Emergency foster parents are not employees

31 foster parents in emergency foster homes in Oslo municipality claimed permanent employment, compensation for non‑economic loss, and enrolment in the municipal occupational pension scheme. Under their contracts with the municipality, they were classified as independent contractors. The question was whether they should nonetheless be regarded as employees.

The Supreme Court concluded that the emergency foster parents are not employees under the Working Environment Act. The judgment reviews factors relevant to the classification as an employee. A key point is that the Supreme Court already addressed the same issue in 2013 for state-run emergency foster homes. The Court finds no factual differences or changes in the legislature’s view that would warrant departing from that earlier ruling.

The Supreme Court also considers whether three EU directives suggest a different outcome. Norwegian law must be interpreted in line with Norway’s EEA obligations under the presumption principle. However, the directives do not require Norway to introduce an EU-law concept of employee, nor do they grant rights such as permanent employment, compensation or pension. The Supreme Court therefore found no basis for applying the presumption principle in interpreting section 1‑8 of the Working Environment Act in such a way that the emergency foster parents fall within the Act’s general scope. The case also did not prompt an assessment of whether the emergency foster parents might have specific rights under the directives, as no such claim was submitted.

The judgment clarifies the legal status of foster parents in emergency foster homes.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Areas of law: Employment law. Section 1-8 of the Working Environment Act. The boundary between employee and independent contractor. EEA law and the reach of the presumption principle.

Key paragraphs: 49, 85, 93, 95, 100, 110

Justices: Bergsjø, Bergh, Sæther, Hellerslia, Steen