Hopp direkte til innhold

Hopp direkte til Søk

INFO IN ENGLISH? Find essential articles and documents in our  English section



Employer's right of management: duty of loyalty and duty of care

Employer's right of management means that the employer has the right to organize, manage, control and distribute the work in the enterprise.

Right of management gives employers wide access to give workers instructions and orders. However, instructions and orders of the employer must be objectively justified and proportionate. Employers also have a duty of care for their employees. In the current situation, the employer's duty of loyalty and care becomes particularly important, and the employer must be thoughtful in his exercise of management right.

More than ever, a good cooperation is required between the local parties at the individual workplace, where issues that affect both the employer and the employee will arise in the days and weeks to come. In today's crisis situation, it must be expected that both the employer and the employees show a great deal of flexibility and contribute to safeguarding the employee's and employee's family situation, the enterprise, and effective infection control.

The employer has a duty to provide a fully responsible working environment and, by virtue of its right of management, can implement a number of measures to prevent illness in the workplace.

Questions have arisen as to whether the employer can order employees to stay home for 14 days on suspicion of an infection hazard, perhaps especially where workers have been traveling in particularly exposed areas. An employee's duty of loyalty will mean that the employee is obliged to comply with such an order. The employer, in turn, is obliged to follow up the employees who work from home and organize as well as possible for the individual.

For workers who can do their work from home, home office will be the natural solution. A large number of employees do not have this opportunity, and the question then is whether they are entitled to pay when instructed not to be at work.

The starting point will be that, according to their employment contract, an employee will have the right to work and receive wages for their work. If the employer gives an employee an order that contradicts this, the employer must bear the financial burden the order imposes. Employer's right of management does not give them the right to order an employee to take vacation or leave during this period.

Although the employer may, by virtue of his right of management, order an employee to stay away from the workplace, the employer cannot legally impose a quarantine on employees at home. Such measures can only be implemented by the public under the Communicable Disease Control Act, and in some areas have already been implemented.

Article published Friday March 27

  • Del denne siden: