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It is worth knowing the rights of the employee. The foreigner won in the Court of Appeal.

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Working in Norway is seen as an opportunity for anyone who comes here for work. Wages are higher, and Norwegian employers themselves are seen as honest. It turns out, however, that it is also worth knowing your employee rights in the Fjords Country, as one of the foreigners, assisted by Larysa Kaliuta, a lawyer, found out.

For four years above the norm

This man came to Norway 4 years ago near Drammen. He found employment in a well-known company dealing in import and wholesale of vegetables and fruit. He was offered attractive employment conditions to which he agreed. An employment contract was signed for 37,5 hours a week for 20 thousand. CZK per month, which gave an hourly rate of 133 CZK. In fact, the employee was forced to work 60 hours a week, respecting the monthly salary specified in the contract.

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Worker's rights - he didn't know them

The employer took advantage of the fact that the new employee did not know the employee's rights. Like everyone else employed at this company. Therefore, the working hours significantly exceeded the permissible norms, and the monthly rate of PLN 20. NOK is well below the minimum hourly wage in the horticultural and agricultural industries, which we have already written about on the pages of our portal.

The District Court agreed with the employer

The employee finally began to demand his rights - first in discussions with the employer. As a result, he was disciplinary dismissed, what is more - on the basis of applicable law. The employer cooperates with an attorney who made sure that all the documentation related to the termination of the employment contract was prepared correctly.

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The case was finally brought to court. In the first instance, the District Court agreed with the employer. As it turned out, two facts influenced such a judgment, but these were not the rights of the employee - first of all, the seconded judge to adjudicate in this case was young and inexperienced. Second, the owners of the company are famous entrepreneurs in and around Drammen. The employee, with the support of his lawyer, lost in the first instance by 100%.

The case was brought to the Court of Appeal

At the instigation of Larysa Kaliuta, the employee decided to appeal against the judgment of the first instance. It was quite risky as he was in danger of losing his flat. For this reason, he wanted to give up litigation for his rights while waiting for the decision of the Court of Appeal. This fell on August 24 and was already beneficial for the victim. Interestingly, in the judgment you can read, for example, that the employer provided incorrect information to the District Court.

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It's worth fighting for your rights

The conclusion of this particular case should be that it is not worth giving up in the fight for your employee's rights. Even in a situation where the court of first instance does not agree with us. However, the best solution is to familiarize yourself with the labor law in order to prevent being used by your employer. Norwegian regulations are favorable for employees, but the condition is that you must know them. This will allow us to avoid a long and exhausting fight in the courts.

Contact with Larysa Kaliuta: [email protected]

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