On 1 January 2023, several new rules in the working life area entered into force. Here are some of the most important legislative and regulatory changes that employers and others should be aware of.

We at Homble Olsby | Littler are always up to date on legal developments in employment law. As the year draws to a close, we share some thoughts on entering into 2023 and summarize the most important news from 2022.

On 22 November 2022, the Supreme Court handed down a judgment on the connection between the rules in the Mandatory Wages Act and the rules in the Ship Labor Act on the obligation to pay in case of illness.

The Ministry of Labour and Social Inclusion has proposed changes relating to the definition of employee in the Working Environment Act. Among other things, the government proposes that it now should be the business that must prove that the person is not an employee if there is doubt or disagreement about this.

From January 2022, most of the Norwegian Working Environment Act will apply if a foreign company sends one of its employees to work in Norway for more than 12 months. These changes implement EU rules. Here is an overview.

The Supreme Court has clarified that substitute teachers who are employed temporarily due to a lack of qualified personnel are not entitled to a permanent position after three years. The judgment is important for employers in the training sector who are struggling to recruit qualified teaching staff.

In June, the government proposed strong restrictions on the right to hire workers from staffing agencies. It is expected that the proposal will be adopted within a short time. It is now planned that access to hire should not be so narrow for healthcare personnel and certain types of advisers and consultants.

The government's proposal for the National Budget for 2023 – Prop. 1 S (2022–2023) was presented on 6 October 2022. One of the focus areas is measures to promote a serious and well-organized working life.

Atypical working conditions is a topic that receives a lot of attention in EU law. How can it be ensured that this group gets the necessary rights, and who is actually an atypical employee?

When an employee is dismissed, it is not uncommon for the case to end up in the courts. The decisive factor for who wins the case then is the court's assessment of the grounds for dismissal. In the past year, the Supreme Court has handed down several judgments that clarify the requirements for the grounds for dismissal.

Just before the summer kicked in, the Supreme Court handed down a judgment on so-called administrative appointments - i.e., appointments in the state where you can make exceptions to the strict rules in the State Employee Act. What happens when the employer and employee do not agree on how extensive the exemption from the law should be?

What is the situation really like for freedom of speech in Norwegian workplaces? And what should be done so that employees dare to express themselves freely? These are among the questions that the Freedom of Expression Commission is dealing with in the report that was presented during the Arendal Week 2022.

In this seminar, Homble Olsby I Littler will guide you through the key obligations that an employer must comply with when receiving a notice from a Whistleblower. Together with colleagues from Littler in Europe we will highlight what is considered to be «best practice» under the current Norwegian legislation and the EU Whistleblower Protection Directive which soon will be implemented in Norway. The seminar will have a comparative perspective.

Mari Vindedal is partner in Homble Olsby | Littler from 1 July 2022. She joined the firm as a lawyer on 1 January 2020. Vindedal has made a name for herself as a proficient big gun from the first working day and has quickly developed further from lawyer to partner. She is also highly valued by the clients and a very good colleague.