Construction agreement makes benefit advances compulsory from 2027

Employers bound by Fellesoverenskomsten for byggfag (FOB) 2026–2028 must advance sickness, nursing and parental benefits under a new collective-agreement dutyLovdata taking effect on 1 January 2027Lovdata. The provision applies to new cases after that dateLovdata. It replaces a recommendation that local parties review arrangements for advancing sickness benefits where advances were not already madeLovdata.

The agreement covers construction work undertaken by tariff-bound NHO members nationwide and can also be made applicable to staffing agencies supplying workers within its scopeLovdata. The new advance-payment duty covers employees with at least six months of continuous employment in the companyLovdata. Existing better company agreements or arrangements must not be reduced because of the changeLovdata. The existing prohibition on unequal treatment of employees in advancing sickness benefits remains outside the deferred commencementLovdata.

Advances are capped at the amount reimbursed by NAVLovdata, and the reimbursement belongs to the employerLovdata. The duration is limited to four months within a calendar year, including the employer period for sickness benefitsLovdata, unless the company establishes better arrangementsLovdata. Employers must notify employees no later than one month before advances ceaseLovdata.

Entitlement to the relevant benefit under folketrygdloven must remain satisfied throughoutLovdata. For sickness benefits, the agreement limits advances to cases where the employee is entitled to employer-paid sickness benefits and national insurance pays after the employer periodLovdata, referring to § 8-17(1)(a), (d) and (e)Lovdata. Section 8-17 provides for national-insurance sickness payments after the employer periodLovdata. It also covers necessary medical check-ups requiring at least 24 hours of absenceLovdata and cases where the employee is a donorLovdata.

The advance duty lapses if the employee breaches their information dutyLovdata. It also lapses if the employee fails to fulfil obligations securing the employer’s ongoing reimbursement or fails to provide necessary cooperation on time. It also lapses if NAV rejects the benefit application or the employment endsLovdata. Sickness absence must be documented by a medical certificate under company proceduresLovdata, and employees must disclose other employment or secondary occupations in connection with sickness certificationLovdata. For a certificate from a doctor outside the EEA, the advance duty starts only once the employer receives NAV confirmation that the certificate gives entitlement to reimbursementLovdata.

Employees must repay incorrect or unjustified advances; the provision specifically requires repayment of incorrectly or unjustifiably advanced sickness benefits on the employer’s demand. A written agreement must cover the amount owed and an appropriate repayment methodLovdata. The agreement recommends the statutory route of a prior written agreement for wage deductionsLovdata and says this provides a basis for necessary corrections to income reporting and tax withholdingLovdata. Statutory deductions under that route must leave what the employee reasonably needs to support themselves and their householdArbeidstilsynet.

The accompanying note treats entitlement to NAV sickness benefits as a matter between the employee and NAVLovdata: such cases do not provide grounds for local dispute proceedings between the employee or representative and the employerLovdata, and Hovedavtalen’s dispute system does not apply to them.

The relevant provisions are Fellesoverenskomsten for byggfag (FOB) 2026–2028 §§ 1-1 and 2-14, folketrygdloven § 8-17(1)(a), (d) and (e), and arbeidsmiljøloven § 14-15(3)(c) and (4).