All employees must have a written contract. This applies to all types of employment, be it temporary or permanent, there are no exceptions. The employer is responsible for preparing and ensuring that there is a written employment contract.
Contract of employment
A correct and clear employment agreement (employment contract) is important to prevent disputes over what agreements and conditions that apply to the job.
Employees have the right to get help from a union representative or other employee representative in connection with both the preparation and any amendments to the employment contract.
New requirements for employment contracts from 1 July 2024
From 1 July 2024, new requirements for employment contracts were implemented. These changes aim to strengthen the safety and rights of employees by making sure working conditions are clearer and more predictable.
Feel free to use Arbeidstilsynet's employment contract template.
When must the employment contract be ready?
If the duration of the employment relationship exceeds one month, the contract must be signed and ready as soon as possible and no later than seven days after the employment relationship started (the requirement used to be one month).
If the duration of the employment relationship is one month or less, the contract must be ready on the day the employment relationship starts. The same applies if the enterprise is hiring out the employee the employment contract covers.
The following applies to employment contracts established and signed prior to the amendment taking effect on 1 July 2024:
- Have changes been made to the employment relationship, but these changes are not related to the amendments in Section 14-6 of the Working Environment Act? Has the employee, for example, increased their FTE percentage, or been assigned a new title or new tasks? If so, the employment contract must be updated on the day the changes take effect, at the latest. See Section 14-8 of the Working Environment Act.
- Are there no changes to the employment relationship? In that case, the contract does not have to be updated unless the employee requests it. The employer must update the contract within two months. See Part III of the Act amending the Working Environment Act and the Civil Servants Act (lovdata.no, in Norwegian).
What must the employment contract include?
The employment contract must include information about matters of significant relevance for the employment relationship. From 1 July 2024, the contract must, as a minimum, include the following:
The employment contract must include
- name and organization number (identity) of the employer/enterprise
- name of employee
- name of workplace or office
Will the employee work at more than one location?
If the employee has no fixed or main place of work, the employment contract must specify that the employee is working at various locations, or that they are free to decide their place of work.
This would apply to work performed using digital platforms, remote work, etc. If this is the case, the contract must specify the employer’s registered or business address.
If the employee will be working fully or partially from home or abroad, the employer and employee must establish a written agreement for this work. This agreement comes in addition to the ordinary employment contract.
The employment contract must include a job description.
Alternatively, the employment contract can include information about the employee’s role, title or employment category.
The contract must include information about or a description of
- the start date for the employment relationship
- whether the employment is permanent or temporary
- whether a trial period applies and if so, the duration and conditions of this trial period
- working hour arrangements and daily and weekly working hours
- the duration and disposition of the agreed working hours per day and per week
- the duration of breaks from work
Does the work follow any special working hour arrangements?
If a special working hour arrangement applies to the job, the employment contract must specify this. This includes arrangements according to rules on
- calculation of average working hours
- flexible hours, reduced working hours or other working hour adjustments
- exemptions from the rules on working hours for senior and particularly independent posts
Is the employment temporary?
If the employment is temporary
- the employment contract must include information on the expected duration (expected start and end date) and the reason for the temporary employment
- the trial period cannot exceed half of the total employment period
Do working hours vary or are working hours irregular?
If the daily or weekly working hours vary, the employment contract must specify this. This applies if the working hours vary by season, or are irregular on specific days or times, or if the weekly working hours vary.
The employment contract should also include information making it possible for the employee to estimate when they will be working.
For example, it could
- include specific times for when the employee will be working
- include references to a work schedule showing when the employee will be working
- specify average working hours over a specific time period (e.g. 30 hours per week on average per month)
What are the procedures for making changes to shifts and work schedules?
The employment contract must include information on
- procedures for when and how shifts in the work schedule may be changed
- compensation for work beyond agreed working hours or work schedules
The contract can meet this requirement by referring to acts, regulations or collective agreements.
If a trial period applies, the contract must specify the duration of the trial period. Normally, the maximum duration of trial periods is six months.
For temporary employments, trial periods can never exceed half of the employment period.
The employment contract must include information on
- the employee’s right to holiday leave
- the employee’s right to and the payment of holiday pay
- the rules that apply to the timing of holiday leave
The employment contract must include information on
- the current or agreed salary at the start of the employment relationship
- method of payment (or bank account number), see Section 14-15 (2) of the Working Environment Act
- payment intervals
- benefits and other remuneration not included in the salary, e.g. pension contributions, allowances and overtime or night supplement
The various premiums and remunerations that are part of the salary must be specified separately.
The employment contract must include information about notice periods for the termination of employment, both for the employer and the employee.
The contract must also include information on how the employer and employee should proceed to end the employment relationship in accordance with Section 15-4 of the Working Environment Act. Please note that the Act imposes more formal requirements on the employer than on the employee in connection with the termination of employment.
If the employer is a staffing enterprise, and the employee is hired out to a hirer, the employment contract must specify the registered name of the hirer. This information could also be added in an appendix or supplement to the contract as soon as the identity of the hirer becomes known.
The identity of the hirer must be specified both at the start of the employment relationship and when the hirer changes over the course of the employment relationship.
The employment contract must specify any training entitlements provided by the employer.
The contract only needs specify the scope of the training and the general training and skills enhancement policy. It is not necessary to include detailed information or list all the training options, nor is it necessary to list the basic training provided in every employment relationship.
The employment contract must specify any benefits provided, partially or entirely, by the employer. The employment contract must also specify the identity of the social security institutions receiving social security contributions from the employer. Examples include pension schemes, insurance policies and sick pay.
The employer need not include all details and terms, but can instead refer to Acts, Regulations and collective agreements.
The employment contract must include information about any collective agreements regulating the employment relationship.
If the collective agreement was concluded by parties external to the enterprise, the contract must also specify who the parties to the collective agreement are.
The employment contract must comply with statutory requirements
The contract parties cannot agree to disregard statutory requirements. As an example, the contract cannot specify a period of notice shorter than what the Working Environment Act (arbeidsmiljøloven) requires.
If an employment contract includes information and clauses that conflict with the provisions of the Working Environment Act or Working Environment Regulations, these clauses of the contract will be invalid. This applies even if the contract has been signed by both the employer and the employee. The other clauses of the contract will nevertheless be valid.
In case of differences between the contract and minimum requirements in the law, the law shall apply.
Employment contracts must be made in writing
The employer must prepare a draft for a written employment contract. According to contract law, a verbal agreement is just as valid as a written agreement. However, with a verbal agreement, there could be dispute about what was agreed and whether an agreement was made at all.
The employment contract should be signed by both the employer and the employee. The signatures show that the parties agree on what is actually written in the contract. We therefore recommend that both parties also initial each page of the employment contract. This confirms that the parties agree on the content of each page.
An unsigned employment contract is not automatically invalid.
What can Arbeidstilsynet do?
Arbeidstilsynet can guide both employers and employees on what an employment contract should include. If the formal requirements are not met, Arbeidstilsynet can also order the employer to prepare an employment contract that meets statutory requirements.
The civil law aspects of employment contracts are normally outside of Arbeidstilsynet’s scope of authority. In this context, the term ‘civil law aspects’ refers to the matters between the employer and employee, and the fact that a dispute must be decided by the ordinary court system.
In other words, Arbeidstilsynet cannot assist in the interpretation of employment contract contents or interpret the conditions of any specific employment contract. If you need help assessing the specific content of the employment contract, you need to contact your union or a lawyer.
