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Previously, part-time employees have not been entitled to paid overtime until their working hours have exceeded those of a full-time employee. In line with the fact that the European Court of Justice has now found that such an arrangement can discriminate against part-time employees, the district court in Norway has, on two occasions, awarded part-time employees back pay for overtime accrued over several years. The judgments have been appealed and are therefore not yet legally binding. Nevertheless, the discussion surrounding overtime pay for part-time employees is rife in employer and employee forums, and the consequences could be significant for employers who do not act in line with developments. The recent district court judgments, in conjunction with the newer practice from the European Court of Justice, mean that employers must now expect:
- More claims for overtime pay for overtime worked in previous years
- An increased risk if part-time employees are assigned extra shifts
- Possible change in overtime pay regulations
More on the district court judgments
In Søndre Østfold district court, a judgment was delivered on 25 February 2026 in a case concerning a part-time employee at Coop Øst. The employee had for a significant period worked beyond their agreed percentage of contracted hours, but still within the legal limits for normal working hours. The district court ruled in favour of the employee, stating that overtime pay should be calculated from the first hour worked beyond the agreed percentage of contracted hours, and not first from the point at which the legal limit for normal working hours was exceeded.
Hedmarken and Østerdal District Court reached the same conclusion on 19 March 2026 in a case concerning a part-time healthcare worker in an 80% position. Here too, the employee had worked beyond their agreed employment percentage, but within the ordinary working hours for full-time employees. The court ruled in favour of the employee's claim for overtime pay, pointing out that lower remuneration for part-time employees in this situation constituted unlawful discrimination.
What does this mean for you as an employer?
Although the judgments are not yet legally binding, several trade unions have called for claims for backdated overtime payment for part-time employees to be made. The government is also currently working on a draft of new rules for overtime pay for part-time employees, in line with the discrimination issues highlighted by the Court of Justice of the European Union. The proposed legislation is expected to be presented in the autumn.
It may be wise to consider early on what consequences the changed practice may have for you as an employer.
Do you have questions about how your business should adapt to the regulatory changes? Get in touch with a solicitor/partner Lotte Lundby Kristiansen
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