Recent employment updates - Scandinavia

Norway

• Removal of Internal Company Age Limits. The Parliament has decided to remove the provision allowing companies to set an internal age limit of 70 years in the Working Environment Act (the "WEA") with effect from 1 January 2026. Consequently, the statutory age limit of 72 years will apply. Companies should amendt their practices, update internal guidelines and review employment agreement templates for new hires. Companies can still set lower age limits when it is necessary for health or safety reasons, in which case the age limit must be objectively justified and not disproportionate.
   
• Stronger instruments for the Norwegian Labour Inspection Authority (the "NLIA"). The government has proposed a legislative amendment to enhance NLIA's powers, scheduled for parliamentary review in June. The proposed amendments would enable the NLIA to obtain information from third parties, secure evidence with court approval, issue on-site penalties during inspections, penalize individual business leaders, extend the limitation period from two to five years for infringement fees, clarify police assistance protocols, implement measures to forcibly access workplaces and enhance enforcement capabilities. These measures aim to increase the NLIA's effectiveness.
   
• Psychosocial Working Environment. The government has proposed amending the Working Environment Act to specifying that work must be organized to ensure all psychosocial factors are fully satisfactory for employees' health, safety and welfare. It is suggested to highlight key areas requiring attention, covering unclear expectations, emotional burdens when working with others, workload management, and workplace support.
   

Denmark

• Increase of Fines and Authority to Order Work on Construction Sites to Cease. The Parliament has passed a bill giving the Danish Working Environment Authority power to halt construction work and increasing fines for serious working environment breaches. The bill introduces a new fine targeting contractors and an increase of the fines imposed for serious breaches of working environment regulations. The base fine is increased by 50% for material violations to DKK 36,900 or 66,900 depending on the severity. The surcharge for repeated offense is increased by 50% to DKK 30,000, and multiple conviction fines are increased by 100% to DKK 20,000 per prior offense. New fine levels are effective 1 July 2025 and stop orders for contractors are effective 1 January 2026.
   
• New Act on Freedom of Expression for Public Employees. The Ministry of Justice has proposed a new Act codifying the rules on freedom of expression rules for public employees. Effective 1 July 2025, the Act states that public employees cannot be prevented from or face adverse employment consequences for personal expressions. However, this freedom has certain limitations, specifically when expressions involve punishable disclosure of confidential information or in exceptional circumstances where internal decision-making processes or operational capacity could be affected. 
   
• Bill on Improved Conditions for Parents of Hospitalized Newborns and Parents on Bereavement Leave. The Government has introduced a bill to amend the Parental Leave Act, which, among other things, provides for extended parental leave for parents of hospitalized newborns and expanded entitlement to parental benefits during bereavement leave. Subject to its adoption, the bill is scheduled to enter into force on 1 July 2025.
   
• Waiver of Duty of Confidentiality by Consent. The Ministry of Employment has introduced a bill that proposes that an employee who submits a complaint to the Danish Working Environment Authority may provide digital consent to waive the Authority’s special duty of confidentiality. The purpose of this is to enhance the efficiency of the Authority’s inspections, by allowing it to disclose that a complaint has been received and to use the content of the complaint – such as photos and/or video recordings – as part of the evidentiary basis for any potential administrative decision regarding a breach of the Working Environment Act.

Norway

• Duty to consider relocation in the event of a summary dismissal to be assessed by the Supreme Court. The case concerns a nurse who received a summary dismissal after hitting a patient in the face with a flat hand. The Court of Appeal ruled that the summary dismissal was unlawful. The court determined the employer had failed to conduct the broad and thorough assessment required, e.g. by not considering relocating the nurse to an administrative position. The case has now been referred to the Supreme Court, which will specifically address the question of whether employers have a duty to consider relocation in cases concerning summary dismissal.

Denmark

• Compensation to Dismissed Employee Undergoing Planned Fertility Treatment. On 15 April 2025, the Supreme Court concluded that the dismissal of an employee was based on planned fertility treatment, as the employer failed to prove otherwise. The Court found that the employee was entitled to compensation in accordance with the same principles that apply in cases where the employee is pregnant or has already commenced fertility treatment. The ruling extends protection to employees who are dismissed before becoming pregnant or commencing fertility treatment, applying the same compensation principles as in cases of pregnancy or ongoing fertility treatments.
  
  
• Upcoming Supreme Court Case on Salaried Employee Status for Agency Workers. Pursuant to case law, agency workers employed by temporary work agencies cannot be considered salaried employees at the user undertaking. However, in a judgment of 24 April 2024, the Eastern High Court found that one out of three agency workers – each having extended their temporary assignments multiple times – qualified as a salaried employee in the user undertaking. The court found that there was no objective justification for the repeated extensions on temporary terms. Thus, the High Court concluded that the number of and duration of the assignments constituted an abuse of the Salaried Employees Act and the Act on Fixed-Term Employment. The case will be heard by the Supreme Court on 30 September 2025.

Sweden

• Whistleblowing case in the Labour Court. An employee who reported a colleague's alleged misconduct claimed damages after being placed on garden leave and relocated, arguing these actions constituted retaliation pursuant to the Whistleblower Act. See our previous article on the case here. The judgement from the Uppsala District Court was appealed by the employee to the Labour Court, and the judgement is expected on 11 June 2025. This will be the first guiding precedent from the Labour Court concerning the Whistleblower Act, expected to clarify key issues such as causality, burden of proof, and the public interest criteria of reports.