New case law regarding reclassification of a consultant as an employee

At a glance

• A unanimous Court of Appeal concluded that an independent contractor engaged as a singer in a cathedral was in fact an employee.

The court's conclusion was based on an overall assessment of the nature of the engagement. The court stated that the fact that the signer also was engaged as an independent contractor by others could in this case not be decisive. This is because multiple engagements often will be the case for people working part time. To emphasise this criterium would make it more difficult for part time workers to be reclassified as employees.

In addition, the Hålogaland Court of Appeal ruled that the employee was entitled to be enrolled in the employer's pension scheme as of the first day of employment, namely 1 January 2013. The court concluded that the entitlement for the employee to be enrolled in the employer's pension scheme was not subject to statute of limitation in accordance with the general rules for statute of limitation (generally 3 years) due to a specific interpretation of Norwegian pension laws in combination with the statute of limitation.