NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
1. Opening an HR Internal Investigation 1.1 Circumstances In Norway, an HR internal investigation is normally ini - tiated following receipt of information from an employ - ee in the form of a notice of concern under the Nor - wegian Working Environment Act ( arbeidsmiljøloven , the WEA). Whether a notice qualifies as a notice of concern under the WEA requires a case-by-case assessment. Section 2A-1 of the WEA stipulates that a notice of concern must relate to conditions that contravene legal rules, corporate written ethical guidelines, or generally accepted societal ethical norms. Examples (non-exhaustive) stated in the WEA include conditions that may involve: • danger to life or health; Statements concerning conditions that relate solely to the employee’s own employment do not qualify as a notice of concern under the law. Expressed profes - sional differences of opinions or purely political state - ments will not, as a general rule, be considered as notices of concern. If a notice is considered a notice under the WEA, the provisions of the WEA apply, triggering certain rights and obligations for the person reporting the concern (the “Reporter”) and the employer. The detailed requirements for the procedure for notic - es of concern are set out in a separate statutory pro - vision (see 1.3 Communication Channels for further details). Where a notice meets the legal definition of a notice of concern under the WEA, the employer must ensure that it is adequately investigated. The extent of the investigation that an employer must undertake will vary from case to case. • danger to climate or the environment; • corruption or other economic crime; • abuse of authority; • insecure working environment; and/or • breach of personal data security.
1.2 Bases Notices of concern are regulated by Chapter 2A of the WEA which contains rules concerning: • procedure for notices of concern; • the employer’s duty to act; • prohibition on retaliation; • compensation and damages for breach of the pro - hibition on retaliation; • duty to establish procedures for internal notices of concern; and • duty of confidentiality in relation to external notices of concern to public authorities. The WEA contains both rules providing employees the right to submit notices of concern, and rules requir - ing the employer to ensure sufficient investigation of such notices. Chapter 2A of the WEA also applies to public sec - tor workplaces, and to civil servants. A separate act applies to employees working on board Norwegian ships. Such employment relationships are regulated by the Ship Labour Act ( skipsarbeiderloven ), which has its own provisions regarding notices of concern and is supplemented by the Ship Safety Act ( skip‑ ssikkerhetsloven ). Although the wording differs, these Acts are based on the same general principles regard - ing the scope of coverage and the prohibition against retaliation. In addition to the legislation mentioned above, oth - er acts may be relevant to notices of concern. For example, for public entities, the rules in the Freedom of Information Act ( offentlighetsloven ) and the Public Administration Act ( forvaltningsloven ) may be particu - larly relevant. In 2019, the EU adopted a new directive on whistle- blowing, Directive 2019/1937. Norway is not a mem - ber of the EU but has committed to follow certain rules through the EEA Agreement. The Whistleblowing Directive has not yet been incorporated into the EEA Agreement and therefore does not have direct effect in Norway. The question of implementation has been considered and is under review; however, at the time of writing, it is uncertain whether the Directive will be implemented and, if so, how.
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