What is the scope of the legislation?

The amended regulation clarifies that it does not apply to work which is either brief (ex: working from home for a few days or one or two weeks for a specific reason, such as a broken foot) or sporadic (ex: a few hours of work from home, or less than one day per week), and which is performed from the employee’s place of residence.

How can the parties determine work from home?

It is still compulsory to conclude a home office agreement between the employer and the employee unless home working is imposed or recommended by the authorities.

The agreement must mainly include the extent of the work to be done from home, the working hours, and the expected duration of the agreement.

What are the main provisions?

The amended legislation provides that the Working Environment Act applies even to work performed from home unless it falls under the more flexible home office rules.

Consequently, the general rules regarding working hours are also applicable for working from home. The previous exemptions for working hours and their calculation for home office regulations are removed.

Moreover, the government pointed out home office workers’ need for the same legal protection as other workers, and the employer must ensure that the mental health environment of the employee is satisfactory.

Who verifies compliance with the new regulations?

The power to supervise compliance with the regulations is up to the Norwegian Labour Inspection Authority. However, it cannot access the employee's home without an agreement with the employee.

Employers will have to start monitoring and calculating the working hours of home workers according to the general rules and ensuring a psychosocial working environment for employees.

It is therefore important to verify to comply with this additional health, environment and safety requirement on a regular and systematic basis.

The amended regulation came as working from home in Norway is here to stay for the foreseeable future.

According to a survey by the Confederation of Norwegian Enterprise (NHO), published by the newspaper VG, nearly the 60 per cent of companies surveyed by the organisation introduced working from home during the pandemic, and the 45 per cent, of the more than 1,200 employers who answered the survey, would offer a home office a couple of days a week once the pandemic ends.

“For those who can offer a home office, the pandemic has taught us that it is entirely possible and that in many cases, it gives both the company and the individual employee new opportunities,” said Ole Erik Almlid, head of the NHO.