Arbeidsforholdet

Arbeidsforholdet is a term used to describe the employment relationship between an employee and an employer. It is created by an employment contract and is regulated by national labor law, collective agreements, and social security provisions. Even without a written contract, the relationship can exist based on actual practice and conduct.

Core features of an arbeidsforhold include mutual obligations: the employee performs work under the employer’s direction, and the employer provides work and pays wages. Subordination, loyalty, and compliance with reasonable instructions and workplace rules are typical characteristics. The relationship also involves duties related to safety, equal treatment, and nondiscrimination.

The legal framework consists mainly of the Working Environment Act (Arbeidsmiljøloven), which governs conditions, safety, and health at work, and the Employment Contracts Act, which covers contract terms, probation, and termination. Other laws provide protections on holidays, social security, and anti-discrimination. Many workplaces are further governed by tariff agreements that set additional terms for pay, hours, and benefits.

Types of employment commonly encountered include permanent employment (fast ansettelse) and temporary arrangements (midlertidig ansettelse), which may involve a probation period (prøvetid). The specifics of pay, benefits, and rights are often supplemented by the terms in collective agreements.

Rights and obligations within the arbeidsforhold include employees’ rights to fair compensation, safe working conditions, holiday rights, and protection against unlawful discrimination. Employers must provide work, pay wages on time, ensure a safe environment, and comply with statutory rules and applicable agreements.

Termination and changes to the relationship are governed by oppsigelse (notice of termination) and avskjed (dismissal). Unlawful or unjustified terminations can be challenged. Disputes are typically resolved through negotiation, mediation, or, if necessary, the courts, with involvement from unions and tariff agreements where relevant.