We asked Tekna lawyer Norah Rahimi what employees and employers should be aware of.
Can employees insist on working from home?
No. As an employee, you have no general statutory right to work from home. This must be agreed with your employer. On the other hand, as a general rule, your employer cannot unilaterally require you to work from home on a permanent basis either, as this normally falls outside the employer's general managerial prerogative.
A working-from-home arrangement is, in principle, based on mutual agreement. What works will vary depending on the needs of the organization and the specific tasks involved. It therefore makes sense for such arrangements to be assessed and adapted locally.
Working-from-home regulations
Hjemmekontorforskriften
Current rules: Revised regulations on working from home came into force on 1 July 2022. The regulations apply to work carried out in the employee's own home, provided that the arrangement is of a certain scope and regularity (short-term or purely occasional work is not covered).
Content: Among other things, the regulations require a written agreement, regulate working hours and establish that the Working Environment Act applies insofar as it is relevant.
Supervision: The Norwegian Labour Inspection Authority is responsible for supervising compliance with the regulations.
Should union representatives be involved?
Yes, this is a clear advantage. Employers should involve union representatives when the organization draws up or changes general guidelines for working from home. Union representatives know the workplace well and can help find solutions that take account of both operational needs and the needs of employees. A shared framework provides predictability and means that individual employees do not have to negotiate their own terms each time.
Does the working-from-home agreement have to be in writing?
Yes. If working from home is a permanent arrangement covered by the regulations, a written agreement must be entered into in addition to the ordinary employment contract.
In line with the regulations, the agreement should, as a minimum, cover:
- The extent of working from home (how often).
- The working hours that apply.
- When the employee must be available.
- Who is responsible for the operation and maintenance of equipment.
- Notice periods for ending the arrangement.
- Rules on information security and document handling.
Can employers require employees to work from home to save money on office premises?
No. Working from home should not be used purely as a cost-cutting measure to remove necessary physical workspaces. Although many people want flexibility, employees are, as a general rule, entitled to a suitable workspace at their employer's premises. Working from home should be part of a well-founded, voluntary working arrangement, not a way of forcing employees out of the shared office.
Who is responsible for the working environment when working from home?
The employer has overall responsibility for ensuring that the working environment is fully satisfactory, including when work is carried out in the employee's home. This applies to both the physical working environment (ergonomics) and the psychosocial working environment.
As the employer has limited access to the employee's private home, this requires good dialogue and trust. The employee, for their part, has a duty to help ensure a fully satisfactory working environment and must speak up if something is not working.
Who pays for equipment such as an office chair and monitor for working from home?
The regulations on working from home do not give employees a direct statutory right to have all the equipment they want paid for. Practice varies considerably between organizations.
Nevertheless, the employer has a general responsibility for ensuring that the working environment is fully satisfactory. If working from home on a permanent basis is a requirement of the job, the employer must ensure that the necessary equipment (such as a monitor, keyboard or ergonomic chair) is available. It is important that the parties clarify who covers equipment and costs in the written agreement.
Do the same working-hours rules apply at home as at the office?
Yes. Following the amendments in 2022, the same working-hours rules in the Working Environment Act apply whether you work at the office or at home. This means that the rules on daily and weekly working hours, rest periods and overtime pay apply in full, and working hours must be recorded in line with the organization's procedures.
Both managers and employees should be mindful of the boundary between work and leisure time, as working from home can make it all too easy to check emails late in the evening.
Can you work from your holiday cabin or from abroad and call it working from home?
Not automatically. The regulations on working from home apply specifically to work carried out in the employee's own home. Working from a holiday cabin, on the train or in cafés generally falls outside the wording of the regulations, although it can be agreed as a flexible arrangement.
Working from abroad is in a separate legal category. It quickly raises complex issues relating to jurisdiction, tax liability, membership of the National Insurance Scheme and occupational injury insurance. Remote working from abroad must therefore always be assessed and approved in advance.
Are you covered by occupational injury insurance when working from home?
Yes, occupational injury cover also applies when working from home, but the threshold for having an injury in your own home recognised is high. For an injury to be recognised as an occupational injury, the employee must have been injured 'at work, at the workplace, during working hours'.
Case law shows that the courts take a strict view of the boundary between work and private life (for example, fetching a coffee or taking a personal break at home). Both employers and employees should find out what the organization's insurance covers and consider whether additional private insurance is needed.
What is the most important thing to do before you start working from home?
Clarify expectations and make sure the framework and equipment coverage are set out in a written agreement. Organizations should draw up comprehensive guidelines in cooperation with union representatives and safety representatives. Good working-from-home arrangements are built on clear structure, predictability and mutual trust.
