Offshore worker did not succeed with his claim that the time an employee is at the disposal of the employer is working hours

An employee in the oil service industry had a working time arrangement under which he alternated between fixed available periods and periods off work. Work on the shelf was primarily to be carried out during the available periods, but he could also be called out during the periods off work. After having been granted a reduction in his normal working hours, see section 10-2 subsection 4 of the Working Environment Act, he claimed that the available time had to be reduced accordingly. The Supreme Court, like the Court of Appeal, found that the right to reduced working hours did not give the right to a corresponding reduction in the available time, as this could not be considered working hours under section 10-1 subsection 1 of the Working Environment Act. It was noted that the worker, unless he was called out, could spend the time freely without being subject to the employer’s instructions. Considerable emphasis was placed on the EU's Working Time Directive, which has been implemented in Norwegian law, and on case law from the European Court of Justice related to the Directive. The available time could also not be considered standby duty, see section 10-4 subsection 3 of the Working Environment Act. The appeal against the Court of Appeal's judgment was dismissed. 

Read the whole judgment (Norwegian only)

Area of law: Employment law. Sections 10-1 and 10-2 of the Working Environment Act. 

Key paragraphs: 36, 43, 63−64, 68, 75

Justices: Falkanger, Bergsjø, Ringnes, Østensen Berglund, Hellerslia