The case in summary • Haci Ömer Ölcer, owner of Topp kebab in Notodden, must appear in court on Monday for letting two 17-year-olds work night shifts in 2022.• The Norwegian Labor Inspection Authority has imposed a fine of NOK 75,000 on him because the two young people worked over 130 hours every after 21.• Ölcer refuses to accept the fine and now risks it being increased to NOK 90,000, plus legal costs.• The employees, including Mohamed Haji, claim that he worked voluntarily and believes the fine is too high.• Ölcer claims that the rules are difficult to interpret and that he should have received a warning in the first place.• The Working Environment Act states that young people between the ages of 15 and 18 must have a work-free period of at least eight hours between 11pm and 6am, and that work between 21 and 23 are considered night work and are therefore not permitted. The summary is made by an AI service from OpenAi. The content is quality assured by news’s journalists before publication. Haci Ömer Ölcer, operator of Topp kebab in Notodden, stubbornly claims that he acted in good faith when he let two 17-year-old boys work part-time at night in his restaurant from July 2022 until autumn 2022. Topp kebab in Notodden. Photo: Nils Fridtjof Skumsvoll / NRKTop kebab at Notodden. Photo: Nils Fridtjof Skumsvoll / news However, after a visit from the Norwegian Labor Inspection Authority, he was served with a fine of NOK 75,000, when they found out that the two youngest employees had worked just over 130 hours each after 9 p.m. Ölcer refused to accept this, and thus ends up the case in court. There he risks the fine being raised to 90,000, and that he will also have to pay court costs. He is willing to take that chance. – This is important to me. We wanted to do this correctly, he says to news, and claims that several people in the industry are struggling to understand the regulations. Asked to work Mohamed Haji was one of two 17-year-olds who worked at night when the Norwegian Labor Inspection Authority paid an unannounced visit two years ago. He is now 19 years old, and still works part-time at Ölcer. Mohamed Haji says he really enjoys his job at Topp kebab, and that he himself wanted to work at night when the Norwegian Labor Inspection Authority came to check. Photo: Nils Fridtjof Skumsvoll / NRKMohamed Haji says he really enjoys his job at Topp kebab, and that he himself wanted to work at night when the Norwegian Labor Inspection Authority came to inspect. Photo: Nils Fridtjof Skumsvoll / news – It was completely voluntary. Otherwise I wouldn’t still be working here, would I? I think it’s quite a fine, he says to news, and thinks the boss has only tried to help. – Isn’t it good that the law regulates working hours for young people? – Yes, but at the same time it seems very old-fashioned. I think the rules should be renewed. Such laws make it difficult for young people to find work, he believes. – Difficult to understand Ölcer finds the rules difficult to interpret, and says he wanted to give the boys an opportunity to earn better. – They wanted to save money for Russian time and take the note, he says. Haci Ömer Ölcer steers the ship at Topp kebab. He believes he tries to follow the rules to the letter, and refuses to accept an order of NOK 75,000. Photo: Nils Fridtjof Skumsvoll / NRKHaci Ömer Ölcer steers the boat at Topp kebab. He believes he tries to follow the rules to the letter, and refuses to accept a proposal of NOK 75,000. Photo: Nils Fridtjof Skumsvoll / news The 17-year-olds should not have worked directly with guests in the restaurant after 9 p.m., he explains. Should young people under the age of 18 be allowed to work at night? 😴 Yes! Let the youth get to work! 🤑 No, it’s irresponsible 😡 In doubt here 🤔 Show result It doesn’t help much when dealing with the authorities. The Working Environment Act states that young people between the ages of 15 and 18 must have a work-free period of at least eight hours between 11pm and 6am. Work between 9pm and 11pm is also considered night work, and is, with a few exceptions, not permitted. The 17-year-olds worked several evenings after 9 p.m., and sometimes much later than this, which the Norwegian Labor Inspection Authority therefore believes was illegal. – Shouldn’t you have better familiarized yourself with the regulations as an employer? – Yes, absolutely, but I have also tried that. The Norwegian Labor Inspection Authority has visited Topp kebab in previous years, and then this was never an issue, he says. – Then they talked about what you have to pay the employees per hour, but they never mentioned anything about working hours for young people, he says firmly. – It is important that such cases are followed up Hans Egil Seljordslia, police attorney in the Sørøst police district, represents the prosecution when the case is heard in court on Monday. He believes that the fact that the boss and the employee agreed to work at night has little significance. – From a criminal point of view, it probably won’t have much to say in relation to the assessment of punishment in my opinion, he says to news. He believes it is important that such cases are followed up, so that others in the industry become aware of the regulations. – Like pissing your pants The rules about night work are very important, thinks Sindre Hornnes, leader of LO’s summer patrol. Sindre Hornnes, leader of LO’s summer patrol. Photo: Aslak BorgersrudSindre Hornnes, leader of LO’s summer patrol. Photo: Aslak Borgersrud – Research shows that working at night is harmful to health, he says to news. Hornnes does not disregard that both employers and employees act in good faith, but that young people do themselves a disservice by breaking the rules to earn extra. He understands well that young people are motivated to work and earn their own money, but reminds that one must also endure a long working life. – Working nights and long weeks can be like peeing your pants to keep warm. You can become exhausted. He feels that many young people are not aware of what rights they have when it comes to working hours after 9 p.m., and receives many inquiries about this. – You often do not know about your rights until you have been informed about them, he points out. Hello! Do you have thoughts about the case you have read, or input on cases news should check out? Feel free to send me an email! Published 02.09.2024, at 05.37
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Kebab owner at Notodden refuses to accept a fine – news Vestfold and Telemark – Local news, TV and radio
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