Working Environment Act (2005)

• June 17, 2005 – Law enacted
• June 16, 2017 – Major amendments added specific whistleblower protections

• All private and public employers in Norway
• Companies employing five or more employees must maintain formal internal whistleblowing procedures
• Protections apply to employees, temporary workers, apprentices, interns, and other non-standard worker categories
• Businesses with fewer than five employees may still require procedures depending on their work environment

• Acknowledge the right to report issues of concern internally or externally
• Establish and maintain a clear internal reporting channel for whistleblowing (mandatory for businesses with five or more employees)
• Investigate whistleblower reports in a timely and adequate manner
• Prevent retaliation against whistleblowers
• Maintain a satisfactory working environment for those who report issues
• Establish and communicate written whistleblowing procedures if the business has five or more employees (required by law)

Businesses that operate websites or digital portals for employee communication should:

• Make their whistleblowing policy and procedures easily accessible on internal or external platforms
• Provide clear information on how to report, including designated contacts or channels
• Reinforce anti-retaliation protections and confidentiality through online documentation
• Consider links in footers, intranets, or login areas for easy access to reporting tools

• Internal whistleblowing procedures must include access to a reporting channel and:
  • Encourage reporting of concerns
  • Explain the notification process
  • Outline employer responsibilities in handling reports
  • Be written and made accessible to all employees
• Procedures must be developed with employee involvement

• Right to report concerns internally or externally (e.g., to authorities or media)
• Right to be protected against retaliation
• Right to compensation in case of violations

• Enforcing Authorities: Norwegian Labour Inspection Authority and Equality and Anti-Discrimination Tribunal
• Mechanism:
  • Employer bears burden of proof in retaliation claims
  • Employees may bring claims to court or the Tribunal
• Penalties:
  • Employers may be required to pay compensation and redress
  • No fixed statutory limit; based on severity and circumstances