What does the Working Environment Act say about working hours?
In Chapter 10 of the Norwegian Working Environment Act, you will find rules concerning:
- working time arrangements
- what constitutes ordinary working hours
- rules on overtime
- daily and weekly rest periods
- work on Sundays and public holidays
- night work
- exceptions to the rules
You may also find rules on working hours in collective agreements, either in an agreement between Tekna and the employer, or in another collective agreement the employer follows for all employees in the company.
Additional rules on the organisation of working hours may be described in the staff handbook, workplace regulations, or other written documents. It is therefore wise to check these as well.
Working hours and travel time
Working hours refer to the time during which the employee is at the employer’s disposal to carry out tasks as defined by the employment contract, instructions, or orders. Breaks are generally not considered working hours as long as you are free to leave the workplace. Travel time to and from the regular place of work is normally not considered working hours.
For travel required to another workplace than the regular one, and outside of ordinary working hours, Tekna believes that travel time should be counted as working hours. This is based on a statement from the EFTA Court and a ruling by the Supreme Court, which you can read more about here.
Can exceptions be made to the working hours chapter?
The Norwegian Working Environment Act cannot be deviated from by agreement to the detriment of the employee, unless the specific provision explicitly allows it.
A practical example is that a trade union may, under certain conditions, agree to different working hours regulations than those set out in the law.
As a general rule, all employees are covered by the provisions on working hours in Chapter 10 of the Norwegian Working Environment Act.
However, two groups of employees may be exempt from parts of this chapter: those in Leading positions and those in particularly independent positions. The law requires that the definition of a particularly independent position be interpreted strictly, meaning that the possibility of assigning employees to such roles is limited.
The protective provisions in Section 10-2, paragraphs 1, 2 and 4 apply regardless. This means that working time arrangements must be such that employees are not exposed to harmful physical or psychological strain. In addition, they have the same rights as other employees to exemption from night work and to request reduced working hours.
Tekna’s experience is that the exception is used more broadly than the wording of the law actually allows. If you are unsure whether you belong to one of these two groups, we recommend contacting Tekna’s legal department for an assessment. Tekna believes, among other things, that newly qualified candidates should very rarely be defined as employees in particularly independent positions.
Please also note that you are not necessarily exempt from the protective provisions in the working hours chapter just because your employer has stated in your contract that you are not entitled to overtime pay. The definition of your position must be assessed on a case-by-case basis.
What is ordinary working hours?
According to Section 10-4 of the Norwegian Working Environment Act, ordinary working hours must not exceed 9 hours per 24-hour period or 40 hours per seven-day period.
For employees working in shift or rota arrangements, the working hours are either 38 or 36 hours per week.
Many employees have agreed – either through a collective agreement or internal staff regulations – to a 37.5-hour work week. Lunch breaks are often not included in working hours.
There is therefore a difference between ordinary working hours under the law and agreed working hours. Ordinary working hours are 40 hours per week, while agreed working hours are typically 37.5 hours per week. The 2.5-hour difference is not considered overtime under the law, but may be considered overtime under an agreement.
Overtime
If you are required to work more than 40 hours per week, this is defined as overtime under the Norwegian Working Environment Act. Overtime work may only be carried out if there is a specific and time-limited need for it. Examples of such needs include high workloads, unforeseen events, and acute illness.
The law sets specific limits for legal overtime. These limits may be exceeded by agreement between the company and employee representatives, or by special permission from the Norwegian Labour Inspection Authority. Overtime must not exceed:
- Ten hours over a seven-day period
- 25 hours over four consecutive weeks
- 200 hours over a 52-week period
You have the right to be exempt from overtime if there are health-related or significant social reasons. Sole care of small children or personal illness may be considered such reasons. Whether the reason is sufficient for exemption depends on a concrete assessment, and documentation from, for example, a doctor is often required.
According to the law, overtime must be compensated with a supplement of at least 40%. Higher supplements may apply by agreement. The provision on overtime can be found in Section 10-6 of the Norwegian Working Environment Act.
Daily and weekly rest periods
Employees must have at least 11 consecutive hours of rest per 24-hour period, and 35 hours per seven-day period. As a general rule, the weekly rest period should include Sunday.
Night work
Work performed between 21:00 and 06:00 is considered night work and is not permitted unless the nature of the work makes it necessary. The employer must discuss the necessity of night work before it is implemented.
The rules on night work are found in Section 10-11 of the Norwegian Working Environment Act.
Sunday and public holiday work
Work on Sundays and other public holidays is defined in Section 10-10, paragraph 1 of the Norwegian Working Environment Act, and is only permitted if the nature of the work makes it necessary.
Sunday and public holiday work must also be discussed with employee representatives before it is implemented.
Flexible and reduced working hours
You are entitled to a working time arrangement that ensures you are not exposed to physical or psychological strain. You have the right to flexible working hours if this can be implemented without significant inconvenience to the organisation.
If you are aged 62 or older, or if you have health-related, social, or other important welfare reasons for needing reduced working hours, you may apply for this.
The right to reduced working hours depends on whether it can be implemented without significant inconvenience to the organisation. If you work reduced hours, you have preferential rights to increase your working hours when a position becomes available in the organisation, provided that the vacant position fully or largely involves the same tasks.
Dispute resolution
In the event of a dispute regarding the right to flexible working hours, reduced working hours, or exemption from night work or overtime, the Dispute Resolution Board will handle the matter. We encourage you to contact Tekna’s legal department if you find yourself in such a situation.
