Remuneration request. Employer in Norway does not want to pay? This can happen to any employee working in a Norwegian company. The steps you need to take to recover your debts vary depending on your circumstances. The employer is obliged to pay for the work performed, as required by the Norwegian Labor Code (norw. arbeidsmiljoloven).
An employer in Norway does not want to pay
When you work for your employer, you may find yourself not receiving your salary or vacation on time. This can happen as a result of a misunderstanding or technical error. However, sometimes there is a situation where an employer in Norway does not want to pay or is unable to do so. It is worth being aware of what needs to be done to recover your debts.
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First steps
In the first place, it is necessary to find out why the remuneration was not received on the agreed date. Therefore, the first thing you should do is make an attempt to contact your employer. The Arbeidstillsynet recommends emphasizing that you will claim your rights in the district court or with the help of forliksrådetthat is, a conciliation committee. If the attempted settlement does not bring the desired result, further steps depend on the intentions of the employer.
An employer in Norway does not want to pay
If your employer in Norway pays wages or holiday pay, you should start by sending a registered letter stating your claims. The withdrawal request should be for a short period of time, usually one week. You must also communicate any further steps you will take if the employer still fails to fulfill its obligations.
Remuneration request. Settlement, judgment or court case
If the request for payment does not have the desired effect, you should bring the matter before forliksrådet, i.e. the conciliation commission in the municipality of the employer's seat. This authority is helpful in submitting the complaint. He will then call both you and your employer to a conciliation hearing. It may end with a settlement, a commission ruling or referral to a higher court instance.
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If the case is referred to a higher court instance, it is worth asking a lawyer whether there is a basis for bringing an action. However, in the case of a settlement or judgment forliksrådet the employer continues to evade his obligations, you have the right to refer the case to a bailiff who will undertake the enforcement of the debt.
The employer is unable to pay
If an employer in Norway does not want to pay because of his financial situation, you have the right to start bankruptcy proceedings against the company. After opening this procedure, you are entitled to submit an application to the Wage Guarantee Fund (norw. Lønnsgarntifondet) managed by NAV.
Remuneration Guarantee Fund - conditions
When a case is brought to the Remuneration Guarantee Fund, the binding deadlines are valid. Therefore, it is not worth delaying the decision to start bankruptcy proceedings. By passively waiting for someone else to request it, you run the risk of your claims becoming time-barred. It is worth knowing that the costs resulting from the initiation of the procedure (including attorney's fees, stamp duties, etc.) may be covered from the resources of the Remuneration Guarantee Fund.
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The most convenient way to initiate this administrative procedure is when your employer admits insolvency and will apply to the district court with you to start bankruptcy proceedings. It may also happen that the employer does not admit to being insolvent. Then you can try to do it yourself, but to do so, you need to take the following steps:
- send a reminder and request for payment,
- if the employer still does not pay - send a warning about your intention to open bankruptcy proceedings,
- if the employer still does not pay - file a petition for bankruptcy,
- at the same time, submit an application to the Remuneration Guarantee Fund.
Remuneration notice. Warning about the intention to open bankruptcy proceedings
Wait four weeks after sending the first reminder and payment notice. After this time, a bankruptcy alert must be sent out and served by a government official. You should include the following in the text of the alert itself:
- reference to the reminder sent (including the amount due to you, the type of claim and the period to which it relates),
- time for the final settlement of the amounts due to you - as a rule two weeks,
- use the phrase that: "in the event of failure to pay the amount due within the specified period, an application for opening bankruptcy proceedings will be submitted",
- at the end, the following phrase should be added: "in the event of failure to pay the amount due after prior service of a warning about the intention to start bankruptcy proceedings - in accordance with § 63 competitionloven (ie the Bankruptcy Act) - the reason for this is the debtor's insolvency, which allows for the opening of bankruptcy proceedings ”.
The inclusion of the above elements is necessary from a legal point of view. A warning not containing the above content is considered void from a legal point of view.
Delivery of a warning
If your employer in Norway does not pay and you want to recover your debts, it is important that the warning about the intention to open bankruptcy proceedings is delivered by a government official. You send such a letter in duplicate to the official who is responsible for serving lawsuits in the municipality of the employer's seat. There is a separate office in the cities. Regardless of the administrative unit, the clerk or the commanding officer shall deliver the letter together with the acknowledgment of receipt. The cost of this service is NOK 430 from 01.01.2009/XNUMX/XNUMX.
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Application for opening bankruptcy proceedings
If a situation in which an employer in Norway does not want to pay persists despite receiving a warning, you can apply to the district court to open bankruptcy proceedings. Such a request must be sent in five copies and may not be received by the court later than two weeks after the deadline for payment of wages in the alert sent. Such a document should contain the following elements:
- names and surnames of both yours and the defendant's names,
- employer's tax identification number,
- the basis for initiating bankruptcy proceedings - this is the amount owed by your employer,
- the period in arrears,
- a wording in which you request the opening of bankruptcy proceedings against the defendant,
- documents proving that you are or were an employee. You should additionally attach the following copies: an extract from the register of business entities, a letter with a reminder, a warning about the intention to open bankruptcy proceedings,
- Your signature.
You send such an application to the district court in the municipality in which the employer has its seat (if it is a company) or to the employer's municipality of residence (if it is a natural person running a business). The correct address can be found in the Brønnøysund Business Register. When contacting, it is worth applying for an excerpt from this register - the cost of such a document is 150 NOK.
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Relief from costs
When applying for the initiation of bankruptcy proceedings, submit an application for exemption from administrative costs at the same time. You can also attach a form Lonnsgaranti (so called blanket A). Such a document will provide the court with much necessary information to determine whether you are entitled to exemption or not. While this application is being examined, the court will ask you to appear in court to testify about the claim.
Case in the Remuneration Guarantee Fund
You can only submit an application to the Remuneration Guarantee Fund after opening bankruptcy proceedings. However, it may turn out that your claims prove to be time-barred. If you adhered to any of the above-mentioned course of proceedings, you can still recover your receivables. As a rule, however, it is worth starting activities aimed at paying the remuneration you are entitled to as soon as possible. The process of the execution can be complicated, therefore it is worth using the services of an attorney. You don't have to worry about costs - they can be covered from the resources of the Remuneration Guarantee Fund.
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Remuneration request. An employer in Norway does not want to pay
As you can see, if an employer in Norway does not want to pay, nothing is lost. There are ways to recover your debts - but it's worth starting as soon as possible. There are two ways to proceed in these cases - referring the matter to a conciliation board or starting bankruptcy proceedings. It is worth being aware that these privileges are available not only in the context of remuneration, but also arrears resulting from holiday benefits. It is worth sticking to the procedures mentioned above - only this way of action will bring the best results.
