|GH 2017 Norway|
The Working Environment Act only applies to employees and not individual contractors and the distinction between the two terms are therefore important. The term “employee” is briefly determined in the Working Environment Act. However, the distinction between the terms “employee” and “individual contractor” is at large developed through case law.
The Working Environment Act applies to any undertaking that engages employees, and it covers most aspects of employment, including working time, health, safety, environment, and job security. Opposite, the Working Environment Act does not apply to situations where the undertaking is not engaging an employee, but rather uses independent contractors. Consequently, the distinction between employees and independent contractors is an important one. Should the undertaking be wrong in assessing the distinction, the undertaking is responsible for the consequences.