Landmark ruling in Norway. It concerns overtime and the rights of thousands of workers

The case concerns an important exception in Norwegian labour law. People employed in particularly independent positions are not subject to standard rules on working hours and overtime pay. However, Blaich argued that in reality he did not have such freedom. He previously lost both in the court of first instance and in the court of appeal, but the Supreme Court took a different view.

The Supreme Court examined the actual scope of Blaich's duties. It found that the project manager had limited influence over the amount of work performed and the time needed to complete his tasks. Flexibility in working hours alone is not sufficient. Great responsibility and freedom in the way duties are performed also do not automatically mean that a position can be regarded as particularly independent.

What is crucial is the real ability to decide on the scope and timing of work. The court indicated that, when assessing independence, client requirements and applicable deadlines must also be taken into account, as they may limit an employee's freedom. Blaich sued his former employer after the construction company where he worked went bankrupt. In an interview with E24, he stressed that the case concerns not only money, but also the principles governing the application of labour law.

The Norwegian Society of Engineers and Technologists (NITO) believes that the exception for particularly independent positions is applied too broadly. Linn Marie Schilling Tjensvold, director of NITO's labour market department, believes that the decision will be significant for many members of the organisation. The exact scale of the use of this exception is not known. However, a 2014 report estimated that it covered around 20 per cent of all employees in Norway.

The consequences of the ruling are also recognised by a representative of the other side in the dispute. Attorney Nicolay Skarning points out that employers should review contracts and check whether employees can genuinely set their own priorities and organise their work independently. The exception itself remains permissible. According to Skarning, complaints from employees about excessive workloads may be a warning sign indicating a lack of genuine independence.

The ruling does not yet mean that Blaich will receive the amount he is seeking. The Supreme Court set aside the earlier decision of the court of appeal, so the claim for overtime pay will be reconsidered. Only the subsequent proceedings will determine the remuneration due to him.