New rules for hiring from staffing agencies came into effect on 1 April 2023, with transitional arrangements until 1 July 2023. There has been some confusion surrounding the new hiring rules and what is now permitted. Here, we summarise the most important questions on the new hiring rules.
In which cases is hiring from a temporary employment agency still possible?
Hiring temps for fixed-term positions is still lawful, just as it was before the legislative amendments. For example, you can hire a temp for periods of sickness, leave, holidays, and other absences. You can also hire a temp whilst you are working on filling a permanent position.
It is still possible to hire personnel with specialist expertise to help with advice or consultancy services At clearly defined project.
The hiring of personnel is also permitted by agreement with the shop stewards who represent a majority of the employee category to which the hiring applies, in companies bound by a collective agreement concluded with a trade union with the right to be consulted (more than 10,000 members – i.e. LO, YS, Fellesforbundet, Finansforbundet, etc.).
Who does the specialist exemption apply to?
Specialisation
The hired employees must have special expertise in a specific field. This can be both formal competency and/or experience-based competency.
For example, the consultant may have several years of experience in procurement, or hold a formal degree in Supply Chain/Logistics.
Advisory and consulting services:
The engagement must pertain to professional expertise and specialised knowledge that the engaging party cannot be expected to possess themselves.
For example, you can hire:
A recruiter in connection with a staffing project
– An IT consultant for the implementation of a new IT system
An HR resource in connection with a restructuring process
A communications advisor for a marketing campaign.
Clearly defined project:
The project must be time-limited, and hiring external staff to alleviate the company during busier periods is not permitted. The maximum period for external hiring is 3 years. The project must be distinct from the organisation's day-to-day operations.
For example, an IT company cannot hire an IT consultant to help with the implementation of a new IT system; however, a company without IT expertise can hire an IT resource for the same purpose.
There are certain situations where hiring through an agency is not permitted.
A total ban on temporary employment applies to construction work on building sites throughout Oslo, Viken, and former Vestfold.
It is not permitted to use temporary agency workers in cases where a company has a large need for labour for a limited period due to an increased workload within the organisation's normal business area.
Hiring for seasonal work is not permitted under the new rules that have come into effect, but an exception applies to agriculture.
Who is responsible and what are the consequences for illegal employment?
The hiring company is responsible for ensuring that the leasing is lawful. Unlawful leasing can have the following two consequences:
The hired-in employee can demand permanent employment with the hirer, or claim compensation if the employee has suffered a loss as a result.
– During inspections, the Labour Inspection Authority can order that the temporary employment be stopped.