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New rules on approval of staffing enterprises from 2024

New rules on approval of staffing enterprises from 2024

From January 1, 2024, the current system of registering staffing enterprises will be removed and replaced with an approval system.  This means that staffing enterprises that provide labor leasing services in Norway and are already registered must obtain approval from the Norwegian Labour Inspection Authority (Arbeidstilsynet) to operate legally. The new application form will be made available in November 2023.

What should the application include?

In the application, all staffing enterprises must include:

  • Documentation of their safety service.
  • Examples of different types of employment contracts you use.
  • Insurance certificates proving that you have active occupational injury insurance.
  • Documentation of the company's legal form from the public register authority in your home country.
  • You must demonstrate how you ensure equal treatment.
  • Staffing agencies registered abroad must provide documentation of their registration status in their home country.
  • You must ensure that you are listed in and have updated information in relevant public registers, including:
    • The Central Coordinating Register for Legal Entities
    • The Register of Business Enterprises
    • The VAT Register
    • The Employee and Employer Register

All foreign entities that do not have a fixed place of business or domicile in Norway must have a Norwegian representative. The representative must have:

  • Authorization to receive claims and take legal actions on behalf of the entity.
  • Domicile or a fixed business address in Norway

Register of staffing enterprises

The approval will later be recorded in a register. The register will also indicate whether a staffing enterprise has an approval application under review or has not received approval after such an application has been submitted.

What are the consequences of lacking approval?

If a company hires from a staffing enterprise that is not approved, the hired employee can demand regular employment with the hiring company and compensation. Non-compliance with the new rules can also lead to penalty fees.

When do the rules come into effect?

The approval system will come into effect on January 1, 2024. During the period from January 1, 2024, to March 31, 2024, there will be a transitional arrangement that allows hiring from companies that have submitted an approval application to the Norwegian Labour Inspection Authority for processing.

What can Magnus Legal do for you?

Magnus Legal can assist the employer with the entire application process, if desired. This can be easily done by delegating Altinn access to one of our lawyers, who will ensure a complete and hassle-free application process for you.

Magnus Legal can also assist with help in preparing the necessary attachments and documentation:

  • We can assist with an assessment of your safety representative service and ensure that it meets the legal requirements.
  • We can check that your employment contracts meet the requirements under Norwegian law.
  • We can assist you in answering questions about how your staffing company ensures equal treatment.
  • We can help you arrange for occupational injury insurance if you don't already have it.
  • We can assist with registering your company in the necessary public registers if you are not already registered.
  • One of our lawyers can be listed as a permanent representative in Norway if you do not already have a Norwegian representative.

Contact Magnus Legal for business legal expertise

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