Fikk krav avvist: – Jeg reagerer på arbeidsgiver

In late June, Jan Aarskog, a trade union representative for the Fellesorganisasjonen in the BufetatBarne-, ungdoms- og familieetaten, sent a three-point email to his employer. The case centers around overtime pay for part-time employees. The parties involved in the workplace dispute are still far from reaching an agreement on the matter.

In the legal system, employees have been winning so far. Meanwhile, the opposing side emphasizes that the cases are pending and thus not legally binding yet. However, if part-time employees agree to wait instead of pushing for back pay, significant financial losses could occur due to a three-year statute of limitations. This is because the three-year deadline for seeking compensation can expire.

Aarskog therefore asked the Bufetat to take a stance on the following points: the employer cannot comply with the three points outlined. The Bufetat pointed out that the judgments are not legally binding and that the rules have not been changed. Therefore, their position is that requests for overtime pay for additional work will be rejected.

The Norwegian government introduced the EU's part-time directive into Norwegian law in 2005 when the employment environment law was enacted. In 2023 and 2024, the EU court heard two cases regarding the interpretation of the part-time directive. The EU court's rulings emphasized that it is unlawful to discriminate against part-time employees by not paying overtime for work beyond their agreed-upon workload.

Both cases have been appealed to the appellate court and are therefore not legally binding. The government has established a working group to examine how compensation for overtime work should be modified. They are expected to present their findings by September 1. Aarskog now plans to submit claims to the Labor Council, the first instance, as regulations require a certain level of work.

He notes that the government could be betting on employees not wanting to take the job, as they are already aware that the employees will have control. Aarskog suggests many such cases could arise, as many people work part-time in the Bufetat. Additionally, this issue affects thousands across the country. Kortner told E24 that the Bufetat has shown understanding for this being a significant and principled issue for trade union representatives and employees.

However, she also states that this concern pertains to the entire workforce and is regulated by the state's collective bargaining agreement.