NORWAY Trends and Developments Contributed by: Thomas Talén, Caroline Lomsdalen Bendixen, Julie Krigsvoll Auran and Marlene Dalvik Eriksen, Ro Sommernes Advokatfirma AS
Ro Sommernes Advokatfirma AS P. Box 1983 Vika N-0125 Oslo Norway
Tel: +47 23 00 34 40 Email: mail@rosom.no Web: www.rosom.no
Statistics on Whistle-Blowing Norway does not maintain comprehensive statistics on whistle-blowing cases, and public authorities do not impose reporting obligations in this regard. Cred - ible research from 2018 indicates that approximately one in six employees observes misconduct or cen - surable conditions in the workplace annually, with approximately half reporting such conditions. The primary reason for refraining from whistle-blowing is fear of consequences, and approximately one in five whistle-blowers experiences negative consequences as a result of their reporting. Four in ten whistle-blowers reported that their notice of concern helped address the issue, and about 70% indicated they would report again. Awareness of whis - tle-blowing regulations has increased significantly, with 73% of employees having partial or comprehen - sive knowledge of the regulations in 2018, up from previous years. The proportion of organisations with documented whistle-blowing procedures increased from 37% in 2010 to 55% in 2018, demonstrating improved institutional preparedness. Sector-specific data reveals varying patterns in report - ing activity. A 2023 study found that the majority of municipalities and county councils had received whis - tle-blowing reports in the past three years, predomi - nantly concerning unsafe working environments. At NTNU (a Norwegian university), 36 cases were regis - tered in 2022, including sexual harassment (six cases); working environment issues (ten cases); bullying (18 cases); and discrimination (two cases). However, many cases were handled locally without central oversight.
The whistle-blowing framework is designed to uncover censurable and criminal conduct, typically economic crime, corruption, and environmental offences. The framework does not cover, nor is it intended to be used in connection with, reporting on the employee’s individual employment relationship, unless the whis - tle-blowing concerns censurable conditions related to an unsafe working environment. Research indicates that the condition most frequently reported is harmful leadership that is detrimental to the working environ - ment, with nearly seven in ten whistle-blowers iden- tifying management as responsible for the wrongful conditions. whistle-blowing related to unsafe working environments constitutes the vast majority of whistle- blowing cases. There is an ongoing debate as to whether the whistle- blowing framework functions in accordance with its intended purpose, with critics arguing that the rules may be misused, whereas official evaluations con - clude effectiveness. Notice of Concern and Reporting of Allegations in Norwegian Working Life – What Is It and What Does It Entail? Giving a notice of concern in employment law terms means that an employee reports censurable condi - tions in connection with or within the employer’s business. Censurable, or reprehensible, conditions include breaches of legal rules, written ethical guide - lines (code of conduct), or generally recognised ethi - cal norms. Examples include unsafe working envi - ronments, abuse of authority, financial irregularities or misconduct, breaches of data protection security,
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