Section 1-7 Posted employees

(1) By a posted employee is meant an employee who for a limited period works in a country other than that with which the employment is normally associated.

(2) Posting of an employee shall be deemed to take place when a foreign undertaking in connection with the provision of services:

  • a) by agreement with a recipient of services in Norway, posts an employee to Norway for its own account, at its own risk and under its own management, or
  • b) if an employee is posted to a place of business or undertaking in Norway that belongs to the same group, or
  • c) in the capacity of temporary employment undertaking or other undertaking that makes employees available, posts employees to an undertaking in Norway.

(3) Posting of an employee is also deemed to take place when a Norwegian undertaking in connection with the provision of services posts an employee to another country within the EEA area.

(4) The Ministry may in regulations provide rules concerning which pay and working conditions provided or authorised by statute shall apply to posted employees and provisions necessary for ensuring compliance, including provisions concerning cooperation with the responsible authorities of other EEA member states, protection and compensation in the event of retaliation from the employer, criteria for determining whether a posting is genuine, remuneration for accommodation and documentation requirements.

(5) In connection with mutual cooperation between EEA member states in accordance with regulations issued pursuant to section 1-7, fourth paragraph, and section 18-11, fifth paragraph, of the Working Environment Act[1], information may be provided to the responsible authorities of another EEA member state regardless of any statutory duty of confidentiality.

1 I.e. the present Act.