Arbejdstidsregistrering i Norge

The Danish Parliament recently passed a new law which entails that employers must implement a system for recording working hours which enter into force on 1 July 2024. Up until this point, Denmark has not had any general requirement for the daily recording of employees' working hours, but has found it necessary, based on a recent ruling of the EU Court of Justice, to now implements such a general requirement. Many Danish companies also have branches or subsidiaries operating in Norway. This leads to the question – what obligations do employers have regarding this in Norway?

Norway already has a general requirement regarding recording working hours in the Norwegian Working Environment Act ("NWEA") (Nw. Arbeidsmiljøloven) section 10-7. The employer shall record and keep a detailed account of the employees' working hours. The account shall also be accessible for the Norwegian Labour Inspection Authority and the employees' elected representatives.

The content of the general requirement may be somewhat different in Norway compared to the new Danish law. This article provides you with a brief overview of the employer's obligation to record and account for the employees' working hours according to Norwegian law. However, please note that this is a simplified overview of a small piece of complex working time regulations, and that applicable collective bargaining agreements that a business is bound by (if any) in some cases will supplement, amend or in other ways impact the employer's obligation to account for working hours as described in this overview.

The obligation to record the employees' working hours in section 10-7 of the NWEA applies for all employees, except for those who have been exempted from the working time regulations and mandatory overtime pay in chapter 10 of the NWEA due to having leading or particularly independent positions.

The purpose of the provision is to ensure that the employer keeps necessary record of the employees' working hours, both in order for the employer to secure compliance with the regulations on working hours and for the Norwegian Labour Inspection Authority (Nw. Arbeidstilsynet) and the unions to audit such compliance. The account of working hours must be accessible, clear and easily interpretable for the employer, employee representatives and possibly the Norwegian Labour Inspection Authority to control if the employer is in compliance.

There are no specific requirements as to how the recording of working hours should be carried out, except for that it shall be in writing and done consecutively, and hence the remaining is left to each employer to assess and design based on each individual business' needs. Some of the most significant elements to consider in relation to this are typically:

• Whether the recording shall be done manually or by electronic means. Employers can also choose whether they track the working hours themselves or ask the employees self-report their working hours. Self-reporting is normally done through electronic check-ins, time clocks or through employees maintaining personal timesheets. Other systematic approaches may meet the same objectives if they offer a clear and easily interpretable account of the employees' working hours. However, important to note that it is the employer that ultimately is responsible for keeping account of the employees' working hours; and

• Ensuring that the recording of working hours reflects the employees' actual working hours and that the account captures all the hours during which the employees have been at the disposal of the employer, including both regular working hours and overtime. The Norwegian Labour Inspection Authority normally require that the account of working hours shall detail the specific days worked, the start and end times for each workday and break(s), and whether the employee has worked any overtime.

Non-compliance with the record-keeping requirements may lead to penalties imposed by the Norwegian Labour Inspection Authority.

About Advokatfirmaet CLP

Advokatfirmaet CLP DA’s employment law team, represented by Julie Reinfjord and Fred Arthur Andersen, have extensive experience and regularly assists international and national clients across a variety of industries, including businesses within the retail and service sectors, with matters related to the Norwegian working time regulations. This includes, but is not limited to:

• reviewing, updating and/or customizing wording on working time arrangements in employment contracts, personnel handbook and/or other personnel related policies;

• assessing whether some employees are exempted from the working time regulations due to having leading or particularly independent positions;

• correspondence with the Norwegian Labour Inspection Authority in case of inspection, and

• ensuring compliance with GDPR in relation to recording and storing the accounts of working time.

If you have any question related to the Norwegian working time regulations or other employment related matters in Norway, CLP is happy to assist you with this.