The Norwegian Supreme Court concludes that time spent on a journey ordered by the employer, to and from a place other than the employee’s fixed or habitual place of work, should be considered working time within the meaning of the statutory provisions implementing the Working Time Directive (2003/88/EC). This ruling takes into account the Advisory Opinion of the EFTA Court. |
Search result: 3 articles
Case Reports |
2018/32 When is travelling time working time? (NO) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Working time |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
Case Reports |
2017/13 A Supreme Court decision on the collective agreement exemption from competition law, freedom of establishment, and the lawfulness of a notified boycott (NO) |
Journal | European Employment Law Cases, Issue 2 2017 |
Keywords | Collective labour law, industrial actions, unions |
Authors | Kurt Weltzien and Anne-Beth Engan |
AbstractAuthor's information |
This case report concerns the lawfulness of a notified boycott against Holship Norge AS (‘Holship’) by the Norwegian Transport Workers’ Union (‘NTF’). In its decision, the Supreme Court considered whether the collective agreement exemption from competition law could be applied, and whether the boycott was unlawful pursuant to the right to freedom of establishment established by Article 31 of the EEA Agreement, cf. Article 101 of the Constitution and Article 11 of the European Convention on Human Rights. |
Case Reports |
2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Independent contractors, Employees |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State. |