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Ignorance of the law does not exempt you from obeying it, according to an old Roman proverb. Many people have managed to find out how much truth there is in these words. For the Polish diaspora living in Norway, the overly complicated language of the regulations is a barrier that stands in the way of understanding the applicable law. Larysa Kaliuta - a Polish-speaking lawyer from Bulut & CO. She was a guest on our air last Sunday and we had the opportunity to talk, among others, on labor law, matters related to NAV and to raise the issue of compensation for permanent health impairment.
Poles do not know labor law
As Larysa Kaliuta pointed out, Poles in Norway do not know exactly what employee privileges they are entitled to. For this reason, they do not know at what point the employer starts breaking the labor law, and even if they suspect something, they are not able to effectively defend themselves against it. Meanwhile, as our Sunday guest claims, the labor law in Norway is extremely strict. The employer must have a really well-documented reason to dismiss someone from their position.
Most problems in the construction industry
Legal practice shows that the construction industry causes the most problems. The most common offenses include: no payment for overtime, no payment of an equivalent for unused vacation leave, etc. Often these are considerable amounts, oscillating between PLN 20. up to 100 Norwegian kroner. It is worth mentioning that some of these employers decide to terminate their cooperation overnight, which is contrary to the applicable law.
Faced with such problems, Polish workers are afraid to take any legal steps. This is due to the fact that foreigners are afraid of losing their jobs or going to court. A language barrier and the fear of running into financial problems usually stand in the way. Before taking the appropriate steps, it is worth discussing this issue with a lawyer - preferably Polish-speaking, to make sure that all intricacies are understood. Our guest - Larysa Kaliuta - declares that she will always find time to help. However, if the case concerns the issue of dismissal, the employee is entitled to free legal assistance in 80% or even 90% of cases.
Good practices
As Larysa Kaliuta, a Polish-speaking lawyer in Norway, emphasizes, it is good practice not to sign an employment notice if the employee does not agree with the allegations and reasons for dismissal presented by the employer. It is also worth trying to reach a settlement or using court mediation. It is recommended to treat the case for consideration by a court as a last resort. Larysa Kalita's legal practice shows that it is more profitable to slightly reduce your claims against employers than to decide for the court to consider this case. The verdict may be far from expected, but it is final.
NAV - institution's obligations towards a foreigner
There are several points that need to be addressed in relation to NAV. The first is the right to an interpreter, which every foreigner is entitled to when dealing with this institution. It is enough to report such a need in Norwegian or English. Officials must provide an interpreter who makes the information understandable.
Assistance with the application
It is worth knowing that NAV is also obliged to provide assistance in drawing up applications and completing documentation. There is no need for such matters to be referred to a lawyer. It is enough to report to this institution that there is a problem with the correct completion of the documents, and officials are obliged to provide such help. It does not matter what case it concerns. If officials refuse to provide this assistance, a complaint should be made about non-performance.
When to the lawyer?
It should be emphasized that it is best to go to a lawyer with a specific problem or decision. The law firm will help you prepare an appeal against a specific decision, as well as help you complete the necessary attachments. It will also advise you on what steps to take to speed up receiving social assistance, and what to do to make the actions taken as effective as possible. As the experience of Larysa Kaliuta shows, the effectiveness of written appeals in Norway in cases related to NAV fluctuates at the level of 70-75%.
Read on to keep in mind when writing an appeal against NAV's decision.
What should I remember when writing an appeal?
The basis for an effective appeal is properly completed documentation. Each argument must be supported by the attached evidence. If the proceedings concern matters of compensation from for loss of health in an accident at work, then such a document is, among others, medical history printout.
Please note that NAV's appeals process takes up to 4 months. People often find themselves destitute during this time. At the same time, it is not recommended to try to put pressure on this institution in order to speed up the issuance of a decision. Such actions may backfire.
However, there is a way to get social benefits faster. In order for such an opportunity to arise, it is worth submitting the appeal itself and the second application for assistance with the attached appeal. Then the case will be conducted in two ways, and the examination of applications takes a maximum of 2-3 weeks, which is much shorter than the procedure of examining only appeals.
When is free legal aid available?
It is worth knowing that if a person has a low income, he or she is entitled to free legal aid. However, the state has the right to abolish this privilege when it considers that the income of a specific person is high and is able to pay for the services of a lawyer on its own.
Find out more about free legal aid in Norway.
Compensation for permanent health impairment
According to Larysa Kaliuta, compensation for permanent health impairment may be paid in the event of a certificate of disability in more than 15%. However, this procedure is long and requires keeping the applicable deadlines on the one hand, and showing due care for completing documents on the other.
How to proceed after an accident at work? Find out more.
How does it look in practice?
It is worth knowing that the road to obtain compensation may take up to 5 years. In the first place, an employee who has suffered an accident at work is on sick leave. It can be issued for a maximum of one year. After this period, there is either a return to work or a transition to a rehabilitation allowance, if the inability to perform the duties has been established. The assessment of the degree of invalidity is made only at the end of the convalescence period, when the state of health has stabilized. It may take up to 4 years.
What deadlines apply?
You should remember about the two applicable deadlines, failure to meet them prevents you from obtaining compensation. First of all, a maximum of one year after the accident should be reported to NAV. The employee has 3 years to report an accident to the employer's insurance company. It is worth remembering that the sooner the formalities are completed, the greater the chance of obtaining compensation. As a rule, the later appropriate steps are taken to establish it, the smaller the chance that the issued decision will be positive.
How much is the rehabilitation allowance?
The rehabilitation allowance is approx. 37% lower than the sickness benefit. However, the injured party has the right to apply for compensation, which is paid by the employer's insurance company. The amounts depend both on the period in which the rehabilitation allowance was paid and the amount of income earned before the accident.
. We invite you to the next broadcasts
Our last broadcast was the first in a series devoted to unraveling the intricacies of Norwegian law. Larysa Kaliuta will provide legal advice on our air once a month. We hope you will find it helpful in solving many of your problems. Write to us about what you would like to hear. If you have any questions or problems to be dealt with by a Polish-speaking lawyer with Norwegian education.
