What is no longer permitted?
Hiring workers from staffing agencies to perform construction work on building sites in Oslo, Viken, and Vestfold is no longer permitted. See Section 4 of the Hiring Regulations.
However, hiring from other contractors or other production companies that do not have the purpose of operating a rental business is still possible. Hiring between contractors on construction sites in the Oslo area is also a useful alternative to layoffs. For example, for contractors who temporarily have too little work. Provided that the general conditions for this are met in accordance with Section 14-13 of the Working Environment Act.
What types of construction workers are not allowed to be hired?
It is not decisive which trade or occupational group performs the work, but whether it is of a construction nature as defined in Section 4 of the Hiring Regulations:
- construction of buildings,
- interior design, decoration, and installation work,
- assembly and disassembly of prefabricated elements,
- demolition, dismantling, conversion, and refurbishment,
- renovation and maintenance, except for routine or minor work,
- excavation, blasting, and other groundwork related to the construction site, and
- other work performed in connection with construction work.
The restrictions in the regulations do not apply to employees who perform work other than construction work on the construction site. For example, finance and administration staff, engineers for design work, etc. may be hired.
The restrictions also do not apply to construction work on construction sites. Hiring workers for construction work on building sites may also be permitted, but according to the regulations, this does not apply to "excavation, blasting, and other groundwork in connection with the building site." If a construction contract for the relocation of a road also includes a road section that passes through the construction site, hired construction workers on the road construction contract may also perform construction work on the construction site.
What is meant by a construction site?
In the regulations, a construction site is defined as "any workplace where temporary or changing construction work of a certain scope is carried out."
The restrictions therefore do not apply to construction work of a more permanent nature, such as the production of elements for prefabricated houses or other prefabrication of building materials at a woodworking factory. The duration of the work is therefore significant.
It is also important whether the work can be said to be of a temporary or changing nature, as only "work of a certain scope" is covered by the regulations. Caretaker services and simple, short-term maintenance work in an established building will not normally make the workplace a construction site in relation to the regulations. For example, a hired electrician, carpenter, or plumber may carry out minor repairs and maintenance work. However, major renovation work over time will be subject to the restrictions of the regulations, even if it concerns an established building.
Construction site located in Oslo, Viken, and Vestfold
The regulations apply to "construction sites in Oslo, Viken and the former Vestfold." It is the geographical location of the construction site that is decisive, not the municipality in which the developer, contractor, staffing agency or others are located.
Larger contractors who carry out work both in and outside Oslo, Viken, and Vestfold can, in principle, move their own employees to this area and replace parts of the workforce on contracts in, for example, Porsgrunn (Telemark) or Hamar (Innlandet) with hired construction workers within the general framework for hiring in Section 14-12 of the Working Environment Act. Porsgrunn (Telemark) or Hamar (Innlandet) with hired construction workers within the general framework for hiring in the Working Environment Act § 14-12.
We're here to help
If you have further questions about when you can hire or lay off employees in the Oslo area, what consequences this may have, and what alternatives are available, Langseth Law Firm can help.