What rules apply to on-call duty?
Having an on-call duty affects your free time, and you are entitled to time off in lieu. We will take you through the rules for how time on duty should be calculated against your working hours, and how the shift should be compensated.
What is on-call duty?
On-call duty, formerly called home watch, means that you can stay somewhere other than at work, for example at home. However, you must be available to the employer and ready to show up or perform tasks if a need arises.
Main rule: 1/7 of the shift is considered working time
The main rule is that 1/7 of the on-call duty shall be counted as working hours. Tasks you perform when you are on duty will normally involve overtime work.
On-call duty outside the workplace is generally not counted as working time. However, being on call will limit your ability to dispose of this time at will.
In order to ensure a certain minimum amount of free time and to compensate for the disadvantages of being on duty, the main rule of the Act is that a certain part of the on-call period shall be included in ordinary working hours. The main rule is that 1/7 of the on-call period must be included in ordinary working hours.
If you are on stand-by duty for 50 hours, for example, 7 hours must be included in your working hours. When these 7 hours are added to your working hours, the total number of hours will exceed your normal weekly working hours. In practice, your working hours must therefore be reduced by 1/7 of the time you are on stand-by duty. Normally, this takes the form of time off in lieu before or after the on-call period.
Union representatives may agree on other conversion factors or other arrangements
The workload of an on-call duty will vary. It may therefore be appropriate to use a conversion factor other than 1/7. It is possible to agree on exceptions to the main rule through agreements with union representatives.
The parties can agree on both lower and higher conversion factors. They can also agree that none of the on-call time will be counted as working time. In such cases, financial compensation will normally be agreed instead of time off in lieu, or a combination of compensation and leisure time.
These factors are taken into account in the assessment of lower or higher conversion factors
- Requirements for response time/action time
- The frequency of on-call duty in the work schedule
- How long the on-call duty lasted at a time
- Call-out frequency
- Employee's freedom of movement during the shift
- The physical and mental strain of the work and the extent/length of the individual call-out
The Labour Inspection Authority can determine the conversion factor
If the parties do not agree on a conversion factor, the main rule of 1/7 conversion factor applies. If either the employer or the employee representative believes that 1/7 is unreasonable, they can ask the Labour Inspection Authority to determine the conversion factor. The Labour Inspection Authority also makes an assessment of the same factors as mentioned above.
The payment for having an on-call duty
To be on watch
The compensation for on-call duty can vary depending on the agreements in the individual company and collective agreements. It is common for employees to receive a fixed remuneration for being on standby.
An agreement on only financial compensation and no conversion of working hours should only be considered if the shift is not burdensome.
For active work and call-outs
Call-outs when you are on duty will normally be overtime if it comes on top of the ordinary working day or working week. The same will apply if you have regular tasks during the shift.
Overtime work on duty is remunerated with
- at least 50 per cent if you are covered by one of NITO's collective agreements - see the table below
- or at least 40 per cent if you are not covered by a collective agreement
The agreement on on-call duty and overtime
See what is written about on-call duty outside the workplace and overtime supplements in the collective agreement where you work.
| About on-call duty | About overtime pay | |
| Private sector NHO | See points 2-9 of the collective agreement | See points 2-6 of the collective agreement |
| Private sector Virke | See points 2-9 of the collective agreement | See points 2-6 of the collective agreement |
| State | See section 17 of the Basic Collective Agreement | See section 13 of the Basic Collective Agreement |
| Municipality (KS) | See section 4.3.2 of the Basic Collective Agreement | See section 6 of the Basic Collective Agreement |
| City of Oslo | See § 8.8 of Doc 25 | See Chapter 11 of Doc 25 |
| Spectrum | See the local B-section of your business | |
| Samfunnsbedriftene Energi | See Section 5-6 of Energy Agreement II | See Section 6 of Energy Agreement II |
| Samfunnsbedriftene corporate agreement | See sections 4.6.2 and 6.7 of the Corporate Agreement | See section 6.5 of the Corporate Agreement |
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