to be counted as work on a Sunday and/or public holiday, the employee in question must either have worked at least 4 hours into the day on which there is a public holiday rest according to the law, i.e. all 4 hours between 18:00 and 22:00, or after 22:00. In the latter case, without any requirement for the minimum length of time.

d) Movable holidays shall be counted as Sundays for the purposes of interpreting the expression "every third Sunday". This means that an employee who does not work as often on Sunday as every third Sunday will still be able to receive 35.5 hours per week if he also works on movable public holidays to such an extent that he reaches at least every third Sunday and public holiday.

e) The expression "work that is mainly carried out at night" means that employees are covered by the provision if 3/4 of the working hours, but at least 6 hours according to the current working hours arrangement, fall at night. (In the period from 21:00 - 06:00).

2. Section 10-4:

f) Continuous shift work means work that is carried out 24 hours a day without normal stops on Sundays and public holidays.

The extent to which shift work can be said to be comparable to full-time shift work depends on whether the ordinary working hours of the individual employee in accordance with the established work schedule shall be set aside at different times of the day and such that the working hours for the individual shall as a general rule comprise at least 539 hours of night work per year and at least 231 hours of work on Sundays per year.

In this context, night work means work between 22:00 and 06:00 (the time of night shifts). The Sunday day is counted from Saturday at 22:00 to Sunday at 22:00 (the time for weekend shifts).

If the work schedule covers a shorter period than 1 year, the number of hours that apply to requirements for night work and Sunday work must be regulated accordingly.

Work of less than 4 weeks is not considered shift work under this provision.

H. Transitional arrangements.

During a transitional period up to 1 July 1987, it shall be possible to make use of the current shift, shift and other working time arrangements.

The individual parties to the collective agreement may also agree on a further postponement of the implementation of the reduction in working hours for the industry or enterprises in question within it, but not beyond 1 October 1987.

In the weeks where transitional arrangements are used, hours where the working hours in accordance with the shift, shift or other working hours scheme on average per week exceed the new working hours shall be counted as overtime work. The overtime pay for the hours in which the working hours in accordance with shifts, shifts or other working hours on average per week exceed the new working hours shall be 50% until 1 July 1987.

If the individual parties to the collective agreement agree to extend the transition period beyond 1 July 1987 and until 1 October 1987, the additional remuneration during this period shall be 75%.

Compensation for reduced working hours is in addition to the payment for the excess hours.

Appendix to the collective agreement of 2012

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Appendix 7: Holidays, etc.

Introduction

It is a main task for the parties to improve the competitiveness of companies. When introducing more leisure time, it is therefore a clear prerequisite that companies are given the opportunity to offset the competitive disadvantages that this entails with greater flexibility. Employees, on the other hand, will also have different needs for deviating working time arrangements based on different phases of life, work and living situation, etc. Increased flexibility together with the fifth week of holiday may contribute to less sick leave and increased productivity.

A. FLEXIBILITY

a) Where the parties locally agree, company-adapted arrangements may be implemented as a pilot scheme that go beyond the provisions of the collective agreement with regard to working hours and remuneration for this. Such arrangements shall be submitted to the federation and national association for approval."

b) It is possible to calculate the average working hours in accordance with the rules in Section 10-5 of the Working Environment Act. The parties to the collective agreement may contribute to the establishment of such agreements."

c) There may be individual needs for deviating working time arrangements, leisure wishes, etc. Such arrangements are agreed with the individual or the employee representatives, for example in the form of average calculated working hours or an hourly account scheme. Individual agreements are inferior to agreements entered into with the union representatives."

Remark
However, agreed and approved pilot schemes shall not weaken collective bargaining allowances.


B. CONTRACTUAL HOLIDAY

1. The extended holiday, 5 working days cf. Section 15 of the Holiday Act, is advanced by introducing the remaining part as a contractual arrangement and being included as an appendix in all collective agreements.

Extra holiday for employees over the age of 60 of 6 working days is maintained, cf. Section 5 no. 2 of the Holiday Act.

An employee can claim 5 working days off each calendar year, cf. Section 5 no. 1 of the Holiday Act. If the contractual holiday is shared, the employee can only demand to be given as many days off as he or she normally has to work in a week.

If the authorities decide to implement the remaining part of the fifth holiday week, these days will be deducted from the contractual scheme.

2. Holiday pay is calculated in accordance with Section 10 of the Holiday Act.
In connection with the introduction of the fifth week of holiday, the general percentage rate for holiday pay shall be 12% of the basis for holiday pay, cf. Section 10 (2) and (3) of the Holiday Act.

If the authorities decide to extend the number of holiday days in the Holiday Act, it is the parties' assumption that the above figures are used as holiday allowance for the corresponding period.

3. The employer determines the time of the contractual holiday after discussions with the employee representatives or the individual employee at the same time as the ordinary holiday is determined.

The employee may request to be notified of the determination of the contractual part of the holiday as early as possible and no later than two months before the take-off, unless special reasons prevent this.

4. An employee may claim to be granted holiday time pursuant to this provision regardless of the accrual of holiday pay.

If operations are wholly or partially suspended in connection with the taking of holiday, all employees affected by the suspension may be ordered to take holiday of the same length regardless of the accrual of holiday pay.

5. The employee may demand that the contractual part of the holiday is granted as a whole within the holiday year, cf. Section 7 no. 2 of the Holiday Act, so that 1 week of continuous holiday is achieved.

The main organisations encourage the parties to arrange the contractual holiday so that the requirement for productivity is met to the greatest extent possible, for example in connection with Ascension Day, Easter, Christmas and the New Year's weekend.

6. By written agreement between the company and the individual, the contractual holiday can be transferred in whole or in part to the next holiday year.

7. For shift workers, the contractual holiday is adjusted locally, so that after full implementation, this amounts to 4 worked shifts.

Comments:
Part-time employees who work 3 days or less per week can demand that the contractual holiday be placed during work-free periods.

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Appendix 8: Life Phase Policy

Life-phase policy

The local parties in the individual enterprise and/or enterprise should discuss life-phase policy. The purpose of implementing measures will be to facilitate that the individual needs of the company or enterprise and its employees are met.

Life-phase policies can help to:

  • retain and develop employees' skills
  • Make your business competitive
  • focus on and strengthen the value of the individual employee
  • reduce sickness absence
  • see the value of all age groups being represented in the workplace, while at the same time recognising different needs
  • Promote an inclusive working life

The life-phase policy should be included as part of the personnel policy in the company and/or the enterprise.

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