All staffing enterprises that hire out labour as staffing enterprises in Norway must be officially authorised from 1 January 2024. All companies whose purpose is to hire out labour must apply to the Norwegian Labour Inspection Authority for authorisation.
It is the main legal entity (hovedenhet) in the company that applies for authorisation as a staffing enterprise on behalf of all sub-entities (underenhet) in the company.
Foreign staffing enterprises must also apply for authorisation as staffing enterprises if they intend to hire out labour in Norway.
Companies without employees shall not apply for authorisation
Companies without employees shall not apply for authorisation as a staffing enterprise.
Sole proprietorships and public limited companies where the owner is the sole employee shall not apply for authorisation
Sole proprietorships (ENK) without employees and public limited companies (AS) where the owner is the sole employee shall not apply for authorisation as a staffing enterprise.
This is because the purchase of services from an organisation consisting of only one person (ENK or AS where the owner is the sole employee) will not be considered hiring (innleie) under the Working Environment Act.
This is in line with the Ministry of Labour and Social Inclusion's guide Innleie av arbeidskraft (Hiring of labour, regjeringen.no, in Norwegian only).
The application form was amended on 13 December 2023 to make it clearer that public limited companies (AS) where the owner is the sole employee shall not apply for authorisation.
May apply if the enterprise plans to hire employees in the near future
Enterprises without employees, sole proprietorships and limited companies where the owner is the only employee may apply for authorisation if they plan to hire employees in the near future. This will be checked by the Labour Inspection Authority afterwards. If the Labour Inspection Authority finds that no more employees have been hired, this will be grounds for withdrawing an authorisation as a staffing agency.
Recruitment enterprises are not covered by the scheme
Enterprises that only provide recruitment services (arbeidsformidling) are not covered by the regulations on public authorisation of staffing enterprises. They should therefore not apply for authorisation.
Recruitment enterprises are not covered by the regulations because this is not hiring. A recruitment service actively connects a job seeker and an employer to establish an employer/employee relationship. The person who is to perform the work is employed directly by the enterprise that needs labour and is not employed by the intermediary enterprise.
However, enterprises that engage in both recruitment services and the hiring out of labour as staffing enterprises, are covered by the regulation because their purpose is to hire out labour. They must therefore apply for authorisation.
Read more in section 25 of the Labour Market Act (in Norwegian), (lovdata.no).