Up Again: Employers and employees

Employers and employees Q&A

What options do employers have and/or what are you seeing in terms of re-opening the workplace e.g. phased returns, rotating shifts, staggered working hours, etc.?

The Norwegian government is as of 7 May reopening society but still urges employers to keep employees working from home office if possible and especially if employees are using public transport, as well as to be flexible with respect to working hours and use of electronic meetings where possible. However, we see that stores are reopening and people are being called back to their workplace. We have seen examples of both phased returns and/or rotating shifts being used to prevent the spreading of the virus. The employer is entitled to call the employees back to the workplace, provided that the employer can ensure the employees' health, environment and safety and ensure a thoroughly sound working environment.

Does an employer have to give notice to employees to return to the workplace?

No specific notice requirement, but we recommend that the employees are given notice at least a day in advance.

Is an employer obliged to consult with employees/representatives about the return to work process?

According to the Norwegian Working Environment Act, undertakings that regularly employ at least 50 employees shall provide information concerning issues of importance for the employees' working conditions and discuss such issues with the employees' elected representatives.

Are there any requirements or recommendations for employees to wear or employers to provide masks or other protective equipment in the workplace?

A number of business' specific industrial practice codes have been made to comply with the infection control regulations. Hence hairdressers, skincare salons and teachers among others have their own specific requirements.

When can business travel resume and what are the key considerations for employers?

Business travels may be completed, however note that everyone who has travelled abroad regardless of country are required to stay in quarantine for 10 days from the day they returned home.

If schools remain closed, can working parents continue to work from home?

In Norway, kindergartens were gradually opened from 20 April. From 27 April, first to fourth grade in the primary school opened and the government will present a plan in the first week of May for the remaining grades. If the employee has children under the age of 12 at home due to closed kindergarten or school, the employee may claim "family care leave" (Nw.: omsorgspermisjon) for up to 20 days (or 30 days if the employee has three or more children under the age of 12). In general, the employer has to pay the normal salary the first 10 days of the family care leave, however due to COVID-19, this has been reduced to 3 days in temporary legislation. The Norwegian Labour and Welfare Organisation covers the remaining days.