Apr 8, 2025
Working Hours under the Working Environment Act – Rules, Exceptions, and Practical Application
The working time regulations constitute a central part of Norwegian labor law and have both historical grounding and modern relevance. The regulations aim to balance various considerations: the employee's health and welfare, the employer's need for flexibility and efficient operations, as well as the society's interests related to employment and equality. This article provides an overview of the most important rules on working time in the Working Environment Act, with an emphasis on practical application and interpretation.
Historical Development and Purpose of Working Time Regulation
The idea of an eight-hour workday emerged early in the 19th century and became a significant cause for the labor movement from the 1880s. In Norway, working hours for adult male workers were first regulated by the Workers' Protection Act of 1915, which set the normal workday at ten hours per day and 54 hours per week. The eight-hour day was adopted into collective agreements in 1918 and became law the following year.
Over the years, weekly working hours have been gradually reduced; to 45 hours in 1958, 42.5 hours in 1972, and 40 hours in 1976. In 1986, a 37.5-hour workweek was established by collective agreements, but legislation has not followed this, and the Working Environment Act still operates with a standard 40-hour workweek.
The main purpose of the working time regulations is to ensure that employees have working hours that do not impose undue health and social burdens on them or their immediate family. At the same time, the rules must be adapted to the employer's need for access to the workforce when the business requires it.
The Reasonableness Requirement - A Fundamental Limitation
Regardless of other rules, there is an immutable requirement that the working time arrangement in the enterprise must be reasonable. According to the Working Environment Act § 10-2(1), the working time arrangement must be such that employees are not exposed to adverse physical or psychological burdens, and that it is possible to take safety considerations into account.
This reasonableness requirement:
Is peremptory and cannot be waived by agreement
Acts as an independent limitation on how the enterprise's working time arrangement can be practiced
Applies to all employees, including those with managerial or particularly independent positions
Imposes an obligation on the employer to identify and assess risks associated with working time arrangements
The Concept of Working Time
The Working Environment Act defines working time as "the time during which the employee is at the disposal of the employer" (§ 10-1(1)). This definition must be interpreted in accordance with the EU's Working Time Directive, where working time is defined as "any period during which the employee is working, at the employer's disposal, and carrying out their activities or duties".
Working time is opposed to "non-working time," which is "the time during which the employee is not at the disposal of the employer" (§ 10-1(2)). The two concepts are mutually exclusive and must be interpreted in accordance with the directive's purpose of protecting the health and safety of employees.
The European Court of Justice has established that working time is characterized by three elements:
The employee must perform their activities or duties within the framework of their employment relationship
During the time available to the employer
Work
A practical question is whether travel time is working time. In the Thue case (HR-2018-1036-A), the Supreme Court, based on an advisory opinion from the EFTA Court, stated that necessary travel time outside regular working hours to and from a location other than the fixed workplace, where the employee is to perform tasks as specified by the employer, constitutes working time.
The General Working Time
Main Rule and Exceptions
The main rule is that the general working hours shall not exceed nine hours in 24 hours and 40 hours in seven days (§ 10-4(1)). However, there are exceptions allowing for longer working hours in various situations:
Work of a Passive Nature:
Working hours can be extended by up to half of the passive periods
Maximum two hours in 24 hours and ten hours in seven days
For "particularly passive" work, the Labor Inspectorate may consent to further extensions
On-call Duty:
In the case of on-call duty outside the workplace, working hours can be converted using a factor of 1/7
The conversion factor is determined by how demanding the on-call duty arrangement is
In enterprises bound by collective agreements, exceptions to the conversion factor can be agreed upon
Burdensome Working Time Arrangements:
For continuous shift work and comparable rotational work, a general workweek of 38 hours is applicable
The same working hours apply to work on two shifts regularly conducted on Sundays and holidays
Also where the employee has to work at least every third Sunday, or mainly at night
Particularly Burdensome Working Time Arrangements:
For continuous shift work and comparable rotational work, a general workweek of 36 hours is applicable
The same working hours apply to work underground in mines, tunneling, and excavation of rock chambers underground
Right to Flexible and Reduced Working Hours
The Working Environment Act provides employees certain rights to adapt their working hours:
Flexible Working Hours (§ 10-2(3)):
Employees have the right to flexible working hours if this can be implemented without significant inconvenience to the business
Employees do not need to cite specific reasons or justifications
There must be a qualified predominance of interest in favor of the employer to deny flexible working hours
Reduced Working Hours (§ 10-2(4)):
Employees who have reached the age of 62 or who for health, social, or other important welfare reasons require it, have the right to reduced working hours
Provided that the reduction in working hours can be implemented without significant inconvenience to the business
Parents with children under ten years are considered to have a need for reduced working hours if they request it
Average Calculation of Working Time
To ensure flexibility, the Working Environment Act § 10-5 allows for working hours to be averaged over a period:
By Agreement Between Employer and Employee:
Averaging over a period of 52 weeks
The general working hours shall not exceed ten hours in 24 hours and 48 hours in seven days
The limit of 48 hours can be averaged over eight weeks, but must not exceed 50 hours in any single week
By Agreement Between Employer and Elected Representatives:
In tariff bound enterprises, higher limits can be agreed upon
Up to 12.5 hours in 24 hours and 48 hours in seven days
The general working hours shall not exceed 54 hours in any single week
With Consent from the Labor Inspectorate:
Averaging over a period of 26 weeks
Limit for total working time of 13 hours in 24 hours and 48 hours in seven days
Overtime
Overtime work is work beyond the general working time according to the Working Environment Act. This differs from additional work, which is work beyond agreed (but within legal) working hours.
Conditions for Overtime (§ 10-6):
There must be a particular and time-limited need
The employer shall, if possible, discuss the necessity with elected representatives before overtime is initiated
The employee has the right to be exempted for health or significant social reasons
Duration of Overtime Work:
The main rule is a maximum of ten hours in seven days, 25 hours in four consecutive weeks, and 200 hours within a period of 52 weeks
By agreement with elected representatives, this can be extended to 20 hours in seven days, 50 hours in four weeks, and 300 hours in 52 weeks
Total working time (general + overtime) must not exceed 13 hours in 24 hours or 48 hours in seven days
Overtime Payment:
The employer is obliged to pay at least a 40 percent premium for overtime work
Overtime work must be conducted in agreement with the employer
The employer and employee can agree that overtime hours are taken entirely or partially as compensatory time off
Breaks and Non-Working Periods
Breaks (§ 10-9):
In daily working hours over 5.5 hours, employees are entitled to breaks
With at least eight hours of working time, breaks shall constitute at least half an hour
Breaks are normally not counted as working time but shall be counted as working time if the employee cannot freely leave the workplace
Daily and Weekly Rest (§ 10-8):
Employees shall have at least eleven consecutive hours of rest in 24 hours
In seven days, the employee shall have at least 35 consecutive hours of rest
The weekly rest period should, as far as possible, include Sunday
Sunday and Night Work
Sunday Work (§ 10-10):
The starting point is rest on Sundays and public holidays
Permitted only when the nature of the work makes it necessary
In enterprises bound by collective agreements, Sunday work can be agreed upon for special and time-limited needs
Night Work (§ 10-11):
Night work (between 9:00 pm and 6:00 am) is, as a general rule, prohibited
Permitted only when the nature of the work makes it necessary
Employees primarily performing night work shall be offered a health check
Exceptions to the Working Time Regulations
The Working Environment Act allows for several exceptions to the working time regulations:
Employees in Leading or Particularly Independent Positions (§ 10-12(1)(2)):
Exempt from most working time regulations
"Leading position" encompasses employees with clear management functions, greater responsibility, or independent decision-making authority
"Particularly independent position" requires great independence concerning work performance and working time
Rescue Work (§ 10-12(3)):
The rules can be deviated from for work that must be undertaken to avert danger to life or property
Employees shall be provided with compensatory rest periods
Collective Agreement with a Union with a Right to Recommend (§ 10-12(4)):
Unions with at least 10,000 members can enter into a collective agreement that deviates from most working time rules
In exceptions from rest and night work rules, employees must be given compensatory rest
Conclusion
The working time regulations in the Working Environment Act constitute a complex system designed to accommodate several conflicting considerations. While the main rules set clear limits on working hours, exception provisions allow for flexibility where the needs of the enterprise or the nature of the work dictate. The non-negotiable requirement for a reasonable working time arrangement nevertheless forms an absolute constraint on the employer's room for maneuver.
