1. Temporary employments.
Permanent employment contracts will continue to be the main rule, but the Act opens for an increased use of temporary employment contracts. In addition to situations were the work in question is of temporary character and, or a deputyship, the Act now opens for temporary agreements up to 12 months without any specific reason. At the same time, exceeding 12 months unspecified in total gives the employee an automatic right to a permanent employment.
It is further stipulated a maximum of four years in having a person employed as deputy or in temporary contracts if it is based on the character of the employment.
2. First right of refusal for part time employees.
The 1977 Act had a preference clause for persons being redundant. This right is now expanded for part time employees seeking full time employment ship when such positions are available.
3. Pension rights and transfer of ownership.
Under the former regulations, an employee might loose accrued pension rights when ownership of an activity was transferred. The present Acts requires the employer to offer a pension plan if the transferred employees took part in such plan before the transfer.
4. The right to stay in a position under termination disputes.
Under the former Act, an employee had the right to maintain in his position until a dispute concerning termination of the position was finally settled in court of by agreement. This right has now been reduced to the lower court in case the employee loses the case in that court.
5. Working hours
In the former Act, leaders and employees with a particularly independent position were not covered by the regulations. Now only leaders are generally excepted, but at the same time the right to agree on more flexible arrangements for independent employees is expanded.
The main limit for use of overtime is unchanged, but the numbers of hours that may be worked each day are increased by a system of average calculation of working hours, making it more flexible than the former Act.
If flexible working hours does not represent serious disadvantage for the employer, an employee has the right to require flexible working hours.
6. Whistle-blowers
The Act strengthens the freedom to speech in such cases. The employer is therefore prohibited from reciprocating were an employee has levelled justified criticism at particular conditions within the entity.
7. Health, environment and security in the new Act.
The basic principles are continued, but with a stronger emphasis on the psycho-social working environment and a requirement that the employer or the employers representatives are educated within the field of health, environment and security.
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Parts of the Act came into force July 1, 2005, and parts of the Act will come into force January 1, 2006.
Hans Chr. Steenstrup
hcs@seim-haugen.no
www.seim-haugen.no
