Managerial or particularly independent position

You should first be aware that you are not entitled to overtime pay, even if you work more than normal working hours.
This type of position is exempt from Chapter 10 of the Working Environment Act, which regulates working hours. Such an arrangement may be appropriate for employees with extensive experience, but it is not suitable for everyone. It is therefore important to understand what this means for you before signing the contract.

Managerial or particularly independent position

Many young and newly graduated employees are offered such positions, even though they should, in fact, be entitled to overtime pay.
The rules on working hours generally apply to all employees, but the Working Environment Act includes exemptions for these two types of positions.

Managerial position

According to the Norwegian Labour Inspection Authority, a “managerial position” refers to senior roles with clear leadership responsibilities. Examples of such positions include:

• Executive managers
• Heads of department
• Middle managers with broader responsibilities

These employees must, to a significant degree, make independent decisions on behalf of the organisation, assess the need for their own work effort, and largely manage their own working hours.

Particualarly independent position

A “particularly independent position” refers to employees who do not have direct managerial responsibilities, but who still hold senior and responsible roles. These are employees who independently prioritise their tasks, decide what to do, what to delegate to others, when the work should be carried out, and how it should be done.

What qualifies as a particularly independent position?

The law requires a strict interpretation of what constitutes a particularly independent position. This means that the opportunity to classify an employee under this category is limited. The preparatory works to the Working Environment Act state that this exemption is intended for “employees who do not hold a managerial position […] but who nevertheless have senior and responsible roles.”

It is further emphasised that a particularly independent position must involve a clear and evident degree of autonomy or independence in how and when work tasks are organised and carried out.

Job title is not decisive

Having a job title such as project manager, holding a key position, or receiving a higher salary than others is not necessarily sufficient to qualify as holding a particularly independent position.

Likewise, having control over your own working hours or having flexible working hours does not automatically mean that you fall under this category.
What matters is the actual and overall work situation of the employee.

What are the consequences of holding a particularly independent position?

If you hold a particularly independent position, you are exempt from the chapter on working hours in the Working Environment Act. This means that, legally speaking, you do not have defined working hours, and you are not subject to limits on how much you can work in a week or over the course of a year.

The most practical consequence for the individual employee is that you are not entitled to overtime pay. For this reason, employees in particularly independent positions are often compensated with a higher annual salary.

Such positions often involve a higher workload, and if the base salary does not reflect the actual workload, your hourly wage may end up being very low.

• If you are offered a particularly independent position, it is important to negotiate a solid base salary that reflects the workload beyond normal working hours.
• If your employer has incorrectly classified your role as a particularly independent position, this is the employer’s responsibility.
  In such cases, the rules on working hours in the Working Environment Act will apply, and you may be entitled to claim overtime pay under the law.
• You must be able to document the extent of your overtime work, so do not wait too long to raise the issue.
  Claims may also become time-barred.
• If you suspect that your role does not actually qualify as a particularly independent position, despite your employer’s classification, it is important to keep your own record of working hours, especially if your company does not have a time registration system.
• You are encouraged to speak with your employee representative if one is available at your workplace. They can raise broader concerns about how working hours are managed.