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Internal Market: ESA launch procedure against Norwegian rules on posting of workers



EN  |  NO

The EFTA Surveillance Authority (ESA) is launching a formal procedure against Norway for not adhering to the EEA rules on posting of workers.

Norway requires employers to provide for lodging, travel and boarding expenses for posted EEA workers in the maritime construction industry, on construction sites and in cleaning enterprises. In light of the established jurisprudence of the European Courts on this issue, it is ESA's conclusion that this constitutes a breach of the EEA Agreement's provisions for free movement of services and the Posting of Workers Directive.

Free movement of services is a fundamental freedom in the single market, where the EEA Agreement guarantees a level playing field and fair competition. However, the market only functions when all states follow the same rules,” says ESA president Sven Erik Svedman.

ESA received a complaint on the Norwegian rules from the Confederation of Norwegian Enterprise (NHO) in December 2013. In February 2015 a European service provider also lodged a complaint, claiming difficulties entering the Norwegian market.

Today, ESA sent a letter of formal notice to Norway, the first step in an infringement procedure against an EEA EFTA State. The Norwegian government now has two months to express its views before ESA decides whether to take the case further.

This is the beginning of a formal process. We are looking forward to hear Norway's point of view, so we can have a constructive dialogue and find a solution within the framework of the EEA Agreement,” says Svedman.

Read the letter of formal notice here.

For further information, please contact:

Anne M. Vestbakke
Head of Communications
Tel. (+32) 2 286 18 86
Mob. (+32) 490 57 63 53

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