Proposed changes to the right to hire and the use of temporary employees

The government has recently submitted proposed amendments to the Working Environment Act for consultation. Among other things, the proposed changes entail a tightening of access to hiring from staffing agencies, as well as the removal of the general access to temporary employment. In addition, a ban is proposed on hiring from temporary employment agencies at construction sites in the Oslo area.

The proposal to ban hiring from temporary employment agencies at construction sites will cover building work at construction sites in Oslo, Viken and the former Vestfold area. The hiring ban does not include construction work. The consultation deadline for the proposal is 19 April. If introduced, the proposal could hit the staffing and construction industries particularly hard, and is likely to lead to increased use of temporary hiring and contract work. In addition, companies in the construction industry will have reduced flexibility. The proposal is intended to strengthen a serious and orderly labour market, but could possibly lead to the construction industry struggling to find enough personnel during busy periods.

In addition, the government is proposing the removal of the right to hire from temporary employment agencies for work of a temporary nature, as well as giving temporary workers the right to permanent employment with the hirer after two years. The proposed changes must be seen in conjunction with the proposal to ban hiring at construction sites in the Oslo area.

It is also proposed that the general right to temporary employment under section 14-9, second paragraph, letter f of the Norwegian Working Environment Act be repealed, as it is rarely used in practice. The proposal is intended to strengthen employees' right to permanent employment.