Employment law

Whistleblowing occurs when an employee reports a matter within the organization that is deemed objectionable. The categorization or naming of the matter is irrelevant; it is the content that must be assessed.

The Working Environment Act defines "objectionable matters" as issues that are in violation of:

• Legal regulations,
• Written ethical guidelines within the organization, or
• Ethical norms widely accepted in society.

Objectionable matters typically include issues such as threats to life or health.

financial crime, harassment, or an irresponsible working environment.

For a statement to be considered whistleblowing under the Working Environment Act, it is not required that the whistleblowing is of public interest or that the whistleblower can prove the validity of their claims. The decisive factor is whether the employer has reason to perceive the statement as whistleblowing about objectionable matters within the organization.

If there is doubt about whether whistleblowing has occurred, we recommend contacting a lawyer.

The Working Environment Act allows the parties to agree a probation period of up to 6 months. The probation period provides the employer with an opportunity to assess the employee's adaptation to the work, professional competence and reliability. The threshold for dismissing an employee on these grounds is lower during the probation period than at other times.

To ensure the probation period is valuable, it is important that you, as an employer, are proactive and follow up the employee effectively throughout the probation period. Here are some specific tips to ensure good follow-up of employees during the probation period:

1. Training: Ensure that the employee receives the necessary and sufficient training in their work tasks early on.
2. Feedback: Do not wait too long to address any issues that may arise. Provide constructive and specific feedback on work performance, adaptation to the job, and reliability.
3. Follow-up meetings: If it becomes evident during the probation period that the employee is not performing satisfactorily, they must be given a genuine opportunity to improve. We recommend holding at least 2-3 follow-up meetings before considering dismissal. Be clear about what the employee needs to change/improve and set realistic deadlines for such changes/improvements.
4. Documentation: Write minutes from all follow-up meetings. Also document feedback, guidance, and training provided to the employee on an ongoing basis.

The Norwegian Labour Inspection Authority conducts inspections from time to time to ensure that businesses comply with the requirements of the working environment regulations. To avoid sanctions, it is important to be well-prepared and cooperate effectively during any inspection.

Below are our best tips:

1. Stay organized: Ensure you have clear routines for who should be present during a potential inspection and who will be responsible for communicating with the Labour Inspection Authority. Keep relevant documentation readily available at all times.
2. View the Labour Inspection Authority as a partner: Upon receiving notice of an inspection, respond promptly and establish a good dialogue with the caseworker at the Labour Inspection Authority as early as possible.
3. Treat the inspection as an opportunity to find effective solutions for employees in collaboration with the Labour Inspection Authority.
4. Clarify questions along the way: Do not hesitate to ask questions if anything is unclear. Be proactive and resolve any misunderstandings as early as possible.
5. Respect deadlines: If you need more time, request an extension in writing well in advance.
6. Involve the right people: For scheduled inspections, the Labour Inspection Authority will inform you of who should be present during the inspection (at a minimum, the employer and the safety representative). If legal assistance is needed, contact a lawyer as early as possible.

You can also read more details in our article here (in Norwegian)

In 2023, the rules for hiring workers from staffing agencies were significantly tightened. These restrictions mean that hiring from staffing agencies is now only permitted for temporary replacements or when the hired worker possesses specialized expertise and is engaged to perform advisory and consultancy services within a clearly defined project.

However, hiring from production companies remains permissible to the same extent as before. A production company, unlike a staffing agency, is an enterprise that does not primarily aim to provide labor for hire. The distinction must be assessed on a case-by-case basis, but as a general rule, a business will be considered a production company when the hiring occurs within the same areas that constitute the company's main activities and involves fewer than 50% of the company's employees.