Hearing regarding the proposal to amend the provisions concerning the hiring agency workers
On June 6th 2019, the Ministry of Labour and Social Affairs sent out a public hearing regarding amendments in the provisions concerning the hiring agency workers.
The proposal is a follow-up of previous efforts to improve the conditions for hired agency workers and protection against unlawful hiring.
The Ministry propose that the Norwegian Labour Inspection Authority obtains authority to supervise compliance with the conditions that must be fulfilled when hiring agency workers and the principle of equal treatment under the Working Environment Act sections 14-12 and 14-12a. The proposal also includes authority for the Labour Inspection Authority to give orders or reactions to the user undertaking or temporary work-agencies if they are in breach of the provisions. The proposal will not affect the agency worker’s possibility to institute legal proceedings regarding unlawful hiring under to the Working Environment Act section 14-14.
In addition, the Ministry proposes to repeal the provision in the Labour Market Act § 27 no. 2. The referenced provision prohibits temporary work-agencies from hiring out an employee to his/her previous employer for the first six months after the employee resigned from his/her previous employer. The purpose of the provision is to prevent temporary work-agencies from recruiting employees from a company and then later hiring out the same person to the same company, at a higher cost. Referencing the fact that the access to labour has improved, the Ministry questions whether the provision is too general and still is necessary to avoid misuse. The Ministry therefore asks for response from the bodies entitled to comment if they think that the prohibition is still necessary and suggestions on how it can better counter unhealthy recruiting.