Intellectual Property Rights in Employment
The starting point is that the company you work for owns the results of your paid work. But what if you create something that is on the side of, or ou...
Advice and Tips
Leading - or particularly independent positions
Written by Tekna’s legal department
Many Tekna members hold positions classified as either “leading” or “particularly independent.” While such roles may offer certain advantages, many employees still find it challenging to maintain a healthy work-life balance. Furthermore, a significant number of young and newly qualified professionals are offered these types of positions, even though they may be entitled to overtime pay under standard employment regulations. It is therefore essential to understand the implications of such employment classifications before entering into an employment contract.
Working time regulations generally apply to all employees. However, the Norwegian Working Environment Act provides exceptions to these rules for two specific types of positions:
Leading - or particularly independent positions
According to the Norwegian Labour Inspection Authority, a “leading position” refers to senior roles with clear leadership responsibilities. This includes top executives, but also other managers such as department heads and middle managers who carry significant responsibility. These employees are expected to make independent decisions on behalf of the organisation. They must be able to determine the extent of their own work effort and largely manage their own working hours.
Furthermore, the Labour Inspection Authority states that a “particularly independent position” refers to employees who do not have direct managerial duties but still hold senior and responsible roles. These employees independently prioritise their tasks, decide what to do, what to delegate, when the work should be done, and how it should be carried out.
Note: Even if an employee is exempt from the statutory working time provisions, the working hours must still be arranged in such a way that the employee is not exposed to adverse physical or psychological strain, and that safety considerations can be upheld. Employees who are exempt from the working time regulations have, on the same terms as other employees, the right to request reduced working hours and exemption from night work.
The following section will focus specifically on particularly independent positions.
What are the requirements for a particularly independent position?
The law stipulates that the concept of a “particularly independent position” must be interpreted strictly. This means that the scope for classifying employees under this exemption is narrow. The preparatory works to the legislation clarify that the provision is intended to cover “employees who do not hold managerial positions […] but who nevertheless have senior and responsible roles.” It is further emphasised that such a position must involve a clear and evident degree of autonomy or independence in how and when work tasks are organised and carried out.
Holding a project manager role, a key position, or receiving a higher salary than others is not in itself sufficient to qualify as a particularly independent position. The job title alone is not decisive. Similarly, having control over one’s own working hours or enjoying flexible working hours does not automatically mean the position falls 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?
Tekna is deeply concerned that a large proportion of recent graduates in employment report that they are not entitled to overtime pay.
When you hold a particularly independent position, you are exempt from the working time provisions of the Working Environment Act. In practice, this means that you do not have regulated working hours as defined by law, and you are not subject to statutory limits on how many hours you may work per week or per year. The most immediate and practical consequence for the individual is the lack of entitlement to overtime pay. For this reason, it is common for employees in particularly independent positions to receive higher base salaries as compensation.
Such positions often involve a higher workload, and there is a risk that the effective hourly wage may become very low if the base salary does not reflect the actual workload.
Therefore, if you are offered a particularly independent position, it is important to negotiate a solid base salary that adequately compensates for the workload beyond normal working hours.
Tekna maintains that, as a general rule, recent graduates should never be classified as employees holding particularly independent positions.
If your employer has incorrectly assumed that you hold a particularly independent position, the risk lies with the employer. In such cases, the working time provisions of the Working Environment Act will apply. This means that if you work beyond normal working hours, you may be entitled to claim overtime pay under the law. The employee must be able to substantiate the extent of the overtime work. It is advisable not to wait too long before raising this issue. You should also consider speaking with your union representative or Tekna’s legal department.
If you suspect that your position does not, in reality, meet the criteria for a particularly independent role as claimed by your employer, it is important to keep your own record of working hours—especially if your company does not have a formal time registration system. However, as previously mentioned, the employer is still responsible for ensuring that your workload does not negatively impact your health.
