The Spekter Agreement Part A1 (Social Provisions) for Areas 10 and 11

The parties agree to guarantee the following minimum provisions. 

1. Pay during illness, pregnancy, childbirth and adoption, etc.
2. Salary during carer's leave
3. Pay for time off during breastfeeding
4. Salary during military service, etc
5. Repositioning
6. Insurance for business trips
7. Occupational injury insurance
8. Group life insurance
9. Pension
10. Vacation
11. The reduction in working hours as of 01.01.87
    To the Minutes

1. Salary during illness, pregnancy, childbirth and adoption, etc.

1.1

Full salary according to these provisions means all remuneration according to the established service plan. Part-time employees are paid proportionate wages.

A deduction must be made from the salary paid to the employee for any benefits from the National Insurance Scheme. If social security benefits have been granted for a period back during which wages have already been paid, the employer may demand that such a large part of the benefits be transferred for this period that the salary is covered.

1.2

When a person who is employed and has taken up a position in the enterprise is absent from work with the right to sickness benefit, pregnancy benefit, parental benefit in connection with birth and adoption, care allowance, attendance allowance and training allowance in accordance with the provisions of the National Insurance Act, the person in question shall be guaranteed remuneration equivalent to full salary in his or her full-time or part-time position,   The income guarantee applies for 3 years for employees who are absent from work with the right to attendance allowance and training allowance.

1.3

An employee who has been fully fit for work for 1 month since he or she last received sick pay is again entitled to pay during illness for up to 3 months.   is again entitled to pay during illness after 1.2.

1.4

Pregnant employees with high-risk work and who, in consultation with a doctor or pursuant to legislation/regulations, have been transferred to other work in the health trust, shall retain their full salary. If the pregnancy means that the employee is temporarily unable to perform her normal work and the work cannot be arranged in such a way that it is possible to relocate, she has an extended right to paid leave corresponding to the period from the time of resignation until the time when she starts receiving parental benefit.

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2. Salary during carer's leave

Employees who take care leave pursuant to the provisions of Section 12–3 (1) and (2) of the Working Environment Act shall be guaranteed 2 weeks (10 days) off with full pay. 

3. Pay during time off during breastfeeding

Employees are given time off with full pay for up to 2 hours per working day to breastfeed
their child. The free period is assessed in relation to the number of hours worked per day.

4. Salary during military service, etc

Employee with at least 12 months of previous continuous service
In the health trust, 1/3 salary is paid less allowances from military authorities, during initial military service and in the Civil Defence.

Employees with dependents are paid full salary less remuneration from the military authorities. Breadwinner responsibility means that the employee provides for children under the age of 17. 

An employee with more than 6 months of continuous service in the enterprise shall be guaranteed full pay during the refresher exercise. When the refresher exercise lasts more than a week (7 days), deductions must be made from the civilian salary and other remuneration from the public sector. Part-time employees are paid proportionately.

Note to points 1-4:

The established practice with regard to the accrual of holiday pay during absence, as mentioned here, will be continued. Agreements regarding the accrual of seniority or rights during the absence are not changed.

When the employee in connection with birth and adoption has extended leave and reduced benefits in accordance with the National Insurance Act, the remuneration is reduced accordingly.

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5. Relocation

In the event of relocation within the same enterprise/enterprise due to illness, occupational injury, injury, rationalisation or other reasons that are not due to the employee's circumstances, the employee must at least retain his or her fixed annual salary at the time of transition.

In the event of an occupational injury, the salary must at all times correspond to the salary development the person in question would have originally received.

6. Insurance on business trips

Provisions on insurance for business travel and leisure time during business travel are laid down in a special agreement.

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7. Occupational injury insurance

7.1 Occupational injury

An employee who is affected by an occupational injury/illness and who has had this approved and determined through the National Insurance Scheme's final decision, is granted a lump-sum compensation calculated according to the National Insurance basic amount at the time of settlement.

The provision also applies in cases where an employee is injured as a result of violence and/or threats from the patient/user in their spare time and which results in total or partial incapacity for work or death.

The insurance company can only review the National Insurance Scheme's decision if this appears
as obviously incorrect and the insurance company will claim that the decision is invalid.

7.2 Coverage of expenses

If an employee is affected by an occupational injury, the employer must bear the expenses for medical treatment, healing and other necessary expenses caused by the occupational injury to the extent that the expenses are not covered by the public sector, in addition to which significant legal costs that have been decisive in changing the decision in favour of the employee are covered.

7.3 Remuneration

An employee who is unable to perform his or her work as a result of an occupational injury, and who is entitled to sickness benefit in the event of an occupational injury from the National Insurance Scheme, is entitled to leave of absence with full pay, regardless of the National Insurance Scheme's income limitation (cf. Section 8–55, letter e) of the National Insurance Act). Additional paid leave of absence may be granted if there is reason to believe that the person in question can resume work or be transferred to another position within a reasonable time. It is a condition that the payment does not lead to the loss of benefits from the National Insurance Scheme.

7.4 Damage while traveling

Corresponding compensation paid pursuant to sections 7.1 to 7.10 is paid when the employee
are injured in the event of an accident on direct ordinary travel between home and work and on approved business travel.

7.5 Losses in future acquisitions

In the event of an occupational injury/illness that leads to occupational disability of 100%, the compensation sum is set at 15 G. The compensation is reduced proportionately if the occupational disability is lower.

7.6 Compensation for permanent injury

In the event of permanent medical disability of at least 15%, compensation for permanent injury is also paid in the following way:

15–29% medical disability	1 g
30-70% medical disability	2 g
Over 70% medical disability	3 g

7.7 Death

When an occupational injury/illness results in death, an amount of 15 G is paid to the survivors as defined in section 8.3. 

7.8 Coordination of benefits in the event of death, occupational injury and travel

The total compensation to the bereaved may not exceed 18 G. 

7.9 Coordination of the rules with the Occupational Injury Insurance Act

In cases where the Occupational Injury Insurance Act entails higher compensation than under the rules in sections 7.1 to 7.8 at the time of the calculation of compensation, compensation is paid in accordance with the Act. If the compensation under the above provisions is higher than under the Occupational Injury Insurance Act, the difference will be paid in addition to the payment under the Act.

7.10 Insurance

The enterprise/enterprise is obliged to take out insurance to cover the above-mentioned benefits.

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8. Group Life Insurance

8.1 Survivors

For employees who are employed by the enterprise, a lump sum is paid to survivors in the event of death, cf. section 8.3. In addition, survivors of employees who die within one year of commencement of leave or 2 years after transition to disability benefit, and who have not had any other ordinary work during the period, shall be covered.  

The amount is determined as follows:

8.2 Coverage:

Under 51 years	10.0 g
51 years old	9.5 g
52 years old	9.0 g
53 years old	8.5 g
54 years old	8.0 g
55 years old	7.5 g
56 years old	7.0 g
57 years old	6.5 g
58 years old	6.0 g
59 years old	5.5 g
Over 59 years	5.0 g

(G = National Insurance basic amount)

8.3 Preferential treatment of the sum insured

The sum insured is paid in the following order (irrevocably favoured in the order in which they are mentioned):

A. The deceased's spouse (see, however, letter C).

B. Cohabitant (see, however, letter C).

C. Children under 20 years of age. They must have paid at least 40% of the compensation amount, even if it is a spouse or cohabitant entitled to compensation.

D. Other persons who were largely supported by the deceased. Support is based on whether a tax deduction has been granted at the last tax assessment. 

8.4 Cohabitant

A cohabitant is a person who has a common residence and children together with the employee, or who can document that the cohabiting relationship has continued for the past 2 years. This does not apply if, at the time the insurance event occurred, there were circumstances that prevented legal marriage from being entered into. A registered partnership is considered to be the same as marriage under this provision pursuant to the Act of 30 April 1993. 

8.5 Funeral contributions

If there are no survivors as mentioned above, 1.5 months' salary, but at least 1/2 G, is paid to the deceased's estate. 

8.6 Insurance

The enterprise/enterprise is obliged to take out insurance to cover the above-mentioned benefits.

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9. Pension

9.1

At present, employees in the health trusts are covered by pension schemes in SPK, KLP, the Pension Fund for the Health Trusts in the Capital Region, Oslo Pensjonsforsikring AS and the Act relating to the Pension Scheme for Pharmacy Activities, respectively. Furthermore, the pension schemes for employees in the health trusts are currently partly governed by law and partly by collective bargaining. 

In Ot.prp no. 66 (2000–2001) p. 54 under the item on the continuation of pension schemes, it is stated, among other things:

"The Ministry understands this, and will therefore already now establish that it will be enshrined in the articles of association that employees shall be able to continue their pension schemes within the gross public system."

The enterprises must have an occupational pension scheme for their employees, including the current "transfer agreement". It is stipulated in the articles of association that the employees shall be covered by public occupational pensions.

The parties have a common goal of agreeing on more detailed content and design of pension conditions for employees in health trusts, including the necessary harmonisation of the current occupational pension schemes and the AFP scheme. Until this work has been completed and the parties have agreed on another pension scheme, the parties agree to continue existing pension schemes for the employees, including the current scheme, with regard to what constitutes pensionable income. The existing AFP scheme will be continued in the same way.

Employees who are new employees in the enterprise after 1 January 2002 are enrolled in the same pension scheme as the other employees in the enterprise in which they are agreed to serve, except in cases where the supplier does not accept such registration. In these cases, the employees will be enrolled in a scheme in accordance with the conditions in the articles of association.

The pension rights shall, to the extent possible, be covered by insurance.

9.2

From 01.01.2020, the pension scheme shall cover all employees (permanent and temporary) and from the first hour worked; The National Salary Board's rulings in Cases 01 and 02/2019 (LO Stat), as well as the minutes of 22.11.2019 (Unio, Akademikerne and SAN).  

Permanently employed employees are enrolled in the pension scheme on the day they
starting in the permanent position.

Hourly paid employees, temporary employees and work in excess of permanent employment, etc., must be reported in arrears at the end of the quarter. The employee must then be reported on the basis of an average FTE percentage for the entire quarter. However, FTE percentages exceeding 100% are not taken into account. Overtime work shall not be included.

Temporary employees are covered for risk until the end of the quarter in which the employment begins. The risk coverage means that the employee in the event of disability, or the survivors in the event of death, will be entitled to a pension as if he or she had been enrolled from the time of employment at the agreed FTE percentage.

This does not apply to employees who have their pension scheme under statutory provisions
pension schemes.

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10. Vacation

The parties have advanced the fifth week of holiday, cf. Section 15 of the Holiday Act, in addition to the statutory 25 working days, cf. Section 5(1) of the Holiday Act, so that holiday pursuant to the Holiday Act and contractual holiday together amount to 30 working days. Of this, the contractual holiday amounts to 5 working days.

Extra holiday for employees over the age of 60 of 6 working days is maintained, cf. Section 5 (1) and (2) of the Holiday Act.

An employee may request five 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 introduce the fifth holiday week in the Holiday Act, the contractual holiday must be reduced accordingly.

Holiday pay is calculated in accordance with Section 10 of the Holiday Act. The general percentage
for holiday pay shall be 12% of the basis for holiday pay, cf. section 10 nos. 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.

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.

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.

The employee can demand that the contractual part of the holiday is given together within the holiday year, cf. section 7 no. 2 of the Holiday Act, so that 1 week of continuous holiday is achieved. This means that a day of holiday pursuant to the Holiday Act is granted together with the contractual holiday, so that remaining holiday pursuant to the Holiday Act, cf. Section 7 no. 2 of the Act, and contractual holiday constitute 2 periods of 6 working days each. The parties locally are encouraged 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 New Year's weekend.

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

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

For those employees who have been employed for the entire accrual year, a one-off calculation of holiday pay is made in June. The part of the holiday pay that exceeds the salary for normal working hours during the holiday (the holiday pay supplement) is paid together with the salary for the month of June. Ordinary salary must be paid when the holiday is taken.

If the employment relationship is terminated, all accrued holiday pay must be paid on the last ordinary payday before resignation. The part of the holiday pay that cannot be calculated by this time will be paid in connection with the final wage settlement.

11. The reduction in working hours as of 01.01.87

The reduction in working hours as of 01.01.87 will be continued.

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For the Minutes:

In

The parties have agreed to continue the multipartite liaison committee that works with all aspects of the health trusts' pension conditions.

The committee shall consist of two representatives from each of the main organisations (LO, YS, SAN, Unio, Akademikerne) as well as up to ten representatives from Spektrum and the health trusts/regional health authorities. Spektrum chairs and is the secretariat for the committee.

The Committee shall be a forum for discussions and mutual exchange of views, and shall not take over the tasks of the parties to the collective agreement. The main areas of the Commission's work will include both long-term and short-term issues related to:

• Contents/Retirement Benefits
• Organisation and management
• Finances and finance
• Changes in relevant legislation

The Committee itself decides on the content and topics that are the subject of the Committee's consideration. The parties assume that pension topics that are brought up in collective agreements should be addressed in advance by the committee. 

The work is carried out on the condition that the employer's freeze of the employees' pension conditions continues, in line with established practice and unless the parties agree otherwise, until 30.04.26.

The enterprises in area 10 have a public occupational pension scheme with an associated AFP scheme.

II

It is a prerequisite that members who are not covered by a collective agreement shall have corresponding rights under the provisions of this protocol.

III

With regard to the conditions for membership of the pension scheme, from the second quarter of 2013, all employment relationships in the health trusts shall be considered as a whole.

IV

The pension pay scheme will be continued.

V

The parties agree that a multipartite working group will be appointed to review and discuss the provision regarding pay for time off during breastfeeding (section A1 item 3), with regard to the purpose of the regulation, and in particular related to long, continuous work periods. The deadline for the work is set at 31 December 2024.

WE

Occupational injury

The parties will jointly follow up the initiatives taken with the authorities in connection with occupational injury compensation for health personnel in connection with organised training and exercises.

Violence and threats against employees

The regional health authorities and health authorities have zero tolerance for violence and threats against employees. The practice of dismissal by the police may limit the right to compensation for victims of violence. The parties have agreed to cooperate on this topic and to take the initiative for joint dialogue with the relevant authorities. The parties agree that it is important to create attitudes in order to help ensure that such matters are reported.

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