Norway has as of 1 April 2023 implemented new legislation which prohibits user undertakings from hiring in employees from temporary work agencies for "work of a temporary nature". The legislation poses a lot of challenges for user undertakings, companies that hire out employees, and for the Norwegian state itself.
Partner Sten Foyn and lawyer Andrea Johanne Telle have filed a complaint to the EFTA Surveillance Authority (ESA), on behalf of two clients. In the complaint, the stance is that the new legislation violates both the EU Directive on temporary agency work (2008/104) and free movement of services under the EEA Agreement. ESA has now opened a case against Norway, asking Norway a number of critical questions.
It will be interesting to follow the development of this case, which can have implications for a large number of businesses and enterprises in Norway!
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