Age limits for termination of employment 

From January 1, 2026, the following legal changes will apply: 

• the ability to set company-specific age limits is narrowed, 

• the general age limit for state employees increases from 70 to 72 years, and 

• The Act on the Norwegian Public Service Pension Fund is adapted to ensure that the increase in the general age limit does not result in reduced pensions. 

Company-Specific Age Limits 

The main rule in the Working Environment Act (“WEA”) is that employment can be terminated when the employee turns 72 years old. However, the WEA currently contains two exceptions that allow for lower company-specific age limits. From 2026, the exception in § 15-13 a third paragraph is removed. This means that from 2026, WEA only allows for a lower company-specific age limit than 72 years if it is necessary for reasons of health or safety. 

The change only affects employees who turn 70 after the amendment to the WEA enters into force on January 1, 2026. Note also that a transitional rule has been adopted for provisions in collective agreements regarding a lower age limit than 72 years. Such provisions apply until the collective agreement expires, cf. the Labour Disputes Act § 5, but in any case no longer than until January 1, 2029. 

Practical Implications for Companies 

Companies that currently have a company-specific age limit must make necessary adjustments in employment contracts/collective agreements, personnel handbooks, and internal routines. 

After the above-mentioned dates, a lower age limit than 72 years can still be set if it is necessary for reasons of health or safety. This will typically be relevant for positions or professions: 

• that involve unusually high physical or psychological strain for employees; or 

• that require special physical or psychological characteristics for the work to be performed without endangering the safety of others. 

A lower age limit than 72 years must also be objectively justified and not disproportionately intrusive.  

Most businesses that currently have a company-specific age limit will not be able to have it after January 1, 2026. 

The General Age Limit for State Employees and Other Members of the Norwegian Public Service Pension Fund 

From 2026, the general age limit for state employees and other members of the Norwegian Public Service Pension Fund increases from 70 to 72 years. 

The increase in the general age limit in the state will apply to persons who turn 70 after the amendment to Act on Age Limits for State Employees enters into force. The Ministry of Labour and Social Inclusion has planned for the changes to be implemented relatively quickly without special transitional arrangements. 

From 2026, the state employer’s authority to decide that an employee who still meets the requirements of the position may continue in service beyond the general age limit is also changed. The change entails that employment can continue beyond 72 years, but not beyond the age of 75. The “absolute” upper age limit in the state is therefore not increased. 

Adjustments to the Increased Age Limit in the Act on the Norwegian Public Service Pension Fund  

To ensure that the increased age limits do not result in reduced pensions from the Norwegian Public Service Pension Fund (SPK), adjustments have been adopted in the Act on the Norwegian Public Service Pension Fund § 23 second paragraph, § 26 h third paragraph, and § 28 sixth paragraph. The essence of these rules is that the increased age limit should not result in increased accrual time for deferred gross pension. The pension is thus calculated as if the age limits had not been increased. 

Amending act

The amending act isavailable here, and the Act on Entry into Force is available here.