Compensation for madatory quarantine

To members of Industri Energi who have undergone mandatory quarantine in their free time.

Industri Energi is currently examining the legal basis for claims for compensation for mandatory quarantine prior to travelling offshore in connection with the pandemic. Our preliminary assessment is that mandatory, completed quarantine during employees’ free time may be eligible for compensation.

To date, it has been accepted that such claims must be addressed to one’s own employer in the form of an individual wage claim. Since such claims will presumably no longer be valid after March 2023, they must be brought before a court before this date if they are not to become invalid.

To whom does this apply?

This applies to employees:

  • Who were required by their employers and/or the authorities to undergo quarantine before travelling to work offshore and who have received no, or only partial, compensation for this. We need to find out whether quarantine was employer-mandated or government-mandated, as well as whether some or none of it was compensated for.
  • Who at the time were members of Industri Energi
  • Who have not withdrawn and joined another union since. (This does not apply to residents abroad who have had to join another union in order to receive benefits in their home countries and others who have changed unions internally within the Norwegian Confederation Of Trade Unions (LO))

This does not apply to employees:

  • Who only underwent exposure quarantine because of their own illness or close contact with infected persons
  • Who were instructed by the authorities to quarantine on returning from a holiday

Industri Energi points out herewith that those who have undergone quarantine before travelling to work offshore without compensation or with only partial compensation must put forward their claims and address them to their local union representative in Industri Energi as soon as possible if assistance is required. If a civil action is filed, Industri Energi will provide support with regard to the legal proceedings and costs.

What must I do?

If you wish to submit a claim, you must:

  • prepare a detailed overview of any periods for which you may be entitled to compensation
  • attach information regarding departure, accommodation and any relevant correspondence with the company. Please use the attached Excel spreadsheet. See the separate information regarding calculating a claim.
  • The attached “Notification of Claim” must be sent to your employer. This generic notification must be adapted to your individual case and be submitted by you to your employer, along with the Excel spreadsheet showing the claim calculation.  

You must also:

  • Calculate the claim using the attached Excel spreadsheet “Quarantine Overview”. See separate information regarding calculating a claim.
  • Adapt the Notification of Claim to your situation. Enter your personal information in the fields marked in red in the text, changing the text colour to black. Remember to delete the red text when you have entered your own details.
  • Submit the claim and Excel sheet either together via your union representative or separately, directly to your company.
  • THE DEADLINE FOR SUBMITTING CLAIMS TO THE COMPANY IS 5 DECEMBER 2022
  • Await a response from your employer. If you do not receive this by the deadline, send the case to us without your employer’s response.

What then?

When you have received a response to your claim from the company, or in the absence of such response by the deadline, you must register the case using a link which will be sent to you on 11 December 2022.

The deadline for registering a case using this link is 20 DECEMBER 2022.

Thereafter, union representatives will receive an overview of all claims submitted to your company and will attempt to reach agreement with the company to cancel the period of limitation, so that legal proceedings can be filed in only a few selected cases. This is done for practical purposes. Everybody who registers a claim is considered a party to the overall claim.

We must then receive:

Copies of your Excel spreadsheets

  • Your notification of your claim and the company’s response to it
  • The actual order to quarantine must also be attached
  • A copy of your employment contract
  • A DaWinci printout showing the relevant periods in which you departed and returned
  • If you have any additional documentation, such as hotel bookings or travel bookings applying to the quarantine, please attach these too
  • Please also attach any travel expense claims for quarantine accommodation
  • The attached information form, filled in and signed
  • If you have received partial compensation, we also need documentation of this
  • If you have been quarantined because of your own infection in parts of the quarantine period(s) this must also be specified.

Industri Energi must also be granted legal authority if we are to handle your case. The attached information form must be filled in and signed by you. The legal authority constitutes a service agreement between you and the union.

What next?

We will register your case and assess your claim.

After that we will hold an information meeting in the middle of December about the continuation of the process, in which we will provide information about progress and our assessment of the cases.

It is very important if you wish to follow up your legal claim that you adhere to the process as set out above, observing the deadlines on 5 and 20 December 2022.