Regulations 6 October 2008 on general application of wage agreement for construction sites in Norway

Established by the Tariff Board under the provision of Act 4 June 1993 No 58 relating to General Application of Wage Agreements etc. § 3

Chapt. I. Introductory provisions

§ 1. The basis of general application

These regulations are established on the basis of the Construction Agreement (FOB) 2006-2008 between the Confederation of Norwegian Enterprise (NHO) and the Federation of Norwegian Construction Industries (BNL) on the one side and the Norwegian Federation of Trade Unions (LO) and the Norwegian United Federation of Trade Unions (FF) on the other side.

§ 2. To whom the regulations apply

These regulations apply to skilled and unskilled employees performing construction work at construction sites.

A skilled worker is a worker with an officially approved trade or craft certificate within his line of work or similar qualifications which formally can be considered as equal with such a certificate. An unskilled worker does not have such trade or craft certificate.

The regulations do not apply to apprentices and participants in labour market measures.

§ 3. The enterprise’s responsibility

Enterprises performing work covered by § 2 are responsible for implementing this regulation. The responsibility rests with the employer or any person managing the enterprise on the employer’s behalf.

Chapt. II. Terms of wages and employment

§ 4. Terms of wages

Employees in construction work, cf. § 2, shall receive as a minimum the following hourly pay:

a. Skilled workers: NOK 141.75.
b. Unskilled workers without any experience in construction work: NOK 127.50.
Unskilled workers with at least one year’s experience in construction work: NOK 132.50.
c. Workers under 18 years of age: NOK 85.-.

§ 4a

The wage rates laid down in § 4 in these regulations shall be adjusted in accordance with new wage rates following from the wage settlement in 2009.

§ 5. Supplements for overtime work

For work after ordinary working hours a 50 % supplement to hourly pay shall be paid.
For work after ordinary working hours between 2100 hours and 0600 hours and on Sundays and public holidays a 100 % supplement to hourly pay shall be paid.

§ 6. Compensation for travelling and board and lodging expenses

If job assignments make overnight absence from home necessary, the employer is obliged to conclude an agreement with the employee on compensation of necessary travelling costs at the start and the end of the assignment, as well as for a reasonable number of journeys home during the assignment.

Before an employer sends an employee on an assignment away from home an agreement on arrangements concerning board and lodgings shall have been concluded. The main rule is that the employer shall pay for board and lodging, but a fixed rate, reimbursement according to account rendered or similar may be agreed upon.

§ 7. Requirements for lunch rooms and rest rooms and accomodation

When a job commences, the enterprise shall provide an ample lunch room and restroom with satisfactory heating, for staying in the room during rest breaks.

For requirements concerning accomodation § 4-4 fourth subsection of the Working Environment Act and provisions established pursuant to § 4-4 fifth subsection of the act are applicable.

§ 8. Working clothes

The employer shall provide the necessary working clothes and protective footwear suitable for the time of year and the working place.

Chapt. III Derogation etc.

§ 9. Derogations

These regulations are not applicable if the employee, based on a total assessment, is covered by more favourable terms of wages and employment according to agreement or the national law which ordinarily apply to the employment relationship.

§ 10. Terms of wages and employment in law or regulations

Provisions in law or other regulations which ordinarily are applicable to the employment relationship are also applicable to employment relationships covered by this regulation, see especially:

Act 17 June 2005 No 62 relating to Working Environment, Working Hours and Employment Protection etc.,

Act 29 April 1988 No 21 relating to Holidays, and

Act 26 April 1947 No 1 relating to 1 and 17 May as public holidays.

These regulations apply within the restrictions laid down in Act 17 June 2005 No 62 relating to Working Environment, Working Hours and Employment Protection etc. § 1-7.

Chapt. IV. Entry into force etc.

§ 11. Entry into force, expiry and amendments

These regulations enter into force on 1 November 2008.

These regulations shall cease to apply 1 month after the Construction Agreement (FOB) 2008-2010 between LO and NHO is replaced by a revised collective agreement or if the Tariff Board passes on a new decision on general application based on the same collective agreement.