Workers hired from temporary work agencies are entitled to performance-related company bonus
Supreme Court judgment 2 November 2020, HR-2020-2109-A, (case no. 19-167507SIV-HRET), civil case, appeal against judgment.
A, B (Counsel Karianne Rettedal), LO Norway (third-party intervener) (Counsel Stig Åkenes Johnsen) v. Semco Maritime AS, NHO (third-party intervener)
Justices: Øie, Skoghøy, Matheson, Bull, Steinsvik
A temporary work agency had, over a period of four years, hired out workers to an oil company that had a bonus scheme at company level for its employees. The Supreme Court found that the bonus scheme was a form of performance-related pay and thus covered by the term "pay" in section 14-12 a subsection 1 (f) of the Working Environment Act. The temporary work agency was thus obliged to pay a bonus to the two workers as if they had been permanently employed in the oil company. Emphasis was placed on the goal of achieving real equality between the payment to permanent employees and the payment to hired workers.