In a letter of formal notice sent from the EFTA Surveillance Authority (ESA) sent to Norway 🇳🇴 last month, it argues that by introducing unjustified and disproportionate restrictions on the use of temporary agency workers in Norway, it amounts to a breach of both Article 36 EEA (free movement of services), and Directive 2008/104 on temporary agency work.
The public enforcement action, through the initiation of infringement proceedings, follows several complaints that the ESA had received from Norwegian temporary-work agencies, a Norwegian employers organisation, and an Estoninan temporary-work agency.
In particular, amongst other issues, the national measures bring about an absolute prohibition on the use of temporary agency workers in the construction sector in Oslo and other select places.
Norway accepts that the national laws constitute a restriction to the internal market. However, it claims that the measures are ‘justified and proportionate’, because the aim of the national measures is to reduce the use of temporary agency workers and increase permanent and direct employment.
The ESA, whilst accepting that there can be restrictions, that the ones taken by Norway are disproportionate.
The ESA now awaits a formal response from Norway, before whether to decide to issue a reasoned opinion.
A copy of the ESA decision can be viewed at the following link: https://lnkd.in/eiA4Fc6a
Graham Butler