6. Conclusion

The use of independent contractors, as well as subcontracting companies, is increasing in Norway. The reasons for this trend are likely multiple, but an important factor appears to be employers’ perception that the protection against dismissal in Norway is particularly strong.

The assessment of whether a person is classified as an employee or an independent contractor is based on a concrete overall assessment, in which seven factors developed through case law and preparatory works are central.

When determining whether a person should be classified as an employee or an independent contractor, the contractual terms are of importance. However, the decisive factor is typically how the parties actually structure and conduct their relationship in practice on a day-to-day basis.

Case law, in particular the Supreme Court judgment from 2024 referred to in section 2(d), further illustrates that misclassification can be costly for employers. Before engaging independent contractors, it is therefore essential to carry out a thorough assessment of whether they are, in substance, truly independent contractors.