NORWAY Trends and Developments Contributed by: Thomas Talén, Caroline Lomsdalen Bendixen, Julie Krigsvoll Auran and Marlene Dalvik Eriksen, Ro Sommernes Advokatfirma AS
against reactions to the whistle-blowing itself and does not prevent the employer from taking other legiti - mate actions unrelated to the whistle-blowing even if such actions may have a negative impact on the employment relationship. Practical advice As an employee, you should: • be aware of your rights under the law; • contact a lawyer or trade union for legal assis - tance; and • obtain practical advice, which can be found, inter alia, on the Norwegian Labour Inspection Author - ity’s website ( Arbeidstilsynet ). As an employer, you should: • maintain current procedures that help to reduce the risk of anyone experiencing retaliation; • stay updated on the regulations and ensure employees are similarly informed; and • ensure that employees who have given a notice of concern continue to experience a fully satisfactory working environment. Sanctions Where an employee is subject to unlawful retaliation, the WEA provides grounds for the person concerned to claim both compensation and damages. Com - pensation is a payment to cover the economic loss resulting from the retaliation. The right to compensa - tion applies regardless of whether the employer is to blame for the retaliation or not, that is, regardless of fault. Damages will be assessed based on what is reasonable considering the parties’ circumstances, the nature and severity of the retaliation, and other relevant factors. Increased Focus on Psychosocial Working Environment Traditionally, greater focus has been placed on physi - cal working environment factors. In recent years, there has been increased focus both nationally and interna - tionally on promoting a positive psychosocial working environment. New rules on the psychosocial working environment will enter into force in 2026 (amendments to the WEA). These are summarised below.
A deficient working environment – one which prevents employees from performing optimally – results in sig - nificant costs for businesses and society. The pre - paratory works to the legislative amendment refer to calculations from Oslo Economics demonstrating that a non-optimal working environment costs Norwegian businesses approximately NOK30 billion annually and society approximately NOK75 billion annually. Ensur - ing effective health, environment and safety work is therefore of considerable value. The legislative amendment clarifies that psychoso - cial factors are encompassed within Norwegian law’s requirement for a fully adequate working environ - ment. The purpose of the legislative amendment is to provide enhanced guidance and greater awareness regarding psychosocial conditions in the workplace. The legislative amendment establishes that the pro - vision of Section 4-3 of the WEA will include a new first paragraph requiring that work shall be organ - ised, planned and carried out to ensure psychosocial working environment factors are fully adequate for employees’ health, safety and welfare. A new second paragraph will specify key psychosocial working envi - ronment factors, including: • unclear or conflicting demands and expectations; • emotional demands and strain from working with people (intense personal interpersonal contract); • workload and time pressure, which involves an imbalance between the work to be performed and the time available; and • support and assistance in the workplace. The purpose of the legislative amendment is to emphasise the role of psychosocial factors in the context of the requirement for an adequate working environment. While the amendment does not alter the existing legal position, this clarification may neverthe - less have practical significance for working life, includ - ing in whistle-blowing cases. The legislative amendment strengthens awareness of both the employer’s responsibilities as well as the employees’ duty to contribute to a safe working envi - ronment. It provides clearer guidance on the health, environment and safety measures that employers
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