The municipality of Oslo deprives students of goods fixed by law.

FOTO: Kristian Ridder-Nielsen

By making part–time working students sign commission contracts rather than regular work contracts, the municipality of Oslo deprives them of their rights to holiday allowance, injury benefit insurance, contractual wages and dismissal protection. The Working Environment Act and the Act concerning holiday regulations, Ferieloven, do not apply to commission workers as they do to regular workers.

“Many students work part–time in this manner,” legal expert Inger Olise Skarvøy says to the Norwegian Labour Inspection Authority.

Skarvøy explains that the municipality saves money on offering commission contracts. She states that this particularly applies to positions as freelance social workers and personal assistants. The Norwegian Labour Inspection Authority do not have a say in the matter as it is a private one.

Misinterpreted

People who normally work under commission contracts run their own businesses or are self–employed. Skarvøy thinks that the view of the municipality is in clear contrast to the view of the Norwegian Labour Inspection Authority.

“For instance, plumbers decide for themselves when, where and how pipes are to be installed. Therefore, they are under commission. Employees in the social sector are, on the other hand, considerably less in charge of their own work situation and are therefore considered regular workers,” Skarvøy says.

Work Obligation

She is supported by Rune Horstad in the Norwegian Association of Local and Regional Authorities (KS) who has a clear definition as to what could be considered as a regular worker.

“If you have an obligation to work you are a regular worker, and if you do not have an obligation you are not a regular worker,” Horstad says, who does not understand the ways of Oslo municipality.

“Personal assistants are, to my knowledge, people who aid others in need. In that case, you have an obligation, thus you are a regular worker. If the municipality of Oslo handles this differently, this is in breach of regulations in force,” Horstad says.

Freelance social workers, on the other hand, may take time off whenever they wish to, and thus they are not regular workers according to Horstad.

The municipality of Oslo is a member of KS but has made the decision to take care of the collective wage negotiations on their own.

Appalling

Rina Mariann Hansen represents Arbeiderpartiet in Oslo City Council. She is appalled by what Universitas could report on the practices in Oslo.

“I think this is totally unacceptable. An employee within the municipality should have the same rights as anyone else,” she says.

“In two weeks, there is Question Time in the City Council. I want to pursue this matter here. This is flat out appalling.”

Will not Change Stand

The municipality of Oslo will not change its stand on the fact that social workers are primarily commission workers. According to a special consultant for Oslo byråds avdeling for velferd og sosiale tjenester (an agency for Welfare and Social Services under the City Council), Truss Greuter, it is common practice here to suggest hour rates yourself with goods included.

“You negotiate,” Greuter explains.

“It is resolved by the City Council,”

Universitas has earlier been in touch with Henning Jakhelln, a Dr. of Labour Law. He stated back then that the municipality has a perception of the employer based on economic interest.

Trade Unions

If you sign such a contract, your only way out might be through court. According to Skarvøy, the most common in such a situation is to contact a trade union.

“Trade unions will be able to assist financially so that you can get a lawyer or a negotiator, depending on what is the best option,” says Siri Baastad, Chief of Information on behalf of Fagforbundet (a Norwegian trade union merger).