Penalty for making use of the labour of a foreign national who did not hold a work permit in Norway.

Supreme Court judgment 2 September 2021, HR-2021-1780-A, (case no. 21-083612STR-HRET), criminal case, appeal against judgment.

X AS (Counsel Jon Anders Hasle) v. The Public Prosecution Authority (Counsel Alf Butenschøn Skre)

Justices: Indreberg, Matheson, Bull, Falch, Høgetveit Berg

A foreign national visited his brother who lived in Norway and ran a business refurbishing flats, among other things. The foreign national was on a legal visit in Norway, but did not have a residence permit giving a right to take employment, see section 55 of the Immigration Act. On one occasion, he bought two buckets of paint and drove them to a flat that his brother's enterprise was refurbishing. The Supreme Court found like the previous instances that the act was covered by section 108 subsection 3 (a) of the Immigration Act, prescribing a penalty for the use of a foreign national's labour when the foreign national does not hold the required permit. It was mentioned that the provision also covers performance of single and short-term tasks, although a distinction must be made towards friendly favours and ordinary assistance, which are natural and expected between fellow beings in everyday life. Norwegian standards for what is natural helpfulness between fellow beings should form the basis for the assessment. The act in the case at hand was not such a friendly favour or helping hand that was not covered by the provision. Significant weight was placed on the task being part of the brother's business activities. In the Supreme Court's view, an enterprise penalty was an appropriate reaction, and imposed a fine of NOK 30 000.

Read the whole judgment (Norwegian only)

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