Sentence for violations of the provisions on overtime in the Working Environment Act

Justices: Matningsdal, Normann, Bull, Bergsjø, Ringnes

The penalty for violations of section 19-1, cf. section 106 and section 108 of the Working Environment Act – the provisions on overtime work and daily and weekly off-duty time – was 120 days of imprisonment. The defendant was the general manager and chairman of the company where the violations had been committed, and was convicted of having failed to organise the undertaking in a way that facilitated compliance with the provisions on overtime and off-duty time. In 2015, the company had entered into agreements on collection of household rubbish in Vestfold and Oslo. Shortly after the startup of the assignments, the Labour Inspection disclosed extensive use of overtime, also beyond what is permitted. In the sentencing process, it was considered aggravating that the violations continued after the Labour Inspection's first inspection. The violations were considered willful and systematic, and they had taken place over a certain period of time. The violations relating to the undertaking in Oslo, which were the most extensive, were under doubt considered covered by section 19-1 subsection 2 of the Working Environment Act. Considerations of general deterrence suggested imprisonment, despite the fact that this had not previously been imposed for similar violations. A certain reduction of the sentence was granted due to lengthy proceedings.