The Directive is not incorporated in the EEA agreement yet, but it is under scrutiny for incorporation. The Ministry of Labour and Social Inclusion submitted their proposal 29 June 2022 for consultation, with a deadline 10 October 2022, and stated that they assume it is EEA-relevant. Further, the Ministry specified that they intend to put forward a separate proposal for the Norwegian Parliament when the matter has been processed in the EEA committee. A summary of some of the proposed changes to the Norwegian Working Environment Act ("WEA") follows below.
The proposal imposes an obligation for the employer to provide information to the employees. Some of the elements are already covered in the WEA Section 14-6. However, the Ministry have proposed several amendments, including information on absence paid by the employer, how to proceed to terminate the employment relationship and information on the different components that the salary consists of.
Further, the Ministry proposes a duty for the employer have a written employment contract in place seven days after the employee's commencement, which constitutes a reduction from today's limit on one month after commencement, cf. the WEA Section 14-5 (2).
The Ministry proposed a specification of the probationary period for temporary appointments, in that it must be in a reasonable proportion to the nature and expected duration of the employment. In addition, it is specified that it is not possible to agree on a new probationary period in case of a renewal of the contract, or if a new temporary contract of the same character is entered into.
Further, a right to request more predictable and secure working conditions for temporary employees or part-time employees who have been working for more than six months is proposed. It is suggested that the employer must give a written reply within six months after the request was received.
To implement the Directive's rules on enforcement, the Ministry proposes to legislate a presumption for permanent employment, which is an enactment of current law. It shall apply if the employer has not stated that the employment is temporary in the employment contract. Another presumption is proposed for working hours; if information on working hours is not described in the employment agreement, it is a presumption that the employee's claim about the scope of the position shall be relied on, unless the employer proves otherwise.