- This audit was conducted in January and February 2021.
- Notice of an order was given to Beerenberg on 4 February 2022.
- The order was issued on 10 February 2022.
The statutory regulation of the supervision of hiring in the Working Environment Act was amended with effect from 1 July 2020. The PSA thereby gained the authority to supervise that the conditions for hiring from temporary-work agencies and the equal treatment requirement in hiring employees are fulfilled. The hirer’s obligation to provide information to the temporary-work agency is also comprised by the extended supervisory duty.
The purpose of the audit was to follow up that Beerenberg is complying with the requirements of the WEA when hiring workers from temporary work agencies. A key assessment in the audit was whether the work to be done by the hired personnel was “temporary in character”.
The audit identified two nonconformities in relation to routines for ensuring the hiring is legal and to the duty to discuss this. In addition, the PSA observed an improvement point relating to the agreement with the unions on temporary hires.
Following the audit, Beerenberg was asked to explain to the PSA how the nonconformities would be handled and to provide the company’s assessment of the improvement point observed.
Routine for ensuring that temporary hires are legal
The PSA has followed up the matter in the wake of the audit, and has received and requested additional information from Beerenberg.
In a meeting with Beerenberg in February 2022 it became clear that the company had not established any routine for identifying, correcting and preventing breaches of the rules on temporary hires (nonconformity 6.1.1 in the audit report). As presented at the meeting, the company’s manning system was inadequate for ensuring that temporary hires were legal. Nor had any routine been established to ensure that other terms on hiring from temporary work agencies were met.
On this basis, the PSA has now given Beerenberg the following order.
Pursuant to section 18-6, paragraph 1 of the Working Environment Act, see sections 14-12, 14-9, paragraph 2, and 3-2, paragraph 2, litera e, Beerenberg Services AS is ordered to do the following.
- Beerenberg must establish routines to identify, correct and prevent breaches of the rules on hiring from temporary work agencies.
The deadline for compliance with the order is 27 May 2022. We must be notified when the order has been complied with.