Development: Overtime pay for part-time employees from the first hour of additional hours
In our Law Tracker of June 2026, we described how two rulings of the Court of Justice of the European Union (CJEU) — Case C-660/20 (Lufthansa) and Joined Cases C‑184/22 and C‑185/22 (Dialyse) — had put the Norwegian rules for overtime pay for part‑time employees under pressure. Under Norwegian law, part-time employees are only entitled to overtime pay once they have worked the same number of hours as full-time employees. Recent CJEU rulings suggest that this approach may constitute unlawful discrimination against part-time employees. The employee side argues that part‑time employees are entitled to overtime pay from the first hour worked beyond their agreed working hours, while the employer side disputes this.
As noted in our Law Tracker of June, the government appointed a working group to examine possible amendments to the Norwegian regulatory framework. Many had hoped that the report would clarify the legal position. The working group delivered its report on 15 September 2026 — but without any agreed solution. The group was unable to reach consensus on common proposals for legislative amendments. The employee side argues that the legal position has been clarified by the CJEU’s rulings, and that a shared overtime threshold for full-time and part-time employees — as current Norwegian law provides — is incompatible with EEA obligations. The employer side maintains that the existing regulation can be upheld within the EEA framework and that two CJEU rulings alone do not warrant legislative changes.
The Ministry of Labour and Social Inclusion is now reviewing the report and will initiate work on a consultation paper. The Ministry signalled that amendments to Norwegian law will be necessary and has further announced that it will seek external expert assistance to identify practical solutions.
Until the legal position is clarified, employers should continue to assess a possible obligation to pay overtime supplements for work beyond their contracted part-time hours, both retrospectively and going forward.
