Rules for temporary employment

In the private and municipal sectors, temporary employment is regulated by the Working Environment Act § 14-9. It is permitted to hire temporarily in the following cases:

Work of a temporary nature

The Supreme Court has stated that this provision should be interpreted strictly. To determine whether the work is of a temporary nature, an overall assessment must be made. If the tasks have a time-limited character, the condition of work of a temporary nature may be met. For example, it may be permissible to hire temporarily to cover labour needs related to seasonal fluctuations in retail, tourism, and other seasonal businesses.

An employer can also hire temporarily for peaks that are not season-dependent, if it involves short-term and unpredictable situations.

It is not permitted to hire temporarily to alleviate general or steady variations in order intake or due to uncertainty about potential future reductions in workload, reorganization, or similar situations.

The boundary between seasonal variations and general variations in workload can be difficult to draw. The fact that the work is organized into projects or standalone assignments will not necessarily be sufficient to justify temporary employment in itself.

The employer must make a specific assessment of each employment relationship. If you, as an employee, are to perform work that is normally and continuously carried out in the company, it will generally not be permissible to hire temporarily.

As a member, you can contact Tekna if you are unsure whether you are legally temporarily employed. If the employment is in violation of the law, we can help you assess whether you should demand permanent employment.

Temporary positions

This provision is practical. The temporary position must be genuine. This means that the temporary employee should fill specific tasks or a specific position during the absence of other employees. Typical examples include sick leave replacements, temporary positions during leaves of absence, or holiday coverage. It is permissible to use the same temporary employee multiple times, as long as someone is actually absent and the temporary employee covers a labour need caused by the absence. It is not crucial that the name of the person being replaced is specified in advance.

Other reasons for temporary employment

It is also permissible to hire employees in temporary positions for practical work, typically training positions. Furthermore, unemployed individuals participating in labour market measures organized by NAV can be hired temporarily. It is also permissible to hire temporarily within organized sports.

A nationwide employee organization can enter into a collective bargaining agreement with an employer or employer organization regarding the possibility of temporary employment within artistic work, research, or sports.

Tekna has entered into a collective agreement with Abelia (NHO) regarding the possibility of temporary employment of researchers. 

When do you have the right to permanent employment?

The Working Environment Act § 14-9, seventh paragraph, states that when one has been continuously temporarily employed on certain grounds for more than three years, one will have the right to permanent employment. If you have been continuously temporarily employed under the provision for work of a temporary nature, temporary positions (vikariater), or a combination of these, you will be covered by the provision. It is important to note that the employment period must be "continuous." Legitimate absences should not be deducted when calculating the employment period. Once you are considered permanently employed, the usual rules for termination must be followed if the employer wishes to end the employment relationship. This means, among other things, that the employer must have a valid reason.

Temporarily employed in the state?

The Civil Servants Act has its own rules on temporary employment for state employees. Here too, the main rule is permanent employment. However, it is permissible to hire temporarily on certain grounds. These are listed in the Civil Servants Act § 9.

In the state, it is permissible to hire temporarily when:

• the work is of a temporary nature
• the employee is a substitute for another employee
• it involves practical work, or
• for a period of up to six months when an unforeseen need has arisen

It is also permissible to hire temporarily for specific educational positions. These positions are listed in the regulations to the Civil Servants Act – this includes specialist candidates, research fellows, scientific assistants, deputy judges, and judicial trainees.

Fixed-term employment is a separate basis for temporary employment, typically used for the employment of postdoctoral researchers in the public sector.

When does the temporary position end?

A temporary employment relationship ends automatically when the agreed time is reached or when the specific assignment is completed. If the temporary employment relationship has lasted for more than one year, the employee must be given at least one month's notice of the termination date. If the deadline is not met, the employer cannot require the employee to leave until one month after the notice is given. This applies to all sectors.

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