Do the new rules on temporary hiring from staffing agencies conflict with the EEA agreement?

In the response to EFTA Surveillance Authority (ESA), the Norwegian Authorities maintain that the tightening of the hiring rules is in line with the EEA Act and Agreement, and point out that permanent and direct employment is central to the Norwegian working life model. The authorities also refer to information and statistics on the development of the use of temporary agency workers in Norway.

The restrictions are mainly justified in “general interests” and negative consequences of temporary agency work. The Norwegian Authorities also point out that the EEA Act leaves the state with a wide margin of appreciation and, therefore, also the possibility to develop appropriate and efficient measures within the national context. Regarding the prohibition in construction sector in Oslo, Viken and formerly Vestfold, the Authorities points out that the measure is proportionate in order to ensure a well-functioning labour market within this sector.