How Long Must I Work, and How Long Can I Keep Working?

The government is considering changing the rules in the Working Environment Act concerning termination of employment due to age. People are staying healthier longer, and the authorities expect us to remain in our jobs further into life before retiring. So, how long must I work, and how long am I allowed to work?

General Age Limit of 72

As a main rule, the Working Environment Act sets a general age limit of 72. After turning 72, you are no longer protected from dismissal, and your employer does not need a valid reason to end your employment. However, if you want to keep working, you may continue if your employer agrees. You cannot demand to work beyond 72 if the employer does not consent. The age limit has been increased several times, and the current limit of 72 was introduced in 2015.

Lower Company-Specific Age Limit

In the private sector, employers and employees can agree to a lower age limit than 72, but not below 70. This is referred to as a “company-specific age limit.” If a company enforces such an age limit, it must be made known to employees—ideally spelled out in the employment contract. The government is now looking to abolish the possibility of establishing a company-specific age limit and has circulated a consultation paper (hearing) with a deadline of January 7, 2025. If this proposal remains relevant, it will be presented to the Norwegian Parliament.

If no agreement is in place setting a lower age limit than 72, employees can continue working until 72. The option to agree on a lower age limit than 72 was introduced into the Working Environment Act in 2015. Any agreement setting an even lower age limit may be deemed invalid.

Age Limit of 70 in Public Sector

For government employees and in private companies covered by the State Pension Fund, employees fall under the Age Limit Act (Aldersgrenseloven), which sets the retirement age at 70. For certain job categories, the law allows for a lower retirement age if required by health or safety considerations (e.g., risk-related jobs). According to the legislative background documents, any lower age limit must have a “legitimate purpose and not be disproportionately intrusive” (see Ot.prp. nr. 54 (2008–2009) and EU Directive 2000/76/EC regarding age discrimination). The Supreme Court has ruled on age discrimination in two cases (Rt. 2011 p. 964 and Rt. 2012 p. 219). The Ministry has concluded that a mandatory retirement age can be retained if it is deemed justified and appropriate to safeguard necessary health and safety requirements (see Ot.prp. nr. 49 (2004–2005) p. 194).

Practical Considerations

No one can be forced to work if they have adequate pension coverage or other sources of income. This article focuses on how long you have the right to work if you wish and how low an age limit can be negotiated between employer and employee before it becomes invalid. Under the Working Environment Act, an employer must provide written notice of the date the employee is required to retire. The retirement date can be enforced no sooner than six months after the first day of the month following the date the notice was received by the employee. This notice effectively replaces a regular notice of termination.

The Common Perception of Retirement at 67

It is often said that the retirement age in Norway is 67, but this requires clarification. The “standard” or “nominal” pension age is currently 67. From this age, you have an unconditional right to start drawing your pension, regardless of how long you have worked or how much pension you have accrued under the National Insurance Scheme (folketrygden). If you have sufficient pension accrual, you can begin drawing your pension at 62. Your accrual depends on how long you have worked and the salary you have earned during that time.

If your employer allows it, you can continue working after age 72. However, your right to earn additional pension accrual ends when you turn 75.

At Advokatfirmaet Seland | Rödl & Partner AS, we work daily with issues relating to labor law and can assist you and/or your company with any questions you may have.