Employees in the public sector

Employees in the public sector

The employment of municipal employees is regulated by the Working Environment Act while the employment of governmental employees is regulated partly by the Working Environment Act and partly by the Government Employees Act.

The employment of governmental employees is regulated partly by the Working Environment Act and partly by the Government Employees Act. In short, the Working Environment Act applies for governmental employees except for the provisions regarding hired personnel, temporary employments, termination of employment and disputes concerning the employment. These issues are regulated specifically in the Government Employees Act. This means that the provisions regarding HSE, working hours, different leaves, discrimination etc. in the Working Environment Act, also applies for the employment of governmental employees. Furthermore, the Governmental Employees Act contains provisions regarding the recruitment process while the Working Environment Act does not regulate such issues.

The employment of employees in the municipal sector is regulated fully by the Working Environment Act.

Different collective bargaining agreements apply for employees in the municipal and in the governmental sector respectively.

Decisions regarding hiring, termination, suspension, summarily dismissal, disciplinary measures or displacement of employees in the public sector are considered as an individual decision under the Public Administration Act. Therefore, the general procedural provisions in the Public Administration Act must be observed. However, the provisions regarding the grounds for the decision, complaint and reversal of the decision in the Public Administration Act do not apply for decisions concerning appointment in the public sector. The provisions in the Public Administration Act regarding complaints do not apply in decisions concerning termination or summarily dismissal of municipal employees.

The Freedom of Information Act provides the public with a right to access information and documents in the public companies/authorities. The act draws up several exceptions from this main rule, including that several documents/information concerning the employees are excepted from the public’s right to access. Furthermore, the regulation under the Public Administration Act regulates the information and documents concerning a recruitment process which an applicant, other applicants and the public can access.

Homble Olsby advokatfirma as

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0158 Oslo 

Tel (+47) 23 89 75 70
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