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ARTICLE · 03 NOVEMBER 2026

Are Your Employees In A Particularly Independent Position?

The Norwegian Supreme Court has set a new, stricter standard for determining which employees qualify for exemption from working hours rules under the "particularly independent position" criterion. This landmark judgment overturned lower court decisions and established that simply having control over when and where work is performed is insufficient—employees must also have significant freedom to determine the scope of work itself. Businesses across all sectors should now review their employment agreeme

NorwayEmployment and HR
Simen Lium
Simen Lium
Christian Backe
Christian Backe
Fredrik Gisholt
Fredrik Gisholt

On 14 October 2026, the Norwegian Supreme Court issued a judgment on the interpretation of the condition "particularly independent position" in section 10-12(2) of the Working Environment Act. Employees in such positions are exempt from most of the working hours rules, including the statutory right to overtime pay. Many have this written into their contract, but what matters is whether the position actually meets the condition. Our experts summarise what the judgment means, and what your business should consider.

The Supreme Court's judgment concerned a project manager at a contracting company who worked across several projects at any given time and decided for himself where his work was most needed. 

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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