Jul 7, 2024

Temporary Employment – Rules and Requirements under the Working Environment Act

Temporary Employment - When is it Legal?
Temporary Employment - When is it Legal?
Temporary Employment - When is it Legal?

As a general rule, the employee shall be employed on a permanent basis. This means that the employment is ongoing and of indefinite duration, that the legal rules on termination of employment apply, and that the employee is assured predictability for work in the form of a genuine extent of position. Temporary employment can only be agreed upon in special cases explicitly stated in the law.

Legal Grounds for Temporary Employment

The central basis for temporary employment is that the work is of a temporary nature. This means that the tasks must be time-limited and that there is a temporary need. It is not sufficient that the employer is uncertain about the future need for labor. However, seasonal fluctuations in workload may provide grounds for temporary employment.

Especially About Substitutes

The law permits temporary employment when the employee is to work in place of another or others (substitute). It is not decisive that the name of the person being substituted is provided in advance. It will, for example, be allowed to use holiday substitutes as replacements in connection with holiday replacement, without these substitute positions being tied to specific individuals. However, the substitute position must still be specifically limited in some form.

Other Special Grounds

The law also allows for temporary employment in the case of practical work and for participants in labor market measures. Practical work will normally occur in connection with training or qualification within a field. Special rules apply to athletes, sports coaches, referees, and other leaders within organized sports.

The Three-Year Rule

An employee who has been continuously temporarily employed for more than three years according to the rules for work of a temporary nature or substitution shall be regarded as a permanent employee. When calculating the length of employment, there should be no deductions for the employee's absence.

Formal Requirements and Legal Effects

There are strict requirements for form and content in temporary employment. The agreement must be in writing, and it must state that the employment is temporary. The basis for the temporary employment must be specified, and the expected duration must be informed. If the employer has not informed that the employment relationship is temporary, it shall be assumed that the employee has a permanent position.

Termination of Employment

Temporary employment contracts terminate at the expiration of the agreed period or when the specific work has been completed. An employee who has been employed for more than one year is entitled to written notice of the termination date at least one month before the termination date. During the contract period, the general legal rules on termination of employment apply.

If the conditions for temporary employment are not met, the employee shall be considered permanently employed. In such cases, the employee may claim permanent employment through a court and may also be entitled to compensation.

Sterk Law Firm

Your Partner for a Well-Functioning Workplace

Your Partner for a Well-Functioning Workplace

Your Partner for a Well-Functioning Workplace

Employment law challenges can be complex and time-consuming, whether you are a business leader or an employee. The consequences of incorrect handling can be significant, both in human and economic terms. Our lawyers have extensive experience from various aspects of working life and broad expertise in all areas of employment law. We can therefore offer precise advice and support throughout the process, allowing you to focus on your core business.

Employment law challenges can be complex and time-consuming, whether you are a business leader or an employee. The consequences of incorrect handling can be significant, both in human and economic terms. Our lawyers have extensive experience from various aspects of working life and broad expertise in all areas of employment law. We can therefore offer precise advice and support throughout the process, allowing you to focus on your core business.

Employment law challenges can be complex and time-consuming, whether you are a business leader or an employee. The consequences of incorrect handling can be significant, both in human and economic terms. Our lawyers have extensive experience from various aspects of working life and broad expertise in all areas of employment law. We can therefore offer precise advice and support throughout the process, allowing you to focus on your core business.

Advokatfirmaet Sterk
Advokatfirmaet Sterk
Advokatfirmaet Sterk

Comprehensive Employment Law Assistance

Comprehensive Employment Law Assistance

Comprehensive Employment Law Assistance

Explore

More articles

Invalidity and Compensation for Wrongful Termination of Employment in Norwegian Law

Employment Law

Apr 8, 2025

Invalidity and compensation for unjust dismissal or termination. In blog posts, emphasize that it pertains to Norwegian law.

In cases of wrongful termination or unjust dismissal, the court shall generally rule that the termination is invalid, allowing the employee to continue in or be reinstated to their position. Even if the position has been filled by another, the employee is entitled to at least an equivalent position. In exceptional cases, the court may nonetheless decide that the employment relationship should end. Additionally, the employee may claim compensation for financial losses and reparation, where the assessment is based on a broad consideration of fairness with emphasis on the parties' conditions and other relevant circumstances.

Invalidity and Compensation for Wrongful Termination of Employment in Norwegian Law

Employment Law

Apr 8, 2025

Invalidity and compensation for unjust dismissal or termination. In blog posts, emphasize that it pertains to Norwegian law.

In cases of wrongful termination or unjust dismissal, the court shall generally rule that the termination is invalid, allowing the employee to continue in or be reinstated to their position. Even if the position has been filled by another, the employee is entitled to at least an equivalent position. In exceptional cases, the court may nonetheless decide that the employment relationship should end. Additionally, the employee may claim compensation for financial losses and reparation, where the assessment is based on a broad consideration of fairness with emphasis on the parties' conditions and other relevant circumstances.

Invalidity and Compensation for Wrongful Termination of Employment in Norwegian Law

Employment Law

Apr 8, 2025

Invalidity and compensation for unjust dismissal or termination. In blog posts, emphasize that it pertains to Norwegian law.

In cases of wrongful termination or unjust dismissal, the court shall generally rule that the termination is invalid, allowing the employee to continue in or be reinstated to their position. Even if the position has been filled by another, the employee is entitled to at least an equivalent position. In exceptional cases, the court may nonetheless decide that the employment relationship should end. Additionally, the employee may claim compensation for financial losses and reparation, where the assessment is based on a broad consideration of fairness with emphasis on the parties' conditions and other relevant circumstances.

Procedural rules for disputes concerning the termination of employment: Negotiations, deadlines, and the right to remain in position

Employment Law

Apr 8, 2025

Employment Law: Disputes about Termination and Dismissal

In the event of a dispute concerning termination or dismissal, specific procedural rules apply. The employee has the right to request negotiations within two weeks, and the employer is obliged to conduct a negotiation meeting within two weeks of receiving the request. In the case of termination, the employee is entitled to remain in their position while the dispute is ongoing, but the employer can demand resignation if continuation is unreasonable. The deadline for filing a lawsuit to contest the legality of the termination is eight weeks, and six months for pure compensation claims. Formal errors in the termination result in the annulment of the lawsuit deadline.

Procedural rules for disputes concerning the termination of employment: Negotiations, deadlines, and the right to remain in position

Employment Law

Apr 8, 2025

Employment Law: Disputes about Termination and Dismissal

In the event of a dispute concerning termination or dismissal, specific procedural rules apply. The employee has the right to request negotiations within two weeks, and the employer is obliged to conduct a negotiation meeting within two weeks of receiving the request. In the case of termination, the employee is entitled to remain in their position while the dispute is ongoing, but the employer can demand resignation if continuation is unreasonable. The deadline for filing a lawsuit to contest the legality of the termination is eight weeks, and six months for pure compensation claims. Formal errors in the termination result in the annulment of the lawsuit deadline.

Procedural rules for disputes concerning the termination of employment: Negotiations, deadlines, and the right to remain in position

Employment Law

Apr 8, 2025

Employment Law: Disputes about Termination and Dismissal

In the event of a dispute concerning termination or dismissal, specific procedural rules apply. The employee has the right to request negotiations within two weeks, and the employer is obliged to conduct a negotiation meeting within two weeks of receiving the request. In the case of termination, the employee is entitled to remain in their position while the dispute is ongoing, but the employer can demand resignation if continuation is unreasonable. The deadline for filing a lawsuit to contest the legality of the termination is eight weeks, and six months for pure compensation claims. Formal errors in the termination result in the annulment of the lawsuit deadline.

The Employee's Right to Terminate the Employment Contract: Terms and Consequences

Employment Law

Apr 8, 2025

Employee's Right to Terminate the Employment Contract – Conditions, Legal Effects, and Burden of Proof

The employee's right to termination involves the ability to immediately end the employment relationship due to the employer's substantial breach. This right is not codified in the Working Environment Act but derives from general contractual principles. Typical reasons for termination include non-payment of wages, harassment, or serious violations of safety regulations. The Supreme Court in the Stryn Pharmacy case has established that the threshold is high, particularly concerning psychosocial work environment issues. In the event of rightful termination, the employee may claim compensation for financial loss.

The Employee's Right to Terminate the Employment Contract: Terms and Consequences

Employment Law

Apr 8, 2025

Employee's Right to Terminate the Employment Contract – Conditions, Legal Effects, and Burden of Proof

The employee's right to termination involves the ability to immediately end the employment relationship due to the employer's substantial breach. This right is not codified in the Working Environment Act but derives from general contractual principles. Typical reasons for termination include non-payment of wages, harassment, or serious violations of safety regulations. The Supreme Court in the Stryn Pharmacy case has established that the threshold is high, particularly concerning psychosocial work environment issues. In the event of rightful termination, the employee may claim compensation for financial loss.

The Employee's Right to Terminate the Employment Contract: Terms and Consequences

Employment Law

Apr 8, 2025

Employee's Right to Terminate the Employment Contract – Conditions, Legal Effects, and Burden of Proof

The employee's right to termination involves the ability to immediately end the employment relationship due to the employer's substantial breach. This right is not codified in the Working Environment Act but derives from general contractual principles. Typical reasons for termination include non-payment of wages, harassment, or serious violations of safety regulations. The Supreme Court in the Stryn Pharmacy case has established that the threshold is high, particularly concerning psychosocial work environment issues. In the event of rightful termination, the employee may claim compensation for financial loss.

Dismissal in Employment Relationships: Legal Conditions and Overall Assessment

Employment Law

Apr 8, 2025

Dismissal in Employment Relationships – Conditions, Process, and Case Law

Dismissal represents the employer's right to terminate the employment contract immediately in the event of gross misconduct or significant breach by the employee. The threshold is very high, and a thorough overall assessment is required, with emphasis placed on the seriousness of the act, the employee's fault, and the circumstances of the business. The dismissal must not appear as a disproportionate reaction, and case law shows that the employer's own handling of the situation often carries great weight. The procedural rules mainly correspond to the rules for termination.

Dismissal in Employment Relationships: Legal Conditions and Overall Assessment

Employment Law

Apr 8, 2025

Dismissal in Employment Relationships – Conditions, Process, and Case Law

Dismissal represents the employer's right to terminate the employment contract immediately in the event of gross misconduct or significant breach by the employee. The threshold is very high, and a thorough overall assessment is required, with emphasis placed on the seriousness of the act, the employee's fault, and the circumstances of the business. The dismissal must not appear as a disproportionate reaction, and case law shows that the employer's own handling of the situation often carries great weight. The procedural rules mainly correspond to the rules for termination.

Dismissal in Employment Relationships: Legal Conditions and Overall Assessment

Employment Law

Apr 8, 2025

Dismissal in Employment Relationships – Conditions, Process, and Case Law

Dismissal represents the employer's right to terminate the employment contract immediately in the event of gross misconduct or significant breach by the employee. The threshold is very high, and a thorough overall assessment is required, with emphasis placed on the seriousness of the act, the employee's fault, and the circumstances of the business. The dismissal must not appear as a disproportionate reaction, and case law shows that the employer's own handling of the situation often carries great weight. The procedural rules mainly correspond to the rules for termination.

Contact us

Contact Sterk Law Firm for legal assistance and advice. Our dedicated team of experienced lawyers is ready to find tailored solutions for your specific challenges.

Portrait of a man in a suit with arms crossed, in front of a graphic background – expressing professionalism and confidence
Portrait of a man in a suit with arms crossed, in front of a graphic background – expressing professionalism and confidence

By submitting this form, you agree to our privacy policy and terms of service.