Individual and Collective Labor Law

Individual Labor Law

The individual employment contract forms the basis for the relationship between the employee and the employer. This relationship is also regulated by various laws that provide rules on working and employment conditions. Important topics in individual labor law include the establishment of employment relationships, wages, the employer’s right to direct the work, rules on working hours, holidays and leave, reorganization and layoffs, dismissal and termination, preferential rights to new employment, rights in the event of business transfers, welfare benefits, and protection against discrimination.

Key Laws

The Working Environment Act is the central protective law in the field of labor law. Job security for state employees is regulated by the Civil Servants Act. The employment conditions for employees on Norwegian ships are regulated by the Ship Labor Act. Other aspects of the employment relationship are regulated by laws such as the Holiday Act, the Occupational Injury Insurance Act, the Layoff Pay Act, the General Application Act, and the Wage Guarantee Act (Lovdata).

Dispute Resolution

Disputes concerning individual employment contracts are handled by the ordinary courts. For certain types of disputes, a simpler process has been established where an employee or employer can bring a case before the Dispute Resolution Board. The Dispute Resolution Board handles disputes concerning:

• Preferential rights to extended positions for part-time employees
• Part-time employees’ right to positions corresponding to actual working hours
• Reduced working hours
• Educational leave
• Leave in connection with childbirth
• Other leaves under Chapter 12 of the Working Environment Act
• Flexible working hours
• Exemption from night work, overtime, and additional work
• Confidential information
• Employees’ right to representation in the governing bodies of companies under company law

Collective Agreements

Collective agreements can significantly impact individual employment relationships by providing guidelines for the content of individual employment contracts and by allowing deviations from several provisions in the laws through collective agreements. The Tariff Board can, upon request from an employee or employer organization, determine that the wage and working conditions stipulated in a collective agreement shall apply to all employees performing work of the type covered by the agreement (general application).

Collective Labor Law

Collective labor law deals with the rules for how collective agreements are entered into and terminated, what happens during the agreement period, and how conflicts are resolved. It also includes knowledge about employee and employer organizations, their organizational structure, and the interaction between the parties in working life.
There are two types of conflicts in collective labor law: rights disputes and interest disputes. Rights disputes concern the existence, validity, and interpretation of existing collective agreements. Interest disputes concern what should be included in new or revised collective agreements.

Key Laws

Key laws in the field of collective labor law include the Labor Disputes Act, the Civil Service Disputes Act, the Wage Board Act, and the General Application Act (Lovdata).

Dispute Resolution

The Labor Disputes Act deals with how conflicts between the parties in the private and municipal sectors should be resolved. It includes rules on the form and content of collective agreements and when it is permissible to use industrial action, such as strikes. The Civil Service Disputes Act deals with negotiation rights and how rights disputes and interest disputes should be handled in the state sector. Both laws include rules on mediation by the National Mediator and how rights disputes should be handled by the Labor Court.

The Labor Court

The Labor Court is a special court that handles disputes concerning the validity, interpretation, and existence of collective agreements, disputes about breaches of the peace obligation in working life, and disputes about liability for damages in connection with breaches of collective agreements and illegal industrial action.

The National Mediator

The National Mediator plays an important role in mediating interest disputes between the parties in working life regarding the conclusion of new collective agreements or changes to existing collective agreements.

The National Wage Board

The National Wage Board is a permanent arbitration board appointed under the Wage Board Act. The Act applies where the parties voluntarily bring the dispute before the board, but also in cases of compulsory arbitration, the decision in the labor dispute is usually left to the National Wage Board. The board’s decision has the effect of a collective agreement.

The Tariff Board

The Tariff Board can, upon request from an employee or employer organization, determine that the wage and working conditions stipulated in a collective agreement shall apply to all employees performing work of the type covered by the agreement (general application).