Collective agreements in the state

The main agreement for the state 2023 - 2025

Main agreement in the state entered into between the state through the Ministry of Local Government and Regional Development (KDD) and Akademikerne, LO Stat, YS Stat and Unio. NITO has a negotiation collaboration with Akademikerne in the state, and the agreement also applies to NITO's members. Valid from 1 January 2023 to 31 December 2025.

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

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Table of contents

The purpose of the agreement and the intentions of the parties

Part 1 Co-determination

Part 2 Rights and obligations of the parties

Part 3 Rules supplementing the Service Disputes Act

Section 4 Interpretation disputes and duration

The purpose of the agreement and the intentions of the parties

§ 1 Purpose and intentions

1. Main purpose

The state and the main confederations for the state employees have entered into this main agreement with the aim of creating the best possible basis for cooperation between the parties at all levels.
The main agreement for employees in the state shall also have the purpose of: 

  • be the basis for the employees' right to co-determination in addition to , among other things, the Service Disputes Act, the Civil Service Act and the Working Environment Act
  • give workers a real say in how their workplace is organised and how working methods are developed;
  • be a tool for developing management, co-determination and the working environment
  • provide the individual employee with the opportunity for professional and personal development, and the work must therefore be organised and organised in such a way as to benefit from the employees' knowledge
  • Develop the collaboration so that it can contribute to flexible and user-friendly service provision with a good working environment, good management, better results and a good relationship with the citizens.

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2. Distinguish between political democracy and corporate democracy

The rights under the main agreement and the enterprises' adaptation agreements must be exercised in such a way that the public administration implements the decisions of the political authorities, while at the same time giving employees real co-determination in matters relating to the work situation.

3. Inclusive working life

The parties agree that it is important to work for a more inclusive working life for the benefit of the individual employee, the workplace and society, so that the drop-out rate from working life is reduced. An inclusive working life shall also contribute to the development and use of the individual's resources and ability to work in active work.

4. Tools for restructuring

The state is constantly faced with new requirements, which include changes in working methods, roles, organisation and regulations. The parties therefore see the main agreement as a tool for restructuring, streamlining and renewing the central government sector, and the agreement is intended to contribute to good services in order to maintain legitimacy and trust among citizens.

Restructuring work requires managers and union representatives who are involved in the process and who have good common strategic knowledge and who can communicate the need for change and ways of changing so that it is understood and accepted by the employees. This is important in order to create the necessary security and acceptance of the restructurings, so that they are effective. It is important that the employees experience the greatest possible predictability to the content, cause and direction of the processes. 

5. Equal parties

The prerequisite for achieving the main agreement's goal is that the employees and employers in the state's enterprises meet as equal parties. It is also a prerequisite that the parties meet with a willingness to find solutions, even though they have different roles and may therefore have different interests to safeguard. Their representatives must meet with the necessary powers, qualifications and attitudes. The parties have a joint responsibility for developing a good, open and solution-oriented culture of cooperation.

6. Exercise of the right of co-determination

The parties agree that the right of co-determination is best exercised through the organisation's elected representatives, and in such a way that they are included in the investigation and decision-making process as early as possible, so that co-determination becomes real. The parties shall also facilitate forms of participation that give the employees direct influence on the organisation of work and the performance of tasks within their own field of work. In this context , the parties agree that experimental activities may be carried out by agreement to develop organisational and working methods that can make the employees' co-determination effective, cf. the Working Environment Act's requirements for adaptation of the work. This implies a common understanding that co-determination is exercised at all organisational levels in the enterprise, so that the employees are given real influence on the organisation of work and the performance of tasks, cf. also section 2.3 of the Basic Collective Agreement.

7. The position as a union representative

The organisations' elected representatives carry out their duties as a necessary part of a democratisation of working life within the individual state activities. The position shall be equated with ordinary service. The position provides competence and must be emphasised in the person's further service and career. 

The employees of the enterprise are expected to submit proposals for measures that enable the enterprise to achieve the best possible results. The organisations must carry out their activities in such a way that the progress of the work and the efficiency of the activities are not impeded.

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8. Leadership

Governance in the state is based on democratic and constitutional values and is exercised in cooperation with the employees for the benefit of society in accordance with political decisions. The company's top manager must engage in and support the cooperation between the parties in the company.

Managers who are employers' parties, cf. section 13, must engage in the cooperation between the parties and facilitate real co-determination. Managers at all levels must exercise a supportive and involving form of leadership and contribute to preventing and resolving conflicts. The employee representatives must be included in the decision-making process in matters concerning the employees' work situation, including issues related to the environment and climate. The employer shall provide the employee representatives with the best possible working conditions in order for them to be able to fulfil their duties.

9. Information and communication technology and artificial intelligence (ICT and AI)

ICT and AI will help to provide citizens with better services, strengthen the quality of services and be an important tool for renewal and efficiency.

Union representatives are important contributors and must be involved in the development process.  

10. Basis for personnel policy

One of the purposes of the main agreement is to create a basis for the state's personnel policy in the areas covered by the agreement, with the limitations that follow from laws, regulations, etc. The parties to the main agreement therefore emphasise that it is important to prioritise personnel work and in this way contribute to ensuring that the imposed social tasks are carried out in the best interests of the citizens.

11. Sustainability

Sustainability must be part of the cooperation between the parties and co-determination. It is important that restructuring is facilitated that ensures innovation, nature and climate-friendly solutions.

12. Follow-up and training

The parties in the individual enterprise/operating unit (cf. section 3 nos. 2 and 3) shall together and individually ensure continuous follow-up and training of managers and employee representatives, with a view to a common understanding of the intentions of the main agreement, cf. section 35 no. 8.

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Part 1 – Co-determination

Chapter 1: Main agreement and co-determination in the event of restructuring

§ 2 Scope of application

The main agreement applies to the employment situation of employees who are covered by the Public Service Disputes Act. The main agreement applies to the exercise of management and cooperation in the individual enterprise.

§ 3 Definitions

  1. An organisation means an employee organisation that is affiliated to a main confederation and its subdivisions.
  2. Activities mean any government agency or institution. After this, e.g . a ministry, an agency and each individual university will be regarded as an enterprise.
  3. An operating unit means geographically dispersed and/or administratively independent units or district offices, regions or county administrations, etc. within the enterprise.
  4. A classified system is a system in which a computer facility, data processing program or data is classified in accordance with the National Security Act of 1 June 2018 No. 24 (the Security Act).

§ 4 Political decisions

  1. Union representatives shall not participate in political decisions, decisions related to political priorities, decisions made on the basis of laws, regulations, resolutions of the Storting and royal decrees, as well as decisions on issues that mainly concern the enterprise's social role (relations with citizens).
  2. If disagreement arises between the employer body and the organisations in the individual enterprise as to whether a decision falls under this section, this question is decided by the superior ministry.
  3. The question of how a decision is to be implemented shall be subject to co-determination in accordance with the adaptation agreement. Co-determination does not apply if the method of implementation must be regarded as political, or where it affects or has significance for the political part of the decision.
  4. If a political decision could affect the employees' work situation to a significant extent, and the company prepares a statement on the matter, the employer must ensure that the employee representatives are given the opportunity to comment. The union representatives can demand that the statement follow the case up to the superior ministry.

§ 5 Co-determination in connection with restructuring

  1. In cases where the employment situation of employees in several enterprises will be significantly affected, a separate agreement shall stipulate how co-determination is to be exercised.

    The agreement shall be entered into between the relevant superior ministry and the concerned civil servants' organisations at the union level, cf. section 14.

    If enterprises under several ministries are affected, the agreement is entered into between the Ministry and the main confederations.
  2. The agreement must clarify who is to exercise the party relationship. In addition to this, the designated parties themselves should have the freedom to find practical arrangements within the framework stipulated in section 4 no. 1 and section 19 of the main agreement.
  3. If a restructuring process involves several enterprises (cf. no. 1), the enterprises shall individually and in the ordinary manner, process and decide on the matters that are not covered by the restructuring process.
  4. In consultation with the main confederations, the Ministry may issue further guidelines on how co-determination is to be exercised in the event of restructuring in the central government.

§ 6 Co-determination in projects and steering groups

Co-determination shall also be exercised where projects, steering groups, interim organisations etc. are established in matters that may have a significant impact on the employees' work situation. If matters arise that are to be discussed or negotiated according to the main agreement, this shall take place continuously between the parties, cf. sections 13 and 14, without delaying the process.

§ 7 Evaluation of co-determination

At least one evaluation meeting shall be held annually between the parties in the enterprise. The evaluation shall include discussions of experience on the cooperation between the parties and the practice of the main agreement and the adaptation agreement in the individual enterprise. The evaluation meeting may be combined with the necessary training. This will take place jointly between the parties in the same arena for cooperation. The highest employer representative for the enterprise or operating unit is expected to participate. The employer is responsible for convening a meeting and keeping minutes.

Chapter 2 Adaptation agreement (local agreement on co-determination)

§ 8 Adaptation agreement in the individual enterprise – purpose and scope of application

  1. The parties in the individual enterprise shall enter into an agreement on co-determination that is adapted to the needs of the enterprise and the employees. Emphasis shall be placed on arrangements that give employees, through their organisations, opportunities for real co-determination at the various levels of the enterprise and so that they can participate as early as practically possible in the decision-making process.
  2. Agreements between the Ministry and the main confederations on issues covered by the main agreement (Part 1) take precedence over adaptation agreements.

§ 9 The adaptation agreement – conclusion and content

  1. Within the framework of Part 1 of the Basic Agreement, the parties at the enterprise level shall enter into an adaptation agreement on co-determination. If these parties agree, other forms of cooperation than those described in the main agreement can be agreed. Adaptation agreements must be within the scope of the main agreement and the framework stipulated in section 4 no. 1 and section 19.
  2. The adaptation agreement shall:
    a. encompass the entire enterprise and contain more detailed rules on how to adapt the main agreement Part 1.
    b. describe what is to be regarded as the enterprise, as well as the division into operating units and work areas where co-determination is to be exercised, cf. Section 3.   In this context , consideration should be given to whether there are clear employer obligations pursuant to Part 1 within a relevant area of work.

    Note to b:
    In government agencies where the individual institution in certain contexts is regarded as a single enterprise, but which have a board of directors in common with other institutions, it is agreed between the superior ministry and the organisations how the Basic Agreement's use of the term "enterprise" is to be adapted to this management structure.
    c. regulate the division of labour between the Working Environment Committee, cf. Section 7-2 (2) of the Working Environment Act, and the forums for co-determination established on the basis of the adaptation agreement, cf. Section 25.

    d. clarify in what way employee representatives, who have security clearance and have the necessary authorisation for classified systems, shall be given access to information in relation to such systems and what restrictions must be stipulated for access to them, cf. section 17 no. 9.

    e. specify which co-determination scheme and which forms of cooperation are chosen, cf. no. 1

    f. provide further rules on the employee representative's right to use office technical equipment, cf. section 36 no. 4 of the Basic Agreement

    g. contain provisions on when and how the organisations' members are to be counted, cf. section 14

    h. regulate the cooperation in order to safeguard the activity and reporting duty, cf. section 31.
  3. If required by either party, the Adaptation Agreement shall also:
    a. contain provisions on information routines, as well as deadlines for sending out case documents in advance of meetings
    b. regulate how arrangements are to be made for the exercise of the office of union representative
    c. contain provisions on measures for joint training, cf. section 1 no. 12.

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§ 10 Dispute regarding the conclusion of an adaptation agreement (Conflict of interest)

  1. If the parties do not agree on the content of the adaptation agreement, the issues on which there is disagreement shall be decided by a tribunal, or by the superior ministry, if the parties so agree . In such cases, the rules on mediation in section 24 do not apply.
  2. The Tribunal shall have a neutral chair. If the parties do not agree on who is to be the chairperson, this person is appointed by the head of the Labour Court.
  3. The main associations that have members in the enterprise each appoint a representative on the Board.
  4. On behalf of the state, the employer in the enterprise appoints as many representatives as the organisations combined.
  5. The case cannot be brought before a multipartite tribunal if the enterprise is a ministry, or if a ministry is part of the enterprise.

§ 11 Dispute over the interpretation of the adaptation agreement (Litigation)

  1. If the parties do not agree on the understanding of the adaptation agreement, the parties may bring the case before a tribunal that is composed in accordance with the rules in section 10. If the parties do not agree to use a tribunal, each of the main confederations or the ministry's superior decides whether the case should be brought before the Labour Court.
  2. The case cannot be brought before a multipartite board if the enterprise is a ministry or if a ministry is part of the enterprise.

§ 12 Duration of the adaptation agreement

Adaptation agreements shall have the same expiry time as the main agreement. The parties to the adaptation agreement may make adjustments during the agreement period, if the parties so agree.

Chapter 3 Relationships between the parties

§ 13 Employer party in the individual enterprise

  1. The employer party in the individual enterprise is the administrative link that is responsible for processing cases pursuant to the main agreement or the adaptation agreement. Negotiation matters must take place at the employer level that has the authority to enter into an agreement on the matters under consideration.
  2. Who are the parties on the employer's side can vary depending on the case in question. When a matter is to be negotiated, the representative in question must have the necessary authority to bind the employer, cf. section 19 no. 1.

    When matters as mentioned in the main agreement or the adaptation agreement are to be dealt with by a board of directors or a collegiate governing body, the parties have the same rights and obligations as otherwise, with the exception of what is stated in paragraph 3. This applies even if the body has been given its mandate or authority in, or pursuant to, laws, regulations or royal decrees.
  3. A case may not be resolved in accordance with the rules in Section 24 or other dispute resolution rules if provisions in, or pursuant to, laws, regulations or royal decrees have assigned the body alone to make a decision in the case (exclusive competence).

    For practical reasons, collegial governing bodies should authorise the relevant director, manager or similar, possibly a negotiating delegation, to discuss and/ or negotiate.

§ 14 Employee participation in the individual enterprise

  1. The employee is:
    a. the organisations that organise at least 10% of the employees in the relevant enterprise, operating unit, work area affected by the case,
    b. primary organisations under the same main confederation which have
    together their membership numbers, so that they together achieve at least 10%.
    c. main associations that have members in the enterprise, operating unit or area of work where the primary organisation(s) do not meet the 10% requirement. The main confederation in question can then appoint one representative with rights under the adaptation agreement like the other union representatives. At the enterprise level, the main confederations must have at least 2 members. The provision in section 37 on assistance from other employees does not apply to union representatives pursuant to this section. Nor does this function provide an independent basis for leave of absence pursuant to section 38 no. 1.
    Note to c:
    The 10% limit does not apply to negotiations on personnel regulations, cf. section 19(2)(d). In such negotiations, the concept of party in the Service Disputes Act applies, i.e. that the party relationship is the same as in wage negotiations.
  2. The organisations and their sub-divisions can elect union representatives for specific subject and/or work areas (student representatives, etc.).
  3. The employer's obligations pursuant to Part 1 of the Basic Agreement must always be directed at a union representative within the work area, possibly the operating unit or the enterprise if it is not divided into work areas.

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§ 15 Independent organisations

  1. Employee organisations that are not members of a main confederation with the right to negotiate may accede to this agreement, in whole or in part, when the confederations and the Ministry so agree.
  2. Any accession takes place by entering into an agreement to this effect between the independent organisation and the Ministry. After accession, the independent organisation is to be regarded as an organisation pursuant to section 3 no. 1 of the Basic Agreement . The organisation is granted party status in the enterprises in the state where the organisation fulfils the conditions in section 14 (1 a). The organisation is bound by the agreement until either the Ministry or the main confederations terminate it in accordance with section 52.
  3. In accordance with the rules in the main agreement, it is the main confederations that have the opportunity to have representatives on the tribunals referred to in sections 10 and 24.   
  4. The understanding of the provisions of the main agreement is always a matter between the Ministry and the main associations in the state.

§ 16 Employees paid by collective agreement, etc.

  1. Organisations that are members of a main association and that have members who are not covered by the Service Disputes Act have the opportunity to accede to the main agreement for employees in the state in its entirety, possibly with absolutely necessary exceptions. Such appointment may take place in each enterprise, or in the individual ministry for the area covered by this ministry.
  2. Accession means that the organisations are to be treated on an equal footing with the organisations covered by section 3 no. 1 of the Basic Agreement. This means, among other things, that such organisations receive proportionate representation within the maximum number of members in any committees, in the same way as organisations that are affiliated to a main association. All main associations must nevertheless be represented on the committee if they have members within the area.

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Chapter 4: Forms of co-determination

§ 17 Information

  1. The employer is obliged to provide the employee representatives who are covered by this agreement with information about the matters mentioned in sections 18 and 19 below.
  2. The employer must provide information as early as possible during the administration's processing of the cases, so that the employees' opportunities for co-determination are real in the various phases of the processing.
  3. When a decision has been made as mentioned in section 4 no. 1, and which has an impact on the individual's work situation, the employer must quickly inform the employee representatives of this.
  4. In addition to the matters mentioned in Sections 18 and 19, the employee representatives shall have information about:
    a. the enterprise's accounts and finances
    b. decisions in governing bodies and administration of importance to the employees
    c. who is hired and who leaves
  5. Information is provided in meetings, electronically or in writing. The employee representatives must at all times be made aware of the documents that are of importance to the cases in question. As a general rule, case documents must be submitted together with a request for discussion or negotiation. Further provisions on how and when the information is to be provided shall be stipulated in the adaptation agreement in the individual enterprise or operating unit, if one of the parties so requires.
  6. Information must be provided without unnecessary use of special terms. If the case is complicated, or requires special insight, the employer must ensure that the organisations through the employee representatives receive an appropriate professional introduction.
  7. In the case of information arrangements in matters of great importance to the employees, e.g. in connection with streamlining, organisational changes, etc., the employer has a special responsibility to ensure that all employees are particularly well informed. Such briefings must be planned together with the employee representatives.
  8. The organisations represented by the employee representatives are obliged to provide the employer with information about matters that are being dealt with in the organisations and about which it is important for the employer to obtain information.
  9. In enterprises that use classified systems, cf. section 3 no. 4, the organisations undertake to provide employee representatives who have the necessary security clearance (personal clearance) and can be granted the necessary authorisation. Such systems shall therefore not prevent information from being provided in accordance with the main agreement and the enterprise's adaptation agreement.

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§ 18 Discussions

  1. The employer is obliged to take up the following matters for discussion with the organisations represented by the employee representatives. The organisations represented by the union representatives may demand that discussions be held on the same issues:
    a. Budget proposal

    Note to a:
    At the beginning of a new budget year, the local parties must clarify how the right of co-determination is to be safeguarded during the period. This can be done, for example, by setting up a meeting calendar that is in accordance with the company's budget routines.

    When the superior ministry is included as part of the activities, only budget proposals from the individual operating units will be the subject of discussion in the ministry.

    b. Conversion of an unfilled position
    c. Construction projects
    d. the enterprise's plans and plans for how the adopted budget shall be
    (business plans), including environmental and climate considerations
    e. selection of procurement and allocation of equipment and aids in the case of all forms of capital goods, including the specification of requirements on which a tender is based;
    f. training, cf. Chapter 7.
    g. the establishment of a work schedule (service list, roster, roster and
    similar)
    h. matters under Section 7-2 (2) of the Working Environment Act that will be the subject of discussion pursuant to the main agreement and which the parties to the adaptation agreement agree shall be dealt with in accordance with the rules in these agreements
    I. Reallocation between salary expenses and other operating expenses

    2. Other matters that are not expressly mentioned in paragraph 1 or in section 19 (2) and which one of the parties believes are of importance to the employees' work situation shall be discussed between the parties if either the employer or the organisations represented by the employee representatives so require.

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§ 19 Negotiations

1.  Decisions taken in the course of negotiations must:

  • be within the employer's area of authority;
  • be within the framework of budget decisions made by the Storting, or within the framework of budget authorisations granted by the Storting;
  • be subject to and in accordance with the instructions or priorities laid down by the individual superior ministry for the enterprise, or by the enterprise itself pursuant to authorisation.

2.  The employer is obliged to take up the following matters for negotiation with the organisations represented by the employee representatives, unless the parties agree otherwise in the individual case (cf. nevertheless no. 1). The unions represented by the union representatives can demand that negotiations be resumed on the same issues.

The list in letters a) to f) below is exhaustive:
a.     internal organizational changes where the following three conditions are met at the same time:
-  The organization chart changes
-  The change is intended to last over six months
-  The change entails redeployment of staff and/or equipment

Cooperation on internal organisational changes may take place in multipartite working groups, cf. also Section 5(3) and (6).

b.    the creation of a new position (staffing increase), unless the allocation of new positions has already been decided through the budget process, or alternatively by the person who has the budget allocation authority

c.     welfare measures and distribution of welfare funds set aside in accordance with guidelines from the Ministry

d. personnel regulations, cf.    Section 2 of the Civil Servants Act. See also comment to section 14 no. 1

e.     the use of areas for work premises, quiet rooms, rest rooms, dining rooms, including in new, rented or converted premises

Note to e:
The location of departments or which office or workplace is to be used by the individual employee is a matter of discussion. The same applies to the question of whether an office space should be open or divided into offices.

f.      matters under Section 7-2 (2) of the Working Environment Act that will be subject to negotiations pursuant to Part 1 of the Basic Agreement and which the parties to the adaptation agreement agree shall be dealt with in accordance with the rules in these agreements.

3.      The organisations have the right to comment on matters that will not be subject to negotiation in accordance with paragraph 1. If the organisations so require, such statements shall follow the case to the superior body, but no further than to the superior ministry.

Chapter 5: Rules of procedure for discussion, negotiation and dispute resolution

§ 20 Deadlines

  1. Negotiations or discussions shall commence no later than two weeks after the claim has been made, unless the parties agree on another deadline. The negotiations or discussions may be requested to be concluded one week after they have begun.
  2. The parties are obliged to comply with the stipulated deadlines that apply to the administrative processing of the cases covered by Part 1 of the Basic Agreement. The employer must ensure that the employee representatives are given a reasonable amount of time to familiarise themselves with the cases, cf. Section 17 (1) and (2).

§ 21 Minutes of discussions

After discussions, the employer draws up minutes. The minutes shall be brief, but such that the views of the parties are stated in the minutes. The minutes must not be signed, but approved by the participants or their representatives. If a decision has been made in the case, it must be recorded.

§ 22 Disagreement during discussions

  1. Discussion cases are processed at the level within the enterprise that has the matter under consideration. The employer makes the final decision at the level at which the case is to be decided. Before the employer takes a stand, there must have been genuine discussions with the employee representatives. The matter must be discussed again if the employer wants to make a different decision than that expressed in previous discussion meetings, even before it has been recorded in the minutes.
  2. If no agreement is reached on the establishment of work plans (cf. section 18 (1) g), the dispute is settled by the superior ministry or the authority to which the employee in question is administratively subject. Before the superior authority decides on such matters, they shall be discussed with the representatives of the organisations concerned.
  3. Any doubt or disagreement as to whether a system should be graded or not may be discussed between the parties, cf. section 9 (2) d. Either party may request that the matter be submitted to the National Security Authority before the discussion is concluded.
  4. If the case is to be decided by a higher authority, the minutes shall accompany the case up to the superior authority. However, minutes from budget discussions shall not follow the case further than to the individual overarching ministry.

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§ 23 Minutes of proceedings

  1. Minutes of the negotiation meetings must be kept. The minutes include the time and place of the meeting, the names of the parties and their representatives, the documents to be presented and the final outcome of the negotiations. If a response is to be given to the proposals submitted, a deadline is set and included in the minutes. If agreement is not reached, the parties' positions at the conclusion of the negotiations shall also be stated in the minutes.
  2. At the end of the negotiations, the parties' negotiators, for their own part, may demand that minutes be included containing the reasons and assumptions for the positions they have adopted. Such additions to the minutes must be submitted at the meeting.
  3. If the parties do not agree otherwise, the minutes are drawn up and signed at the meeting. Each party receives a copy.

§ 24 Dispute resolution in negotiation cases

  1. Negotiations shall take place at the level within the enterprise that has the authority to enter into an agreement.
  2. If it is not possible to reach an agreement, mediation shall be conducted with a view to resolving the matter, if one of the parties so demands. Mediation is carried out by the senior manager or another member of the management of the enterprise, if the parties do not agree on another mediator within the enterprise.  
  3. If no agreement is reached during mediation, the employee representatives must notify the employer without undue delay whether they either demand that the case be decided by a multipartite board in accordance with the rules in section 10, or whether they will bring the case before the superior ministry. If the organisations do not agree on this issue, a multipartite board is elected. The superior ministry may not be both mediator and dispute resolution in the same case, cf. paragraph 2.
  4. The Tribunal and the superior ministry are not bound by any agreement between the employer and one or more organisations. The case may not be brought before the superior ministry if decision-making authority by law or royal decree has been assigned to another authority. Furthermore, the case cannot be brought before a multipartite tribunal if the enterprise is a ministry or if the ministry is part of the enterprise.
  5. If the case is brought before the superior ministry, the case is decided there after discussions with the organisations.

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Chapter 6: Relationship to the Working Environment Act

§ 25 Exemptions from the Act relating to the Working Environment, Working Hours and Job Protection etc. (Working Environment Act)

If the parties to the enterprise agree that matters mentioned in Section 7-2 (2) of the Working Environment Act shall be dealt with in whole or in part in accordance with the rules in the main agreement and the adaptation agreement, provisions to this effect shall be included in the enterprise's adaptation agreement, cf. Royal Decree of 6 June 1980.

§ 26 Annual report

Each year, the employer must submit a report on the matters that have been dealt with in accordance with the rules in the main agreement and the adaptation agreement instead of in the working environment committee. The report is prepared in consultation with the organisations concerned and is attached to the report that the Working Environment Committee is required to submit in accordance with Section 7-2 (6) of the Working Environment Act.

§ 27 Relationship with the Labour Inspection Authority

  1. When issues that fall under Section 7-2 (2) c of the Working Environment Act (plans that require the Labour Inspection Authority's consent pursuant to Section 18-9 of the Working Environment Act) are dealt with in accordance with the provisions of the Basic Agreement and the Adaptation Agreement, cf. Chapters 2 and 3, Section 18-9 of the Working Environment Act and regulations apply correspondingly.
  2. When the rules in the Basic Agreement and the Adaptation Agreement are applied, the same rules apply to the relationship between the parties and the Labour Inspection Authority as otherwise apply between the Working Environment Committee and the Labour Inspection Authority.

§ 28 The rights of the safety representative

When issues that fall under Section 7-2 (2) of the Working Environment Act are to be dealt with in accordance with the rules in the main agreement and the adaptation agreement, the chief safety delegate (safety representative) shall participate in the meetings. The Ombud is not a party, but has the right to speak and make proposals and can demand that his or her views be included in the minutes and minutes. The ombudsperson may be assisted by representatives of the enterprise's safety and health personnel.

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Chapter 7: Personnel policy in the enterprises

§ 29 Purpose

  1. An overarching objective in the central government is that employers in the enterprises, in cooperation with the employees' organisations, shall facilitate an inclusive and involving personnel policy that ensures safe and predictable employment conditions. To the extent that the individual enterprise's distinctive character allows, personnel policy in general and recruitment measures in particular, shall facilitate equality, inclusion and diversity in the enterprise, cf. Chapter 4 of the Working Environment Act and the Equality and Anti-Discrimination Act.
  2. The purpose of the personnel policy in the central government is to develop the employees' skills in such a way that they are enabled to perform the enterprise's prioritised tasks in a good manner. The employer has an overall responsibility for systematic competence development in the enterprise. The individual employee must be followed up through employee and development interviews. Individual employees shall be ensured the opportunity to develop their skills in line with new requirements and future needs through competence-providing tasks and other development measures. Each employee must also take responsibility for their own competence development.
  3. The employer shall, in consultation with the employee representatives, design a life-phase-oriented personnel policy, which, among other things, safeguards the senior perspective.

§ 30 Advertisement of positions

  1. The text of the advertisement for positions shall be designed with a view to ensuring diversity among the employees in the enterprises.
  2. When drafting the text of the announcement, consideration shall be given to whether special groups should be encouraged to apply, cf. Section 6 of the Equality and Anti-Discrimination Act.
  3. If the position is advertised temporarily, the employer must inform the employee representatives of the legal basis for the temporary position.
  4. The employee representatives shall have the opportunity to comment on the text of the advertisement before the position is announced.

§ 31 Equality, inclusion and diversity

  1. The employers in the enterprises are responsible for working actively, purposefully and systematically to promote equality and prevent discrimination, cf. Section 26 of the Equality and Anti-Discrimination Act. The work must be documented.
  2. The work will take place in collaboration with the employee representatives. The adaptation agreement will regulate how the cooperation is to be safeguarded in order to contribute to equality, inclusion and diversity. In enterprises where it may be appropriate to use positive discrimination, the adaptation agreement must contain further provisions on this, cf. Section 11 of the Equality and Anti-Discrimination Act.
  3. The employer is obliged to account for and provide information about gender equality measures in the enterprise, cf. Sections 26 a and 26 b of the Equality and Anti-Discrimination Act.
  4. The employer must discuss the activity and reporting duty with the employee representatives at least once a year.

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§ 32 Competence development

  1. It is important that goals and funds for personnel development are included in the business plan and budget. The employee representatives' co-determination takes place in accordance with the main agreement, cf. section 18 no. 1 d and f and the individual adaptation agreement.
  2. It is the employer's responsibility to map and analyse the company's competence needs.
  3. The mapping and analysis shall be carried out in cooperation between the parties. The survey is updated regularly, and at least once a year.
  4. To ensure good and efficient task solving in the individual enterprise, one tool may be to offer individual competence development and career planning.
  5. The employees must be given the necessary training in the use of new technology.

§ 33 Facilitation measures

  1. In order for the enterprise to be able to most appropriately meet the requirements laid down in the Working Environment Act and the Equality and Anti-Discrimination Act, the parties shall discuss the following:
    a.    measures to ensure that workers with temporary or permanent disabilities are able to obtain or retain suitable employment;
    b.     measures to enable persons with a temporary or permanent impairment to work or a disability to be employed in the enterprise, cf. Sections 4 and 4a of the Regulations relating to the Civil Service Act
    c.      measures necessary to safeguard workers who abuse drugs
    d.     measures that contribute to social inclusion in the workplace to prevent bullying and/or harassment
    e.      facilitation for employees who have difficulty adapting to a new work situation or new technology to fulfil other functions in the enterprise.

2.      The employer has a special responsibility to manage the business in such a way that employees covered by paragraph 1 are not subjected to unjustified differential treatment. Union representatives and the individual employee are responsible for contributing to this.

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Part 2 – Rights and obligations of the parties

Chapter 8: Establishment of a relationship between the parties

§ 34 Election rules – shop stewards

  1. At each enterprise and operating unit, employee representatives must be elected, if the employer or an organisation so requires.
  2. Union representatives shall preferably be elected or appointed by and from among the organisations' members in the enterprise who have experience and insight into the enterprise. The civil servants' organisations themselves decide how union representatives are elected.
  3. Full-time employees or part-time employees who work 14 hours per week or more or at least 35% of a full-time position may be elected as representatives (union representatives) for the employees.
  4. Employees who normally represent the employer in negotiations and discussions, etc., pursuant to Part 1, are not eligible to stand for election in the areas or levels at which they act as an employer's representative.

    If doubt arises as to who is covered by the first paragraph, this will be decided in negotiations in the enterprise in question. If no agreement is reached, either party may demand that the matter be decided by the superior ministry.
  5. Union representatives in the organisations are always to be regarded as representatives of the employees.
    6. Unless otherwise decided, the election is valid for one year at a time. If a union representative is no longer organisationally connected to the area or level at which co-determination in the position is exercised, he or she ceases to be a union representative.

§ 35 Mutual rights and obligations

  1. The employer must be notified in writing of who has been elected as the employees' representatives (employee representatives). Until the employer receives notification of new elections, the former union representatives will continue in their positions.
  2. The employer must have a responsible representative on a daily basis that union representatives can turn to. The union representatives must be notified in writing of the name of the representative.
  3. The union representative binds the members of his or her own organisation to the extent that law and collective agreements do not prevent this.
  4. The employer and employee representatives have a duty to do their best to create and maintain good cooperation in the workplace. Employee representatives shall deal with and seek to be resolved at the lowest possible level and 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.
  5. The employer is responsible for ensuring that conditions are facilitated, regardless of the working hours arrangement, including in terms of employment, so that the employee representative can perform his or her duties. 
  6. The employer and employee representatives must ensure that the obligations under law, collective agreements and regulations are followed. It is incompatible with these duties to incite or contribute to illegal conflict.
  7. The employer and employee representatives have the right to have inquiries answered without undue delay.
  8. The rights and obligations that follow from this section also apply to union representatives and employees of trade unions. However, they do not apply to safety representatives, chief safety delegates and representatives in the working environment committee, who have their rights and obligations stipulated in the Working Environment Act, unless specifically stated, or these are also employee representatives under this agreement. Also excluded are representatives on the recommendation and appointment council.
  9. When employee representatives participate in the processing of cases where confidential information is available, the employer must inform about this and also impose a duty of confidentiality on the employee representatives, cf. also Section 8-3 of the Working Environment Act. If information is classified, the organisations must provide security cleared and authorised employee representatives.
  10. Employee representatives who are to process classified information classified CONFIDENTIAL or higher must be security cleared and authorised in accordance with provisions stipulated in and pursuant to the Security Act.

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§ 36 Exercise of office as a union representative

  1. Union representatives must contact the employer's representative directly when they have something they want to raise with the employer.
  2. 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 superiors in advance of, and state the reason why, they have to 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.
  3. Union representatives must take due account of ensuring that the work suffers as little as possible.
  4. Union representatives are given the right to use the office's technical equipment and the enterprise's internal distribution channels for sending out minutes and minutes from discussion and negotiation meetings in the enterprise. Whether, and to what extent, the same shall apply to the sending of other information deemed necessary for the members is stipulated in the adaptation agreement.
  5. It may be agreed that the enterprise in question will make available office space, telephone and the enterprise's technical office equipment for union representatives who have been granted full or partial leave of absence to perform their position of trustee, cf. Section 37. All union representatives must have access to a telephone in the workplace.
  6. The position of union representative provides competence and must be emphasised in the person's further service and career (cf. also section 1 no. 5 and section 2.3 third paragraph of the Basic Collective Agreements).

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Chapter 9: Rules for leave of absence

§ 37 Rules for leave of absence at the workplace

  1. Union representatives are entitled to paid leave of absence during the exercise of their elected office. This also applies to participation in local wage negotiations.

    If the employee representative has a genuine need for assistance from other employees during information, discussion or negotiation meetings with the employer, they will also be entitled to paid leave of absence for this time.

    When a union representative needs assistance from other members or union representatives during meetings with the employer, the delegation should be limited as much as possible and should generally not exceed three representatives.

  2. In connection with meetings with the employer mentioned in paragraph 1, the employer may grant union representatives (and any other employees who are to assist union representatives) leave of absence with pay for necessary preparatory work.

  3. Within large and/or difficult areas, schemes may be established where man-years or parts of man-years are allocated to work as union representatives in the individual enterprise. The assessment takes into account the number of employees and their spread across occupational or staff groups and/or the geographical extent of the area. 

    The parties in the enterprise shall discuss the scope of the scheme and the distribution of frameworks between the organisations.

    In general, the salaried union representative must attend information, discussion and negotiation meetings. When minor cases are to be processed, where the salaried employee representative does not attend, the other union representatives will be entitled to paid leave of absence to participate in meetings with the employer about these matters.

§ 38 Other rules for leave of absence

  1. Union representatives at the workplace and employees with positions of trust within the organisation shall not, without compelling reason, be denied paid leave of absence to participate in:
    • Branch board, association board and national board meetings, national meetings and
    the organisations' congresses and meetings of the Board of Representatives,
    • Board meetings and meetings of standing bodies established by and/or
    advisory to the board, when these cannot be held outside working hours.

    By agreement with the employer, the organisations may hold member meetings during working hours on matters of a general nature that the parties agree are of significant importance to provide everyone with information about within a short period of time.

  2. Union representatives at the workplace and employees holding positions of trust within the organisation shall not, without compelling reason, be denied paid leave of absence to participate in courses and conferences (training measures) for union representatives,
    • organisational courses and conferences organised by the relevant trade union organisation or main confederation, or
    • when this type of course and conference is organized by study organizations that carry out assignments for a main association.

  3. A course or conference pursuant to no. 2 is to be regarded as organisational when the content is:
    • the structure and functioning of the organisations and/or main associations, or
    • includes laws, regulations and agreements, or
    • The content is restructuring within the public sector, when this is relevant to the function of the employee representatives or the employees' work situation.  

    The relevant main association (at the central level) must certify that the course is to be regarded as academic, and thereby guarantee that the content is in accordance with the guidelines mentioned above. The employer may require such certification to be presented. The parties to the main agreement may mutually raise the question of whether a course is in accordance with the guidelines above.

  4. The necessary travel time is in addition to the leave rights no. 1-3 above.

In addition, union representatives are entitled to paid leave of absence for up to 12 working days per year to perform public duties.

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§ 39 Leave of absence for employees

Employees who are not covered by the rules in section 38 (1) shall not without compelling reason be denied leave of absence with pay for up to 12 working days per year in order to perform public duties or such organisational assignments as mentioned under section 38 no. 3. This also applies to participation in courses and conferences for union representatives and organisational courses.

§ 40 Leave of absence for union representatives

Members of trade unions are entitled to leave of absence in order to take up positions of trust:
a. in the organisation of which they are a member;
b. in a main association or main organisation to which the organisation is a member.

If, after completing the assignment, the employee representative or employee of the employee organisation returns to the enterprise that has granted leave, he or she must accept the position offered by the employer. The same applies to section 41.

When offering a position, the employer must take into account reasonable advances that union representatives or employees of the employee organisation would have been able to expect if the person in question had not been on leave to take over a position of trust. Under no circumstances shall the employer offer the person in question a lower position than the one from which the leave has been granted.

During leave of absence for taking over a position of trust, the employee in question retains his or her membership of the state pension scheme, but in such a way that the pension basis is set equal to the salary he or she receives from the organisation.

§ 41 Leave of absence for employees in trade unions

Employees who are employed as salaried employees in:
a. the organisation of which he or she is a member;
b. another organisation within the same main confederation
c. The main association or main organisation is entitled to leave without pay for up to 3 years.

Questions about additional leave are decided by the appointing authority in each case.

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Chapter 10: Payroll

§ 42 Salary

  1. In this agreement, "salary" means the salary of the position pursuant to Section 2 of the Basic Collective Agreements, as well as salary supplements in accordance with the established service plan, as if the employee had been in service. Overtime pay (hourly paid) and other variable supplements that do not follow a fixed service schedule are not included.
  2. For employees who work shifts/shifts, the remuneration is calculated in accordance with paragraph 1. For these, necessary travel time must also be included when the meetings are held in their spare time. 
  3. As a general rule, negotiation, discussion and information meetings, or any committee meetings, must be held within ordinary working hours and at times when the employee representatives are working. Participants in such meetings retain their salary, cf. no. 1.
  4. Employees who attend meetings beyond ordinary working hours are remunerated in accordance with paragraph 1, but without overtime supplement, and only for meetings that are authorised by Part 1 of the Basic Agreement. Employees in shift duty are remunerated in the same way, also for meetings that are authorised by Part 3 of the Basic Agreement, or negotiations on limited, local issues concerning pay and working conditions, cf. Section 4, last paragraph, of the Service Disputes Act, when such meetings take place between 07:00 and 17:00.
  5. Remuneration pursuant to paragraph 1 is only given for the duration of the meeting itself.

§ 43 Travel expenses

The employer covers any travel expenses pursuant to a special agreement for domestic travel at the expense of the state for a union representative from each organisation who participates in meetings pursuant to Part 1 of the Basic Agreement. The rules only apply to union representatives at the level to which the case relates.

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Chapter 11: Breach of duties

§ 44 Union representatives

  1. If a union representative is demonstrably guilty of a gross breach of his or her duties under the main agreement, the Ministry may, if the matter has not been resolved at a lower level, demand that the person in question resign as a union representative. In the event that the main confederation concerned does not admit the justification of the claim, the dispute is settled by the Labour Court. If a union representative has to resign pursuant to this provision, the employees have a duty to immediately elect a new representative.
  2. In the event of serious breaches of the main agreement, the parties in the enterprise, individually or together, may request assistance from senior management.

§ 45 Employer

  1. If the employer's representative is demonstrably guilty of a gross breach of his or her obligations under the main agreement, the main confederations concerned may, if the matter has not been resolved at a lower level, raise with the Ministry the demand that the person in question resign as the employer's representative. In case
    If the Ministry does not admit the justification, the dispute will be decided by the Labour Court. If the employer's representative must resign after this, the administration is obliged to appoint a new representative immediately.
  2. In the event of serious breaches of the main agreement, the parties in the enterprise, individually or together, may request assistance from senior management.

    Remark:
    The rule can only be applied if the law or regulations do not prevent it. The parties also agree that it must first and foremost be considered whether it is possible to transfer the employer's duties to another. However, if the removal of the employer's representative would mean that the person in question would be deprived of the most important tasks that are part of the position, an attempt should be made to find other solutions than removing the person.
  3. The rules on dismissal, dismissal, suspension, disciplinary action, etc. in the Civil Servants Act or other regulations are not affected by the provisions above.

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Part 3 – Rules supplementing the Service Disputes Act

Chapter 12: Negotiations on the Basic Collective Agreement

§ 46 Collective redundancies

  1. In connection with the establishment of a new or revision of the current Basic Collective Agreement, the Parties agree to accept as a valid notice of redundancy exchanged between the State and the main confederations. The form and content of redundancy shall be as stipulated in Sections 15 and 16 of the Labour Disputes Act.
  2. Both parties undertake to give notice of these dismissals at least 14 days before the industrial action can be initiated at the earliest. The notice must include the agencies and enterprises to which the redundancies apply, and the approximate number of employees who are to be taken out in industrial action.

    A list of names of employees who are to be removed must be provided to the Ministry in writing at least four days before the resignation.

    In the event of an escalation of the conflict, the parties agree to a four-day notice, in which areas and lists of names are presented.

    The strike notice only applies to the employees who are on the name lists.
  3. Apprentices are not covered by the rules on collective redundancies in the main agreement, unless they are expressly mentioned in the notice to be exchanged between the state and the main confederations. Apprentices shall, when they are not included in the redundancy notice, continue their training without a work stoppage. The enterprises shall, as far as possible, conduct the training in the usual way.

§ 47 Employees who are not to be taken out on strike

The top manager of the enterprise and the top manager of the personnel function shall not be taken out on strike.

§ 48 Application for other exemptions

  1. In the event of notice of resignation, the employer shall immediately, after the lists of names have been received, discuss with the organisations that have the right to negotiate pursuant to the Public Service Disputes Act which other employees should be exempted.
  2. An exemption can be applied for:
    - the top manager in the operating unit or other necessary coverage of the management function and the human resources function.
    - employees who must be present to avert danger to life and health or prevent property, materials, equipment, etc. from being destroyed or lost
    - Employees who must be present for the same reasons as mentioned in bullet point two in connection with the termination and resumption of operations.
  3. The employer may also apply to the main confederations for dispensation for employees who, due to considerations as mentioned in paragraph 2, or other special circumstances, must be present or readmitted to work. The application is sent via the Ministry.

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§ 49 Sympathy actions

No sympathy action can be initiated without prior negotiations between the Ministry and the main confederation in question. Negotiations must be held within four days after a claim has been made. Notice of work stoppage shall be as stipulated in section 46 no. 2.

§ 50 Voting rules

  1. As a rule, the main tariff proposal must be presented to the members affected by the conflict of interest. The result of the vote shall as a rule be stated by a ballot in accordance with the applicable guidelines, and give a full expression of the will of the members.
  2. If a majority of the members to whom the conflict of interest relates has voted in favour of the proposal, it has been adopted. If the majority has voted against, it has been rejected.
  3. If the condition pursuant to no. 2 is not met, the vote is not binding unless 2/3 or more of the members concerned by the conflict of interest have participated in the vote.
  4. If less than 2/3 have taken part in the vote, and the condition pursuant to paragraph 2 is not met, the vote is advisory to the decision-making bodies of the main associations.

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Section 4 – Interpretation disputes and duration

§ 51 Disputes of interpretation

Either party may bring disputes about the interpretation of this agreement before the Labour Court. However, this does not apply to decisions made by the individual overarching ministry in accordance with the rule in section 4 no. 2.

§ 52 Duration

This Agreement enters into force on 1 January 2023 and is valid until 31 December 2025. The agreement is also valid for one year at a time unless one of the parties terminates it with three months' notice.

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