All countries in the world have laws protecting employees from various forms of harm. Employers are responsible for ensuring that those laws are followed and that their employees are kept safe.
In Norway, worker protection rights are mostly set out in the Working Environment Act and other important pieces of legislation. In this section, we’ll discuss worker protection and the Working Environment Act in Norway, including the protections that apply to whistleblowers, pay equity laws employers in Norway have to stick to, and the employer’s responsibility to protect employees from discrimination and harassment.
Whistleblowers play an important role in Norwegian society by calling out wrongdoing that they witness in the workplace, allowing both corporations and individuals to be held to account. For this reason, there are strict rules about how whistleblowing should be handled in Norway.
Norway’s whistleblowing law is set out in Chapter 2 of the Working Environment Act. It states that employees have the right to report issues of concern in the workplace. The rules also apply to workers from temporary work agencies who are placed within a company. Employees in Norway are required to implement procedures for internal whistleblowing if they have at least five employees. A company’s whistleblowing policy should be in writing and must contain:
Employers can either use this procedure to report their concerns internally or report externally to a public supervisory authority. In some circumstances, they can also report externally to the media or the public.
Norway’s whistleblowing laws only apply to specific situations and can’t be used to report things that are personal to an employee’s working situation. For example, an employee reporting interpersonal issues in the workplace would not be covered by Norway’s whistleblowing law.
Generally speaking, this means that whistleblowing laws only apply to breaches of legislation, written ethical guidelines, or ethical norms on which there is a broad agreement in society. For example, this might include issues involving:
As well as setting up a procedure for whistleblowers to follow, employers in Norway must ensure that disclosures covered by whistleblowing laws are adequately investigated within a reasonable timeframe. They also have to take measures to prevent retaliation against the employee in question.
Examples of retaliation might include:
Employers typically collect a lot of data about their employees, both during the recruitment process and during employment. There are strict rules governing employee data protection in Norway, which employers have to follow.
The rules on data protection and privacy in Norway are set by the Law on the Processing of Personal Data (Personal Data Act) of June 15, 2018. This is the Norwegian Act that implements the General Data Protection Regulation (GDPR). Norway’s data privacy law imposes limits on how employers can collect and process the personal data of their employees. In general, employers can only process personal data if it is necessary to carry out employment-related obligations or rights.
The GDPR is an EU-wide piece of legislation that sets common standards for data protection across Europe. To ensure compliance with the GDPR and Norway’s data privacy laws, employers should:
The way in which employers monitor their employees is an important component of data protection and privacy in Norway. There are certain rules that employers must follow, which are set out in the Working Environment Act.
For example, employers can usually only access employees’ email accounts if it is necessary to safeguard the employer’s business or meet other legitimate business interests. Access may also be permissible if the employer suspects the employee of breaching their contract. In any case, employers have a duty to notify employees if they intend to monitor their emails.
There are also strict rules on how employers can use video surveillance (CCTV) in the workplace. This is only allowed when it is necessary to prevent hazardous situations, to keep employees safe, or when there is another specific need. Employers that use video surveillance must provide employees with clear information about the surveillance they use.
Temporary agency workers are workers hired through temporary work agencies for fixed periods of time. Employers might engage temporary agency workers to cover short-term increases in demand or to replace other employees who are out of work for a set period. In many countries, employment law provides specific rules for the use of temporary agency workers and how they must be treated.
In Norway, a core principle of employment law is that everyone should be hired on a permanent basis. This means that the use of temporary agency workers is quite rare compared to other countries. However, employees can hire workers on a temporary basis in certain circumstances. Specifically, they can do this if either of the following is true:
The same rules apply to the use of workers engaged through temporary work agencies.
Section 14 of the Working Environment Act states that temporary agency workers have the right to at least the terms and conditions they would have if they were recruited directly by the user company. The temporary work agency that employs the workers is responsible for ensuring they receive equal treatment in areas including:
Workers hired through temporary work agencies in Norway also have the right to access the same collective amenities and facilities as permanent employees, including things like parking spaces, break rooms, and canteen facilities.
Employees in Norway have the right to equal treatment at work, regardless of their background. This is guaranteed by the Equality and Anti-Discrimination Act and the Working Environment Act and includes the right not to be discriminated against or harassed.
Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of:
The other important piece of legislation related to discrimination in Norway is the Equality and Anti-Discrimination Act. This Act covers discrimination on the basis of:
Under this Act, employers in Norway have a duty to make active and targeted efforts to promote equality and prevent harassment, sexual harassment, and gender-based violence in the workplace. This duty applies to every part of the employment journey, including recruitment, pay and working conditions, promotion, development opportunities, workplace adaptation, and the ability to combine work with family life.
Harassment is considered to be a form of direct discrimination and is explicitly prohibited by both the Working Environment Act and the Equality and Anti-Discrimination Act. The Norwegian Labour Inspection Authority defines the word ‘harassment’ as negative actions by one or more people over a period of time. This might include unwanted sexual attention, hurtful teasing, or taking away work tasks.
Harassment is easier to prove in cases where there is a power imbalance between the two parties. For example, a conflict between two colleagues on an equal level in a company may not be considered harassment, especially if there was only a single incident. On the other hand, repeated negative actions by a superior would likely be considered harassment.
If an employee believes their employer has breached anti-discrimination law in Norway, they can complain to the Norwegian Anti-Discrimination Tribunal, which makes decisions on specific complaints. The employer must then try to prove that the discrimination in question did not occur. If the complaint is upheld, the employee may be entitled to compensation covering any financial loss resulting from the discrimination.
Pay equity is the concept of paying women and men the same amount if their work is of equal value to the company. It is a core principle of employment law in Norway.
Equal pay for men and women doing the same work is guaranteed under the Gender Equality and Anti-Discrimination Act in Norway. This applies to all forms of remuneration, including salary, bonuses, and overtime payments, for example.
Employees who suspect they are being paid less than a colleague due to gender discrimination may demand written confirmation of the pay level and the criteria for setting the pay of the person they are comparing themselves to.
Public companies and private companies with more than 50 employees have certain obligations concerning gender equality in the workplace. Specifically, they have to:
They also have to publish a report in two parts:
This report needs to be included in the company’s annual report or in another public document. The first part of the report must include:
The last two elements need to be reported on at least every two years.
In 2023, the EU adopted a new directive on pay transparency with the aim of reducing the gender pay gap across Europe. This directive will be transposed into national law in all EU member states (including Norway) by June 2026. It will introduce several changes to how companies in Norway handle compensation, including:
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Norway. Get it wrong, and you could face legal action and damage to your reputation.
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