Section 14-12. Hiring workers from undertakings whose object is to hire out labour (temporary-work agencies)
(1) Hiring workers from undertakings whose object is to hire out labour shall be permitted to the extent that temporary appointment of employees may be agreed pursuant to section 14-9, second paragraph (b) to (e).(2) In undertakings bound by a collective pay agreement concluded with trade unions with the right of nomination pursuant to the Labour Disputes Act, the employer and the elected representatives who collectively represent a majority of the employees in the category of workers to be hired may enter into a written agreement concerning the hiring of workers for limited periods notwithstanding the provisions laid down in the first paragraph. In response to an enquiry from the Norwegian Labour Inspection Authority, the undertaking and the temporary work agency shall provide documentation that the hirer undertaking is bound by a collective agreement Concluded with trade unions with the right of nomination and that an agreement has been entered into with the employees' elected representatives as referred to in the first sentence.(3) Any temporary worker who has been hired continuously according to this section for more than three years has the right to permanent employment with the lessor so that the rules on termination of employment apply. In the calculation, no deduction shall be made for the temporary worker's absence.(4) When assessing whether a service agreement between two undertakings involves hiring personnel, particular emphasis shall be placed on whether the client oversees the work and is responsible for the result. Other relevant factors include whether the agreement mainly concerns the supply of labour, whether the work takes place in close connection with the client's activities, whether the work covers ongoing labour needs by the client and whether the work takes place within the client's core or main activity(5) The Ministry may by regulation prohibit the hiring of certain groups of workers or in certain sectors when so indicated by important social considerations.(6) The Ministry may by regulation issue rules on the time-limited hiring of health personnel to ensure proper operation of the health and care service, and the time-limited hiring of special expertise, which deviate from the provision of the first paragraph.
