When can you hire personnel from staffing agencies and other companies?
From staffing agencies
Temporary position
Hiring from staffing agencies is permitted for work in place of another person or persons (temporary employment) in accordance with the main rule in the Working Environment Act (aml.) § 14-12 (1). When your own employees are sick, on vacation, on leave, or otherwise absent, you can hire temporary replacements for them.
Practical work, etc.
The same general rule allows for hiring for practical work, for participants in labor market measures and athletes, etc., but these opportunities are less practical.
Temporary work – only for agricultural businesses and events
The fact that the work is of a temporary nature no longer in itself provides a legal basis for hiring, except for a transitional solution for hiring to replace workers in agricultural enterprises and for hiring for short-term events. Concerts and other large events can therefore continue to hire in specialist expertise and during peak periods.
Agreement with employee representatives
If the hirer's business is bound by a collective agreement with a large trade union, an agreement can be entered into with the union representative regarding hiring in accordance with the rules in the Working Environment Act § 14-12 (2). In such cases, it is possible to hire as many people as agreed with the union representative for up to three years.
Healthcare professionals
Without agreement with their elected representatives, the regulations on hiring or hiring health personnel open up to ensure the proper operation of health and care services for work of a temporary nature. This option is very practical and widely used by both municipalities and private health and care institutions.
Special expertise
The hiring regulations also allow for the hiring of specialist expertise to perform advisory and consulting services in a clearly defined project. This option is frequently used, for example, for hiring IT consultants.
Maximum of three years
In any case, temporary employment assignments from staffing agencies cannot last/be extended for more than three years. At least once a year, the use of temporary employment must be discussed with the hirer's elected representative.
Not construction workers in Eastern Norway
Hiring temporary workers from staffing agencies for construction work on building sites in Oslo, Akershus, Østfold, Buskerud, and Vestfold is not permitted. See here for more information about hiring construction workers.
From other businesses that do not have the purpose of renting out
More opportunities
There is far greater access to hiring from companies that do not have the purpose of operating a rental business.
Up to three people
In the event of temporary redundancy, a company may hire out its permanent employees instead of laying them off or reducing their numbers in some other way. Hiring out up to three persons who are permanently employed for purposes other than hiring out requires only that the hiring out does not involve more than half of the permanent employees of the hiring company. In such cases, the hiring company only needs to discuss the hiring with its employee representatives.
Over 10% of the lessor's employees
When hiring more than three people who also exceed 10% of the employees of the hiring company, more than just discussion is required. In such cases, a written agreement with the hiring company's employee representatives is required in accordance with the rules in the Working Environment Act § 14-13.
Other options?
Temporary employment, if necessary through the use of recruitment assistance or the purchase of results-based services (consultancy services or contracts), are possible alternatives to hiring when there is a need to perform tasks of a temporary nature.
Feel free to contact us for a chat, and we will ensure that your solutions are legal.