The government has proposed to extend until 1 July 2021 both the period in which the increased daily unemployment benefit rate applies and the temporary lay-off period. The government stated that the extended measures aim to give employees and employers more predictability during a difficult time.
The Supreme Court recently pronounced a judgment in which a female employee was awarded damages for non-economic loss after being subjected to sexual harassment by customers. The verdict provides useful clarifications regarding the conditions, and especially the lower limit, for sexual harassment. For employers, the various aspects of the matter are a reminder of the importance of complying with their duty to actively prevent and seek to prevent sexual harassment in the workplace.
The government has tightened foreign nationals' access to Norway with effect from 29 January 2021. This article discusses the legal impact for affected employers and employees, including with regard to temporary lay-offs, employers' right to prohibit employees' outward journeys, remuneration and support schemes, termination and tax and social security.
The limitation fund established following the grounding of the Full City near Langesund in 2009 was recently distributed. The limitation fund proceedings, which ran parallel to the proceedings concerning the limitation fund established following the Server casualty in 2007, have helped to clarify several procedural aspects of limitation funds. This article examines the key takeaways from the limitation fund proceedings now that they have come to an end.
The regulatory framework that exists within the shipping and offshore industries is long established. The general principle is that maritime assets above a certain size must be registered in a national ship registry, and vessel registration plays an important role in the financing of maritime and offshore assets. While the existing framework effectively extends to the offshore floating wind sector in Norway, the same cannot be said for deep-water fish farms.
Many companies are subject to a statutory activity and reporting obligation relating to equality and non-discrimination. The obligation is regulated in the Gender Equality and Discrimination Act, which imposes a mandatory working method on employers that includes documenting and managing risks of discrimination and obstacles to gender equality within companies. Many companies will have to spend time and resources on implementing sufficient systems and routines to comply with the new rules.
In a recent administrative appeal decision, the Norwegian Coastal Administration (NCA) Head Office reversed the wreck removal order issued by the NCA Emergency Response Centre in respect of a cargo ship which sank in northern Norway in 2017. The decision confirms that the pollution authorities will consider the proportionality of the measures ordered when exercising their administrative discretion.
Remote working has become increasingly common as a result of the COVID-19 pandemic and many companies are considering introducing more permanent arrangements beyond the pandemic. Although remote working has clear benefits for many, it also has negative aspects and practical and legal challenges. This article highlights various topics and issues that employers should consider when introducing a more permanent scheme for working from home.
The 75th session of the International Maritime Organisation Marine Environment Protection Committee recently approved a ban on the use and carriage of so-called 'heavy fuel oil' in the Arctic. The proposed amendments are expected to be formally adopted in June 2021. However, more stringent standards have already been proposed by the Norwegian government for the area surrounding Svalbard.
The COVID-19 pandemic has had a significant impact on the Norwegian employment and immigration world, particularly with respect to ways of working and the legal tools which employers can use. Looking ahead, the increased focus on environmental, social and governance requirements should lead to a greater focus on diversity and inclusion, equal pay and human rights abuses in supply chains. This video examines these matters and the potential impact that they may have on companies in Norway.
The High Court Civil Division recently ruled on whether the termination of two graphic designers from Dagbladet newspaper following a major reorganisation and downsizing process had been valid. A particular point of contention was whether the case processing had been sufficient. The court assessed whether the terminations were valid, the postponement of the service was to be regarded as a business transfer and the graphic designers were entitled to compensation for non-pecuniary damage.
For the first time in history, the Anti-discrimination Tribunal has awarded a remedy for non-economic loss and compensation for gender discrimination in the workplace. The case concerned a female applicant who, after being offered a job, informed the employer that she would be going on maternity leave shortly. The tribunal decided that the employer had discriminated against the applicant based on her gender and highlighted that pregnant jobseekers need not disclose their pregnancy.
As it is difficult to predict the impact that the COVID-19 infection control measures will have on the labour market, the government has proposed to prolong the extended right to care and sickness benefits until the end of June 2021 and March 2021, respectively. In addition, the government has put forward proposals for a continued increase in the unemployment benefit rate until the end of March 2021.
As noted in the white paper on Norway's Arctic policy, maritime activities in the High North are expected to increase due to improved accessibility resulting from melting sea ice, the high potential for increased commercial exploitation of marine and offshore resources and the successful marketing of the Arctic as a tourist destination. With increased activities comes an increased risk of accidents, and these additional risks must be taken into account by those operating in the area.
The Norwegian Supreme Court recently issued a ruling on the insolvency exception in the Lugano Convention and other jurisdictional issues in cross-border insolvencies in a case concerning Danish insurer Alpha Insurance A/S. The Norwegian claimant believed that Section 3 of the Lugano Convention applied, which allows insureds, in matters relating to insurance, to bring actions against insurers before the courts in the insured's domicile state.
Earlier in 2020, draft regulations on 'own pension accounts' were released for consultation. The new rules will enter into force at the beginning of 2021. The changes aim to make it easier for employees to receive the best possible pension. Employees will be able to choose who will manage their pension capital, which will lead to greater competition in the market.
The Supreme Court recently ruled on whether agreements regarding severance packages in the event of voluntary resignation, which were entered into during a downsizing process, could be partly set aside because they were contrary to good business practices or unreasonableness. To answer this question, the Supreme Court had to decide whether the employees were entitled to an early retirement pension in such a process based on the previous employer's promise.
The Supreme Court recently ruled on whether hired personnel were entitled to a company bonus on an equal footing with permanent employees and apprentices in the company in which they were hired pursuant to the equal treatment rule in Section 14-12a of the Working Environment Act. This article analyses the ruling and highlights the key points for employers.
The Supreme Court recently confirmed several important starting points relevant to the periodisation of an insurance event for the assessment of cover. The ruling addressed issues relating to both defining insurance periods and determining when insurance events occur. The Supreme Court also addressed the question of what is required to revise an insurance agreement pursuant to Section 36 of the Contract Act on unreasonable contract terms.
In response to the COVID-19 pandemic, the government has implemented several measures to secure jobs, boost the labour market and maintain stability for the workforce, including increasing the unemployment benefit. This temporary amendment originally applied until 31 October 2020. However, the government is set to propose a budget resolution before Parliament to extend the increased unemployment benefit to 31 December 2020.