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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
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New Whistleblower Provisions
New Legislation Enacted
Authors: Ole Kristian Olsby, Partner and Nina Thjømøe, Senior Lawyer - Littler Norway
On January 1, 2020, several amendments concerning the whistleblower provisions in the Working Environment Act were enacted. The new provisions clarify what is considered to be "censurable conditions" by the employer, what is considered "retaliation" against an employee, and how the employee can put forward a complaint. Further, the employers under the act are obliged to investigate any complaint and establish whistleblower procedures. With the new provisions, the rules do not only comprise of employees and hired agency workers, but also persons who carry out work for the employer, such as students or persons who are placed in the company for training purposes. Employees subject to illegal retaliation can now demand compensation for both economic and noneconomic loss regardless of the employer’s negligence.
Employer’s Obligations Under the Equality and Antidiscrimination Act
New Legislation Enacted
Authors: Ole Kristian Olsby, Partner and Nina Thjømøe, Senior Lawyer - Littler Norway
As of January 1, 2020, companies in the public sector, as well as companies with more than 50 employees in the private sector, are obligated to carry out data collection of the pay connected to gender and part-time work, and to document such mapping, every second year. Companies with 20 to 50 employees in the private sector are also obligated to carry out such mapping if one of the parties demands it. Furthermore, the employer must give an account of the state of the company concerning sex equality and what the company does to fulfill their duty to act. The account may be included in the annual report.
COVID-19: Changes in Temporary Lay-Off Rules, Rules on Unemployment Benefits and Sick Leave
New Legislation Enacted
Authors: Ole Kristian Olsby, Partner and Nina Thjømøe, Senior Lawyer - Littler Norway
As of March 20, 2020, Parliament implemented several changes to the rules on temporary lay-offs, unemployment benefits and sick leave due to COVID-19. Temporarily laid off employees are guaranteed full pay up to 6G (1G equals NOK 99858) for 20 days. The employer's duty to pay wages upon temporary lay-off is reduced from 15 to two days, while National Insurance covers the remaining 18 days. In addition, the rate of unemployment benefits for people who are laid off and for those who lose their jobs receive 80% of their income for an income of up to 3G, and receive 62.4% of income between 3G and 6G. The minimum reduction in working hours entitling employees to unemployment benefits has been reduced from 50% to 40%. The employer’s responsibility for sick pay during sick leave is reduced from 16 to three calendar days.
New Act on the Protection of Trade Secrets
New Legislation Enacted
Authors: Ole Kristian Olsby, Partner and Nina Thjømøe, Senior Lawyer - Littler Norway
On March 27, 2020, the King in Council sanctioned the new Act on Protection of Trade Secrets. The act implements the EU directive 2016/943 and strengthens the protection of trade secrets. The proposal contains a definition of the term “trade secrets,” which comprise confidential information about the company’s operations and business, knowledge and technologic information. The proposal uses the term “intervention” about all unlawful actions contrary to the protection of trade secrets, and includes acquirement, use, and distribution of trade secrets. The act also contains new provision on law enforcement for the owner of trade secrets in the event of interventions.
Prison Sentence for Violation of Wage and Hour Regulations
Precedential Decision by Judiciary or Regulatory Agency
Authors: Ole Kristian Olsby, Partner and Nina Thjømøe, Senior Lawyer - Littler Norway
On February 12, 2020, the Supreme Court has for the first time imposed a prison sentence for violating the Working Environment Act's provisions on working hours. The defendant was both Chairperson of the Board of Directors and CEO of a company handling household waste. The Norwegian Labor Inspection Authority conducted inspections with the company in two municipalities and revealed extensive wage and hour violations pertaining to overtime and the rules on daily and weekly time off. The Supreme Court emphasized that the violations were intentional, systematic and had occurred over a certain period. The defendant was sentenced to 120 days of imprisonment.
