Section 3. Working and employment conditions

The following provisions relating to working and employment conditions shall apply for posted employees, irrespective of which country's laws otherwise regulate the employment arrangement, and irrespective of the duration of the period of posting:
  1. a.
    Chapters 10, 11, 13 and Section 3-1, Section 3-2, Section 3-5, Section 4-1 to Section 4-5, Section 5-1, Section 5-2, Section 6-1 to Section 6-3, Section 6-5, Section 12-1 to Section 12-9, Section 14-5, Section 14-6, Section 14-8, Section 14-12 to Section 14-14, Section 14-15 subsection 6 and Section 15-9 of Act 17 June 2005 No. 62 relating to working environment, working hours and employment protection, etc. (Working Environment Act),
  2. d.
    Chapters 5 and 6 and Sections 6 to 8, Section 9, paragraph one, Section 9, paragraph two, Section 11, Section 13, paragraphs one to three, Section 13, paragraph six, and Section 14 of Act 16 June 2017 No. 51 relating to gender equality and prohibition against discrimination (Gender Equality and Anti-Discrimination Act),
  3. e.
    provisions relating to pay, working and employment conditions laid down in the Regulations relating to the general application of collective agreements issued pursuant to Act 4 June 1993 No. 58 relating to the general application of collective agreements, etc., to the extent that the posted employee's working conditions fall within the scope of the Regulations.
The provisions in paragraph one shall only apply if the posted employee is not covered by more favourable working and employment conditions by agreement or pursuant to the country's laws that otherwise apply to the employment relationship.
If the period of posting for a posted employee who is a skilled or specialist worker does not exceed eight days, the provisions in the Holiday Act and Section 10-6, subsection 11 of the Working Environment Act, as well as provisions referred to paragraph two relating to holidays, holiday pay and salary, including overtime pay, shall not apply when:
  • the work performed involves initial assembly or installation subject to an agreement for the delivery of goods, and
  • the work is necessary for taking the goods into use.

This exception shall not apply for a posted employee who carries out work within the construction industry which involves the erection, repair, maintenance, conversion or demolition of buildings. If, during the last 12 months, the undertaking has posted other employees to perform the same work, these periods must be included when calculating whether the period of posting exceeds eight days.