Collective agreements in Spektrum

Main agreement SAN - Spekter 2022 - 2025

Main agreement between the employers' association Spekter and SAN, which is NITO's bargaining association in Spekter. The agreement expires on December 31, 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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Introduction
Part I 

Part II

Part III

Introduction

The Norwegian model is based on the interaction between organised labour, broad public welfare schemes and economic policy. The social partners and the authorities work together to deal with conflicts of interest and find solutions to important societal challenges.

A serious and well-functioning working life requires cooperation in the individual enterprise. The Basic Agreement is the most important tool for ensuring this interaction between the social partners. Compliance with the provisions of the Basic Agreement is therefore of great importance for both employees and the enterprises.

The parties agree that the Norwegian model contributes to safeguarding jobs and a well-functioning society, and will work together to strengthen support for organised labour.

The main agreement consists of 3 parts

  • Part I On the establishment and revision of collective agreements. This section forms the basis for and provides rules on negotiations on the establishment of collective agreements and other collective agreements, based on the provisions of the Labour Disputes Act.
  • Part II On cooperation, co-determination and competence development. This part forms the basis for cooperation measures in the enterprise, and is based on a common understanding that the participation of employees with expertise in the enterprise and work processes is crucial for the enterprise to achieve its goals.
  • Part III On union representatives and management – rights and obligations. This section stipulates rights and obligations to ensure that the cooperation processes are as good as possible.

The main agreement

  • Based on the premise that the employees, through their experience and insight, are important contributors to the development of the businesses in terms of finances, safe and good working conditions, sustainable development and the achievement of results for the benefit of both the company and employees.
  • Recognises the employee representatives, and assumes that the cooperation shall be based on trust and respect between the parties at all levels.
  • Emphasises a common duty for management and union representatives to take the initiative and actively contribute to cooperation taking place.
  • Shall contribute to sustainable development by ensuring that measures in the activities with regard to climate, nature and the environment are part of the cooperation between the parties.
  • Shall provide a basis for employees' competence development based on the company's goals.

Training

For some years, the parties have collaborated on the development of material that can be used as a basis for training activities on the Basic Agreement. This is a good basis for carrying out training for managers and union representatives, both jointly and with the parties individually.

PART I

CHAPTER I - RELATIONSHIP BETWEEN THE PARTIES, SCOPE AND DURATION

§ 1       Relationship between parties

This main agreement applies between the Employers' Association Spektrum and its members, and SAN and its members.

§ 2       Scope of application, etc.

This main agreement, together with the rules in the Labour Disputes Act, shall form the basis and provide rules for negotiations on the establishment of collective agreements and other collective agreements. It also contains provisions on the relationship between the parties and the rights and obligations of employee representatives, and forms the basis for cooperation in the individual enterprise.

The Basic Agreement is the first part of the collective agreements or other collective agreements that are established between the organisations mentioned in Section 1 and their members.  

For the purposes of this Basic Agreement, "business" means any legal person such as a limited liability company, a foundation, a state-owned enterprise, a health enterprise or an administrative body with special powers, or similar entities.

§ 3       Duration

This agreement is valid from January 1, 2022 to December 31, 2025. If the agreement is not terminated before this time with 6-six months' notice, it will continue to apply for 2 years at a time with the same notice period.

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CHAPTER II - NEGOTIATION OF THE CONCLUSION AND AMENDMENT OF A COLLECTIVE AGREEMENT - CONFLICT OF INTEREST - RELATIONSHIP BETWEEN PARTIES

§ 4       Collective agreement

The enterprises in Spektrum are divided into collective agreement areas that may consist of one or more enterprises. 

Unless otherwise agreed, the agreement shall be entered into between Spektrum and SAN and consist of two parts, A and B. 

Part A - The general part of the collective agreement is negotiated between Spektrum and SAN and is common to all enterprises within a collective agreement area.

Part B - The special part of the collective agreement is negotiated, unless otherwise agreed, between an enterprise on the one hand, and on the other hand, a federation/association under the SAN that is entitled to negotiate in the enterprise pursuant to section 5.

Remark:
For enterprises that are covered by the Act relating to health trusts and/or that are part of the collective agreement area health, a separate agreement has been entered into on a negotiation system that has the same duration and notice period as this main agreement.  

§ 5       Right to negotiate the establishment of a collective agreement

When a union or association affiliated to the SAN has at least 800 members in the Spekter sector, and in addition has at least 3 members in an enterprise, negotiations on part B of the collective agreement may be required.

In addition to the unions/associations entitled to negotiate pursuant to the first paragraph, up to 2 federations/associations under the SAN may demand that negotiations on the collective agreement Part B be recorded, provided that they each have at least 5 members in the enterprise.

Federations/associations under SAN can act as a group and demand that negotiations on collective agreement Part B be taken up if they have a total of at least 5 members in the enterprise.

The number of unions/associations entitled to negotiate under the SAN shall not exceed 5 in each enterprise.

The parties agree that unions/associations/groups under the SAN may act with a joint negotiation committee when establishing or negotiating a collective agreement in the enterprise.

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§ 6   Establishment of a collective agreement

Demands for the establishment of a collective agreement are exchanged between SAN and Spekter. A negotiation meeting must be called within 1 month after the claim has been received.  

In the case of negotiations on new collective agreements, the provision in section 7 applies correspondingly. 

Enterprises that are admitted as members of Spekter during the collective agreement period will be bound by Chapters I to V of the main agreement. 

If a collective agreement is required to be established as a result of a newly registered enterprise no longer being bound by a collective agreement during the collective agreement period, the parties must first decide which provisions of Spekter's collective agreement system are to apply during the transition period until the negotiations on a new collective agreement have been concluded. 

The same applies to mergers, demergers or acquisitions between companies that are already covered by a collective agreement in Spekter.

Remark: The parties are concerned with ensuring that no unintended consequences arise during the transition period until a new collective agreement has been established, including employees' continued affiliation to the AFP scheme and participation pursuant to Parts II and III of the Basic Agreement.

When an enterprise is registered with Spekter, Spektrum must notify the SAN of the registration as soon as possible. 

If an enterprise withdraws from Spektrum during the collective agreement period, Spektrum shall notify the SAN as soon as possible if the SAN is a party to a collective agreement that applies to the enterprise.

§ 7       Negotiation of revision of collective agreement

Spektrum shall, no later than 2 months before the agreements expire, provide an overview of which agreements apply. Within the same deadline, SAN must give notice of new enterprises for which collective bargaining is required. 

The negotiations on the collective agreement shall start with the general part (Part A).  The central parties shall, unless otherwise agreed, cf. section 4, second paragraph, then send the principles and premises for the implementation of the negotiations on Part B of the collective agreement to the local parties in the individual enterprise, which within a given deadline, cf. the third paragraph, must conclude their negotiations. 

Before the start of negotiations on Part B of the agreement, the central parties shall establish a progress plan with a deadline for the conduct of the negotiations. 

If the local parties believe it is likely that the negotiations will not lead to an agreement within the deadline, they must inform Spektrum and SAN, which can assist in concluding the negotiations. Before the local negotiations are concluded without agreement being reached, the central parties shall discuss the situation with their respective parties, and provide advice and other appropriate guidance on how the negotiations can be continued with a view to reaching agreement. The supervisors must represent the central parties and must not have participated in the local negotiations in the enterprise. 

The result of the local negotiations shall be sent within the deadline to the central parties, who, by negotiating outstanding issues from the preliminary negotiations on Part A and the negotiations on Part B, conclude the negotiations on the collective agreement. 

In connection with the final central negotiations, the parties shall also seek to find a solution where the local parties have not reached agreement in their negotiations. 

If the central parties do not reach agreement in the central negotiations pursuant to the second, or fifth paragraph, Spektrum and SAN may terminate their seats in accordance with the rules in section 9.

Remark:
The central parties are responsible for ensuring that the local parties edit the collective agreements that apply in the individual enterprise. This work is done after the agreement has been adopted.

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§ 8       Employers' and employees' voting rules

When voting on a proposal for a collective agreement, the members of Spektrum and of associations/associations affiliated to the SAN within the collective agreement area to which the proposal applies participate. The vote must be secret and conducted in accordance with the organization's statutes. 

In the individual enterprise, the special part (part B) and the general part (part A) must be voted on as a whole. Subsequently, the results from the individual enterprises must be combined into an overall result for the collective agreement area; § 4. A proposal is adopted when both Spektrum and SAN have adopted it in accordance with their articles of association.

The result of the vote shall not be released until the organizations have announced the result. 

§ 9       Collective redundancies (strikes and lockouts)

In connection with the revision of applicable collective agreements or in the event of a notice of work stoppage pursuant to the Labour Disputes Act, the parties agree to recognise collective redundancy exchanged between SAN and Spektrum as valid dismissal. The notice of dismissal must be given at least 14 days before the industrial action begins.

The form and content of the redundancy shall be in accordance with Section 16 of the Labour Disputes Act. 

Notice of resignation (the final scope of the resignation) must be given with at least 4 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 extension of the conflict shall be given by each of the parties with at least 4 days' notice. 

If a mediation proposal is rejected after a referendum, resignation may be initiated with 4 days' notice, unless the parties agree otherwise. The notice may be given before the deadline for reply. 

If a work stoppage is terminated as a result of a mediation proposal or a negotiation result, a new redundancy notice and resignation may be given with 4 days' notice if the proposal or result is rejected. Such notice may be given before the deadline for reply.

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§ 10     Work in connection with conflict

The parties assume that in those enterprises where it is needed, well in advance of the expiry of the agreement, agreements are concluded that ensure that operations can be terminated and resumed in a technically sound manner, and that consideration is given to work that is necessary to avert danger to life and health, or significant material damage, is taken care of. 

If no agreement is reached in local negotiations, the issue can be brought before the central parties. 

Agreements on work in connection with a conflict are valid until a new collective agreement enters into force. 

Responsibilities and procedures for processing applications for exemption are agreed between the central parties.

§ 11      Sympathy actions

The provisions on the duty of peace during the collective agreement period do not restrict Spekter's and SAN's right to implement a work stoppage in support of other legal conflicts in the Spekter area. Before such a conflict is announced, negotiations must have been conducted between Spektrum and SAN on the extension of the main conflict. A hearing must be held within 4 days after a claim has been made.

Notice of work stoppage shall be given as stipulated in section 9. In the event of sympathy strikes in enterprises affiliated with Spektrum in support of employees in enterprises that are not affiliated with Spekter, the notice period is 3 weeks. 

If the SAN declares a sympathy strike among employees of Spekter's members due to a legal conflict in enterprises that are not members of Spekter, the SAN shall at the same time declare a sympathy strike at similar unorganised enterprises (if any). The number of employees included in the sympathy strike in enterprises outside Spektrum shall correspond to the approximate number of employees in enterprises in Spekter. The parties may agree on exceptions to this rule. The SAN can exempt the state and municipalities. 

The right of SAN to declare a sympathy strike at enterprises affiliated to Spektrum in support of employees in enterprises outside Spekter is dependent on the demands not going beyond what follows from the collective agreements that apply in the relevant enterprises in Spekter.

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CHAPTER III - DUTY OF PEACE AND HANDLING OF LEGAL DISPUTES

§ 12     Duty of peace

Where there is a collective agreement, a work stoppage or other industrial action must not take place as long as the agreement is in force. 

§ 13     Negotiations on legal disputes

Disputes concerning the interpretation of this main agreement, Part A of a collective agreement or any other collective agreement entered into between Spektrum and SAN, or concerning claims based on such agreements, shall be resolved in negotiations between the same organisations. 

Disputes concerning the interpretation of a Part B agreement or a special agreement, or concerning claims based on such agreements, shall be resolved in negotiations between the local parties that have entered into the agreement. Minutes of the negotiations will be drawn up. 

If no agreement is reached between the contracting parties in negotiations as mentioned in the second paragraph, either party may bring the dispute before Spektrum and SAN. 

It is not possible for the organisations or their sub-organisations to enter into direct contact with the members of the other organisation without in agreement with the other organisation. 

A negotiation meeting shall, unless the parties agree otherwise, be held within 8 days after the request has been made.

§ 14     Legal action

Disputes about the interpretation of this main agreement may be brought before the Labour Court. Only Spektrum and SAN have the right to sue under the agreement.

The same applies to legal action in connection with another collective agreement, unless the right of action has been transferred pursuant to Section 35 (2) of the Labour Disputes Act.  

Spektrum and SAN shall notify the other party of legal action by another collective bargaining party concerning identical provisions.

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CHAPTER IV - SPECIAL AGREEMENTS

§ 15     Special agreements

A special agreement is a collective agreement that regulates pay and working conditions and other employment conditions that are not regulated in a collective agreement or that the agreement requires can be regulated in a special agreement. 

Special agreements bind the parties until they have been terminated by written termination;  § 16. This does not apply to special agreements that are in conflict with the collective agreement that applies in the enterprise.

Spektrum and SAN can assist the local parties in the event of disagreement.

§ 16     Termination and lapse of special agreement

Before termination of a special agreement takes place, the parties to the special agreement must conduct negotiations. Alternatively, dismissal may take place when negotiations have been demanded and not reached within 8 days after the claim was made. 

S1        Special agreements with a specific term may be terminated with at least one month's notice before the expiry date, unless otherwise agreed.  with the same notice period.

S2        Special agreements that have been decided or assumed to run until further notice may be terminated at any time with one month's notice, unless otherwise agreed. 

S3        Special agreements that have been agreed or assumed to apply for as long as the collective agreement by which the enterprise is bound continues to apply for the next collective agreement period, if the parties have not agreed that the special agreement shall lapse or be amended through a revision of the collective agreement. 

If a special agreement has the same duration as the collective agreement to which the enterprise is bound, local negotiations on the revision of the special agreement may be required during the agreement period. If an agreement is not reached, the matter can be brought before Spektrum and SAN. A negotiation meeting shall, unless the parties agree otherwise, be held within 8 days after the request has been made. If an agreement is still not reached, each of the local parties, with the same period of notice as the agreement, may terminate the special agreement at the end of the agreement. 

§ 17     Effect of the expiry of special agreements

When a special agreement expires after termination while the agreement still exists between the parties, the matters covered by the special agreement must be arranged on the basis of the provisions of the agreement. 

Section 8 (3) of the Labour Disputes Act applies correspondingly to the termination of special agreements that follow the enterprise's collective agreement. The pay and working conditions that follow from the special agreement therefore apply as long as negotiations and mediation on a new collective agreement are ongoing.

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CHAP. V           LAYOFF

§ 18     Conditions for layoffs

Layoffs can be made when there are objective reasons that make it necessary for the business. 

Layoffs in accordance with the first paragraph may not take place beyond 6 months unless the parties agree at a new meeting that there is still a factual reason. 

In the event of layoffs, seniority may be waived when justified by justification. This provision does not prevent the use of rolling layoffs. 

A requirement to attend a meeting regarding deviations from the seniority principle, or because the enterprise follows different rules than at the time of implementation, does not entail that layoffs or readmission are postponed. 

When assessing who is to be laid off, emphasis shall be placed on the special tasks of the employee representatives in the enterprise. 

§ 19     Duty to discuss before giving notice

Before notice is given, the matter must be discussed with the employee representatives. Minutes of the meeting are drawn up and signed by the parties. The notice period in section 20, first and second paragraphs, does not run until after the meeting has been held.  

§ 20     Notice of layoffs

Layoffs are given with 14 days' notice. 

In the event of layoffs due to such unforeseen events as mentioned in Section 15-3 (10) first sentence of the Working Environment Act, the notice period is 2 days and in the event of a fire, the deadline is 14 days. 

The notice runs from the end of working hours on the day it is given. 

The time limits do not apply when a conflict in another enterprise, a collective bargaining conflict in one's own enterprise or unauthorised absence results in employees not being able to be employed in a rational manner. However, the enterprise is obliged to give notice with the deadline that is possible. 

The deadline does not apply if a collective agreement allows for shorter notice. The same applies to work regulations established before 1 March 1999. 

If the enterprise lays off employees without complying with the notice deadline, the employees must normally be paid the expected salary until the deadline expires. In the event of layoffs as mentioned in the second subsection, ordinary salary is paid.

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§ 21     Form and content of the notification

The notification is given in writing to the individual employee. 

In the event of a conditional layoff pursuant to section 22, the notice may be given by means of an advertisement in the enterprise. Employees who are temporarily absent are notified in an appropriate manner. 

The notice must state the likely length of the layoff. If this is not possible, continued layoffs must be discussed with the union representatives within 1 month at the latest and then every month if the parties do not agree otherwise. This includes continuously assessing whether the conditions for layoffs are present or whether redundancies must be carried out. 

Employees who are laid off must receive written confirmation from the employer. The confirmation must state the reason for the layoff and the likely length of the layoff. After 3 months, the employee must be informed of the situation. 

If an unconditional notice has been given that meets the above requirements for content, this also applies as a layoff confirmation. 

§ 22     Conditional notice

In the event of a conflict in one's own business, the notification shall, as far as possible, state which employees may be laid off, and the individual must be notified as far in advance as possible. 

§ 23     Termination during lay-off

Furloughed employees are still linked to the enterprise with the right and obligation to start again as long as they have not been formally dismissed. 

If the employment relationship is terminated during the layoff period, the employees are obliged to perform work during the notice period unless a new employment contract prevents this. If the obligation to work lapses for this reason, the right to pay lapses during the notice period. 

If employees who are laid off for more than 3 months and until further notice, resign to move to another job, they can resign without a notice period. 

§ 24      Special provisions     

In the case of typical seasonal work, Chapter V applies unless otherwise stipulated in a collective agreement or fixed practice. 

When an employee is laid off, the obligation to receive sickness insurance continues for as long as it exists according to the law, but only as long as the employee is not in other work. 

Section 18 does not entail any change in the customary right to lay off due to weather obstacles. 

In the enterprises in the Spekter sector where the employees will not be entitled to unemployment benefits during layoffs, the employer is obliged to cover a benefit for the laid-off employees corresponding to unemployment benefits.

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CHAPTER VI          MISCELLANEOUS PROVISIONS 

§ 25     Payment of salary and deduction of trade union dues

Unless otherwise agreed, salary must be paid via the bank once a month. 

Ordinary withdrawal of salary, this is assumed to be free of charge. If this condition is violated, either party may demand negotiation on which rules shall apply. If an agreement is not reached, this section may be terminated with one month's notice. 

The enterprise shall ensure that trade union dues are deducted for the organised employees, and insurance dues if this is part of the membership. 

The employee representatives' organisations are responsible for ensuring that the enterprise is sent a statement of the organised employees to which the deduction scheme will apply. They must also submit statements on the amount of the membership fee and the insurance fee, as well as information about an account where the amount deducted is to be transferred. The local parties may agree that the deducted amount shall be transferred in another way. The union representatives and their organisations are responsible for ensuring that the information is correct at all times. 

Practical guidelines for the implementation of deductions from membership fees are laid down by the enterprise after the employee representatives have been given the opportunity to comment. 

§ 26     Leave of absence for employees

Employees shall not be denied leave of absence without compelling reason when they are to participate in 

a)    negotiations in Spektrum

b)   courses for union representatives/organisational courses arranged by the relevant union/association, main organisation and information organisation,

c)    academic delegations, or

d)   be used as a lecturer/course leader in the organisation's course for union representatives

e)    Meetings of the Board of Representatives

For negotiations in Spektrum, leave of absence is granted without deduction from salary. For items b-e, up to 6 days of leave of absence per year are granted without deduction from salary. 

In addition, employees may be granted leave of absence in connection with meetings as a result of positions of trust in their organisation. 

When an employee is elected to a paid position of trust in the trade unions/main organisation, leave without pay is granted. 

When conditions are right, employees who are employed by the trade union are granted leave without pay for up to 3 years. 

§ 27     Public offices

Employees who hold public office shall be granted leave of absence to the extent necessary to perform their duties when this can be done without the enterprise being harmed. This does not apply when these positions can be performed outside working hours. 

As regards municipal and county municipal offices, reference is made to section 40 no. 1 of the Local Government Act. Reference is also made to Section 12-13 of the Working Environment Act.

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 PART II 

Chapter VII - INFORMATION, COOPERATION AND CO-DETERMINATION 

§ 28     Goals

Spektrum and SAN agree that the relationship between management and employees shall be based on dialogue, trust and mutual respect between the parties at all levels. Established cooperation schemes must be appropriate and well-functioning. 

Through co-influence 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, sustainable development of the companies, a well-functioning working environment and the achievement of results for the benefit of both the company and employees. 

§ 29     Organisation and implementation

It is a joint duty of management, employees and their elected representatives to take the initiative and actively support and contribute to cooperation. 

The conditions must be facilitated so that the individual employee, possibly through their elected representatives, can have a real influence on the company's general work with, among other things, increasing efficiency, reducing costs, improving the company's competitiveness and value creation, exploiting new technology and facilitating necessary restructuring. 

The development of forms of co-determination and a better working environment in the enterprise will require extensive decentralisation and delegation of decision-making authority within the enterprise, so that those who work within the individual unit are given greater access to make their own decisions in their daily work. 

When establishing work, project and steering groups within the enterprise, which are not part of the established permanent organisation, affected employees should be ensured real influence. The union representatives must comment on the composition and mandate of the group. 

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

Within Spektrum, there are different agencies both in relation to tasks and organisation. For the individual enterprise, it is therefore of the utmost importance that the parties find practical forms of co-determination and co-influence adapted to the enterprise's distinctive character. This must be done in a separate agreement in the enterprise (adaptation agreement) if one of the parties so requires. The local parties can request assistance from Spektrum and SAN. 

In the local agreements, the parties may also establish a contact forum between the management and the union representatives representing unions/associations/groups that have the right to negotiate pursuant to section 5. The purpose of the forum is to establish a meeting place where one can regularly and mutually communicate about cooperation issues.

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§ 30     Discussions on the enterprise's ordinary operations

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

  •  matters relating to the operational and financial status and development of the enterprise,
  • the introduction and use of new technology and digitalisation.
  • conditions that are directly related to the workplace and day-to-day operations, including the company's practice for hiring labour,
  • measures in the activities related to climate, nature and the environment to promote sustainable development.
  • the general pay and working conditions at the enterprise.
  • measures to promote gender equality and prevent discrimination 

The annual settlement shall be submitted to the employee representatives as soon as it has been determined. The same applies to the enterprise's environmental accounts where available.

Discussions shall be held regularly and as early as possible, and otherwise when requested by the employee representatives. There must be documentation that the discussions have been held. If the discussions concern the employees' general pay and working conditions at the enterprise, minutes must be kept. 

§ 31     Discussions regarding restructuring of operations

The company's management must provide relevant information as early as possible and discuss with the employee representatives: 

  • changes of importance for the employees and their working conditions, including important changes in operating arrangements and methods
  • employment issues, including plans for expansions and reductions. 

Before the enterprise makes decisions in matters concerning the employees' employment and working conditions, the employee representatives shall be given the opportunity to present their views. If the company's management finds that it cannot take their submissions into account, it must justify its view. Minutes of the discussions are drawn up and signed by the local parties.  

If the enterprise wishes to implement such changes to existing working conditions and the SAN and the federation/association concerned claim that this would be contrary to the collective agreement, SAN may raise with Spektrum the issue of postponing the implementation until a negotiation meeting between Spektrum and SAN has been held. Such a meeting must be held within 1 week after a written request has been made.  

Remark: 
Hiring of labour and competitive tendering shall be discussed in accordance with the provisions above when it leads to restructuring that is of importance to the employees or their working conditions, or concerns employment issues. 

If the duty to discuss is not fulfilled, the employee who is dismissed is entitled to 2 months' normal expected salary from the day the employee representatives were informed of the dismissal, even if the resignation takes place at an earlier date. If an employee who is dismissed has a notice period longer than 1 month to the end of a calendar month, he or she is entitled to at least 3 months' normal expected salary.

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§ 32     Discussions on company law matters

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

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

The employee representatives must be informed of the reasons and the legal, financial and work-related consequences it is assumed to entail for the employees. 

The company's management must arrange for a meeting between the employee representatives and the new owners about the transfer and whether the collective agreement should continue to apply. 

When the decision is of importance to the employees in several enterprises, the employee representatives in the affected enterprises may, in agreement with the enterprises' management, hold joint union representative meetings. 

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

§ 33     Violation of the provisions on information and discussion

If a union/association that organises at least 10% of the employees in the enterprise claims that there has been a serious breach of the provisions on information and discussion in sections 30, 31 or 32, the case shall first be dealt with in accordance with the rules in section 13. 

If no agreement is reached in negotiations as mentioned in the first paragraph, either party may bring the dispute before a dispute board consisting of 5 members. Each of the parties, Spektrum and SAN, appoints two members. The Tribunal's chair is appointed by the National Mediator. The Tribunal decides the dispute with binding effect. The expenses for the tribunal proceedings are covered in accordance with the rules on legal costs in the Civil Procedure Act. 

If the Tribunal finds that there has been a serious breach as mentioned in the first subsection, Spektrum and SAN will jointly discuss the case with the enterprise and the employee representatives. The aim of the discussions shall be to find a practice that meets the requirements of the Basic Agreement for information and discussion. Spektrum and SAN may, in agreement with the local parties, implement appropriate measures to promote understanding of the main agreement's rules on information and discussion, and to ensure appropriate practice of them. 

§ 34     Access to accounts and financial matters

The enterprise's accounts must be submitted to the employee representatives upon request. 

The employee representatives shall also be given access to matters relating to the enterprise's financial situation to the extent that the employee representatives need such information to safeguard the interests of the members. 

When introducing payroll systems in enterprises that require insight into financial matters that are important to the system, the employee representatives must have access that enables this. 

§ 35     External advisers

If the employee representatives wish to use an external adviser, the company's management must be informed of this. Union representatives can raise whether the enterprise should cover the expenses in whole or in part. 

If the employee representatives, in agreement with the enterprise, use an adviser when reviewing accounts, annual accounts, etc., the person in question shall have access to the necessary material and information. 

If the adviser is given access to confidential information, it shall not be used outside the assignment.

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§ 36     Seniority in the event of dismissal due to restriction

In the event of dismissal due to restriction/rescheduling, seniority may be waived when there is an objective reason. 

If, in connection with reductions in the workforce, the enterprise finds reason to deviate from seniority and the employee representatives are of the opinion that this is not objectively justified, the issue may be brought to the table for negotiations between Spektrum and SAN. If, within 3 days of discussions with management, the employee representatives notify the enterprise that they wish to enter into such negotiations, the disputed dismissals will be suspended until negotiations have been held between the organisations. Reference is also made to Sections 15-1 and 15-4 (1) of the Working Environment Act and Section 15-2 (2) first to fourth sentences of the Working Environment Act. 

An employee who, pursuant to Section 14-2 of the Working Environment Act, has a preferential right to a position in the enterprise, retains previously acquired seniority upon reinstatement. 

§ 37     Personnel archives and control measures

  1. Staff archive
    The local parties must discuss what personal data the enterprise can register, and how it is to be stored and used.

    On request, the union representatives can be provided with a list of employees. The list must contain information about name, place of work, percentage of full-time employment and date of employment.

  2. Control measures
    The need, design and introduction of internal control measures shall be discussed with employee representatives in the enterprise. At regular intervals, the parties shall reassess implemented control measures. If direct and continuous monitoring of the individual employee in the work situation is relevant, the purpose and needs must be clarified. Such monitoring must only take place to the extent that it is absolutely necessary; Personal Data Act. 

  3. Access to e-mail
    Access to employees' e-mails can only take place in accordance with applicable legislation.

    When access is made to an employee's e-mail, the employee in question and his/her elected representative must be informed of the access and the reason for it, and as far as possible be given the opportunity to be present.

    If immediate access is not required, the question of access, the reason for it and its significance for the employee must be discussed in advance.

    The parties recommend that guidelines be drawn up in each enterprise for access to employees' e-mails. The guidelines must be discussed with the employee representatives before they are implemented. 

§ 38     Appointments.

The management must inform the employee representatives as soon as possible about new appointments and inform new employees of which employee organisations are represented in the enterprise, as well as who is the union representative. Guidelines should be prepared for the introduction and follow-up of new employees.

§ 39     Change of ownership in a private limited company

In the event of a change of ownership in a private limited company, the management shall, as soon as it becomes certain knowledge of it, inform the employee representatives if the acquirer: 

  • Acquires more than 1/10 of the share capital or shares representing more than 1/10 of the votes in the company, or
  • becomes the owner of more than 1/3 of the share capital or shares representing more than 1/3 of the votes. 

The management shall help to ensure that new owners inform the employees of their plans as quickly as possible.

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§ 40     General meetings and notices

Union representatives must be informed in advance and as early as possible of matters that the company wishes to inform the employees about at a meeting or notice.

 

§ 41     Information meetings

Once a year, an information meeting should be held for employees in the enterprise or its individual departments, where the management provides general information on the enterprise's conditions and future prospects. 

In activities with a board, unless the parties agree on a different arrangement, a contact meeting shall be held between the board and the employee representatives when a request is expressed. The meetings are intended to strengthen cooperation and trust by discussing issues of interest to the company and the employees, and to give the employee representatives the opportunity to present their views directly to the owners' representatives on the board. As many board members and union representatives as possible should be involved. The head of the enterprise or his/her deputy participates in the meetings and convenes and arranges them. The meetings shall not interfere with the rules for dealing with disputes. Minutes of the meetings are drawn up and signed by the parties. 

§ 42     Discussions within a group

Plans for expansions, reductions or restructuring that may have a significant impact on employment in several enterprises within the same group, the group management shall discuss these issues with the employee representatives as early as possible, regardless of whether the enterprises are bound by a joint agreement. Corporate management may summon representatives of the management of the enterprises to which the matter relates.  

Such discussions shall also take place on issues relating to the Group's finances and development. Union representatives shall be given the opportunity to present their views before the corporate management makes its decisions. In the event that the group management does not find that it is able to take into account the statements of the employee representatives, it shall give reasons for its view.

Minutes from the meeting must be drawn up and signed.  

§ 43     Group committees

The parties agree that there is a need to discuss matters as mentioned in section 42 of the Basic Agreement on a group basis. The local parties, with possible assistance from Spektrum and SAN, seek to find appropriate forms of such cooperation. Such a form of cooperation shall take place either by: 

a)       that in groups with several enterprises, a coordinating committee of employee representatives is established. The Committee shall hold discussions with representatives of corporate and corporate management, or

b)      that other similar forms of cooperation are found. 

The parties agree that in larger groups there may be a need for an arrangement with a group employee representative from SAN. An agreement may be entered into whereby one of the employee representatives in the Group's enterprises may also hold this function.

If the local parties, possibly with the assistance of Spektrum and SAN, do not agree on the establishment of a group employee representative scheme, the matter can be brought before Spektrum and SAN.

Group employee representatives safeguard the interests of the employees vis-à-vis the group management in matters that are dealt with at group level and that are of importance to the employees of the group as a whole; § 42. The work of group employee representatives shall not interfere with, or replace the rights and obligations of the parties at the enterprise level.

The rights and obligations of group employee representatives shall follow the provisions on employee representatives in Part III of the Basic Agreement. 

The "Agreement on European Works Councils or Equivalent Forms of Cooperation" established between the Confederation of Norwegian Enterprise (NHO) and the Norwegian Confederation of Trade Unions (LO) on 30 November 1995 has been made general by Royal Decree of the Royal Danish Confederation of Trade Unions. of 18 October 1996.

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Chapter VIII - COMPETENCE DEVELOPMENT

§44     Competence development

Spektrum and SAN acknowledge the great importance of increased education for the individual, the development of the business and society. This applies to general education, further education, vocational education, adult education, continuing education and retraining. 

The parties would therefore like to emphasise the value of encouraging employees to increase their knowledge and strengthen their skills, and that the enterprise attaches great importance to systematic training of its employees through external or internal offers. 

Continuing and further education is a particularly important tool in the development of the company's competitiveness. At all stages of the value chain, relevant expertise is a prerequisite for the company to be able to receive and make use of new knowledge. The development of competence through continuing and further education must be based on the company's current and future needs. This must be based on the goals of the business. 

Continuing education refers to the maintenance of skills that are necessary for the tasks the employee has, while further education includes qualification for new and more qualified tasks in the enterprise. 

It is the company's responsibility to map and analyse competence needs based on the company's business concept, goals and strategy. The implementation of this work should take place in cooperation between the parties. The survey is updated regularly.

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

The costs of continuing and further education in accordance with the company's needs are the employer's responsibility.

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PART III – UNION REPRESENTATIVES

CHAPTER IX - UNION REPRESENTATIVES, NUMBER AND ELECTION 

§ 45     Employee representatives' work in the enterprise - number and distribution - resources

Spektrum and SAN agree that the conditions shall be arranged in the best possible way for the employee representatives to be able to function in their positions and acquire the necessary knowledge.  without deduction from salary. 

The unions/associations/groups that have the right to negotiate pursuant to Section 5 may elect union representatives for the unionized employees.  In this agreement, "union representatives" means employees elected in accordance with the rules in Section 46 of which the employer has been notified pursuant to Section 48.  The union representatives are approved as representatives and spokespersons for the organized employees and bind the members of their own organization to the extent that law and collective agreements do not prevent this.  

In each enterprise, the parties shall agree on an appropriate organisation of the cooperation with the employee representatives, including the number of employee representatives and their distribution, as well as any group employee representatives, based on local conditions and needs.  must be able to be implemented efficiently and constructively in the various decision-making areas and levels of the enterprise, and  the arrangements that are established must therefore be adapted to the nature, size, structure, geographical spread and decision-making system of the enterprise. 

An arrangement can be agreed that stipulates the time that the employee representative needs to carry out the work within ordinary working hours.  In this connection, it may also be agreed whether full-time equivalents or parts of full-time equivalents may be allocated to work as a union representative. 

Organisational representatives are the employees who hold positions within the trade union in the enterprise and who are elected in accordance with the individual organisation's articles of association. If they are to participate in meetings in their own organisation in the enterprise that cannot take place in their spare time, the local parties can enter into agreements on which meetings can be added to working hours. In such cases, the meetings can be held without deductions from salary. 

If the local parties do not agree on the union representative scheme, the matter may be brought before the parties to this agreement. In such cases, the central parties shall, among other things, attach importance to ensuring that the intentions of cooperation between the parties in the enterprise are safeguarded (cf. Part II). 

§ 46     Election rules

Employees who represent the employer in negotiations with the organisations or have functions as secretary to the enterprise's top management, etc., cannot be elected as union representatives.  

If doubt arises as to who is covered by the first paragraph, eligibility shall be clarified after discussions. 

Only organized employees of the company can be selected. Unless otherwise decided, the election is valid for one year.

§ 47     Delegations

In meetings between the employee representatives and the company's management, the delegations shall be limited as much as possible, and generally not exceed 3 representatives. 

When the union representatives need assistance from other members of the enterprise, possibly from a union representative/case officer in an association/union/SAN, these may be included in the delegation; cf. the first paragraph. The company's management must be informed in advance. 

Employees who participate in meetings with management pursuant to the first and second paragraphs are entitled to leave of absence and remuneration pursuant to section 51.

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CHAPTER X - THE RIGHTS AND DUTIES OF MANAGEMENT AND EMPLOYEE REPRESENTATIVES

§ 48     Mutual obligations

As soon as the election of employee representatives has been made, the company's management must receive written notification with the names of those elected in accordance with section 46. 

A union representative's rights and obligations do not arise until notification has been received by management. 

The company's management must have a responsible representative on a daily basis to whom union representatives can turn. The employee representatives must be notified in writing of the name of the employee.  

The employer and employee representatives have a duty to do their best to create and maintain good cooperation at the workplace, so that the parties can resolve any problems in an informal and constructive manner. Union representatives shall take care of and seek to arrange amicably complaints that the members believe they have against the employer, or that the employer believes they have against the members of the organisation in question. 

It is incompatible with the parties' duties to incite or contribute to illegal conflicts. In such contexts, the union representatives do not have the opportunity to resign from their positions.

§ 49     Exercise of the office of union representative

When union representatives wish to contact the enterprise's management, they must contact the management's representative directly. 

It can be agreed whether an office is to be made available. Where conditions are permitted, the employee representatives shall have access to the workplace's office technical equipment and internal distribution channels for the distribution of, among other things, minutes and minutes of discussion and negotiation meetings in the enterprise. Union representatives shall have the right to a lockable cabinet and access to a telephone and necessary communication equipment. 

The elected representatives shall have unhindered access to the various departments to the extent necessary to perform their position of trust. They have a duty to notify their immediate superior in advance that they must leave their workplace. As far as possible, they must notify the head of the department they come to about who they want to talk to. 

The position of union representative provides competence and must be assessed in the person's further service and career. The position of union representative shall never be used against the employee in question in the further service and career.

§ 50     Meetings during working hours

In agreement with the company's management, meetings can be held during working hours without deduction from salary. This applies: 

  • member meetings for the election of union representatives and voting on collective bargaining agreements, provided that this does not result in significant operational disadvantages
  • member meetings on matters of particular importance or on matters where a decision must be made immediately
  • Joint meetings for union representatives when there are plans for mergers/demergers and major reorganisations involving several enterprises, cf. Section 32.4 paragraph of the Basic Agreement

If the matter on which a member meeting is requested does not require an immediate decision, the enterprise must be given at least 8 days' notice.

§ 51     Remuneration

Union representatives are entitled to leave of absence without deduction from salary in connection with meetings with the enterprise's management or management's representatives in connection with negotiations on pay and working conditions. The employee representatives may also, in consultation with the management, be given time off without deduction from salary for necessary preparatory work for such meetings. 

Union representatives have a corresponding right to leave of absence without deduction from salary when the enterprise's management convenes discussions or information meetings in accordance with Part II of the Basic Agreement. Such meetings shall primarily be sought to be held within the enterprise's normal operating hours. To the extent that the meetings are held outside the employee representative's working hours, ordinary hourly wages are paid for this time. The employer and union representative can agree that the corresponding number of hours is given as free time if the service/operation allows it. In cases where travel is necessary in connection with such meetings, the enterprise pays a subsistence allowance in accordance with the enterprise's rates and travel expenses incurred.

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§ 52     Leave of absence for union representatives and union representatives

Union representatives and union representatives in the enterprise shall not be denied leave of absence without compelling reason when they are to participate in: 

a)    negotiations in Spektrum

b)   Association, association or SAN board meetings/council meetings, Assembly of Representatives meetings, congresses, national meetings and national association meetings

c)    courses for union representatives, organisational courses and conferences organised by the relevant federation/association, main organisation or information organisation

d)   academic delegations,                                                                         

e)    be used as a lecturer/course leader in the organisation's courses/conferences for employee representatives. 

For items a) and b), leave of absence is granted without deduction from salary. For items c) to e), a total of up to 12 days of leave of absence per year are granted without deduction from salary. 

Requests for leave of absence should be addressed to management as early as possible.

§ 53     Requirement that a union representative or representative of management shall resign

If a union representative is guilty of a serious breach of his or her duties under the main agreement, Spektrum may demand that the person in question resign as a union representative. If the demand is upheld, a new union representative may be elected in accordance with section 46. 

If the management's representative is guilty of a serious breach of the main agreement,

SAN to Spektrum demand that the person in question resign as a representative of the union representatives. If the demand is granted, the management has a duty to immediately appoint a new representative. 

In the event of disagreement regarding resignation, the dispute is settled by the Labour Court. It is considered a gross breach of the main agreement to incite or contribute to an illegal conflict. 

A union representative or representative of management who must resign may not be elected or appointed until two years have passed, counted from the date of resignation.

§ 54     Dismissal or dismissal of union representatives

Dismissal or dismissal of union representatives cannot take place without reasonable cause. In addition, emphasis shall be placed on the special position of the employee representatives in the enterprise. 

In the event of individual dismissal of a union representative, a twelve-week deadline must be given unless the Working Environment Act or an employment contract gives the right to a longer deadline. This special deadline does not apply if the dismissal is due to the employee representative's own circumstances. 

The provisions of Chapters 15 - 17 of the Working Environment Act apply correspondingly, however, so that if SAN claims that the dismissal is unjustified, resignation shall not take place until the Labour Court's judgment has been delivered. In that case, the summons must be issued no later than eight weeks after the notice of termination has been received. 

If the enterprise is closed, it is important that affected employees retain a union representative for as long as possible. The same applies when a bankrupt business continues to be run by the bankruptcy board with a view to winding up. 

Before dismissal or dismissal of a union representative is made, the issue must be discussed with the relevant union/association, unless the person in question objects to it. 

The above rules apply correspondingly to members of the board and corporate assembly, working environment committees and safety representatives.

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