The employment relationship is terminated by submitting written notice. This situation affects both the employer and the employee.
There are specific rules on how notice is to be given – for both the employee and the employer. The exception are fixed-term contracts, such as replacement contracts, as the employment relationship does not expire spontaneously.
The provisions of the Working Conditions Act cover most enterprises and employees.
Advice for employers
- If you are in doubt as to whether you have good cause for dismissal, consult a lawyer or employers' association.
- Remember that before you decide to dismiss an employee, you must discuss this issue with him.
- Pay particular attention to the formal requirements contained in the notice of termination.
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When can an employee be dismissed?
A lawful dismissal must be substantively justified. Here are some examples of actual reasons:
- Serious breaches of the employment contract.
- Reduction or restructuring necessary.
Special protection against dismissal
Illness is not a basis for sick leave in the first year of the employee's sick leave.
If an employee is sick for more than a year, the usual rules regarding the actual grounds for dismissal apply. Illness may then, in special circumstances, constitute an actual reason for dismissal. In this case, the employer must document that adaptation, relocation and other options have been considered.
If it is not certain whether the employee will be able to return to work, the employer is obliged to justify the dismissal by stating that it is necessary for the proper functioning of the enterprise.
Pregnancy or parental leave in the first year of the child's life is also not a valid reason for dismissal.
It is still possible to dismiss an employee when they are in their first year of sick leave, are pregnant or are on parental leave, if the employer has a valid reason for doing so. An example is the necessary job reduction.
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Advice for employees
- If you have doubts about the validity of the dismissal, you can request a written justification.
- Check whether you have observed your due notice period.
- Remember that your employer cannot force you to leave on your own.
How should dismissal be handled?
From the employer's side
If you are in doubt as to whether you have good cause for dismissal, consult a lawyer or employers' association. Remember that before you decide to dismiss, you must discuss this issue with the employee. The employer's notice of termination must be delivered to the employee in person or sent by registered mail. Such notice must always be in writing. The termination becomes effective upon receipt by the other party.
The notice of termination must include information about the termination
- the right to request negotiations and file a lawsuit
- what deadlines apply to negotiations and court proceedings
- against whom a possible lawsuit should be brought
- the right to continue working in this position until the negotiations or court cases are concluded.
If the dismissal is due to a reduction in employment or other circumstances in the company, information about the preferential right to new employment should also be provided.
The employee may also request written information about the reason for dismissal.
From the employee's side
In the event of an employee's resignation, there are no specific formal requirements, except that the resignation must be in writing.
We still recommend that the notice of termination be delivered in person or sent by registered mail to avoid doubts and misunderstandings as to whether the employee actually resigned and, if applicable, when the termination occurred.
Negotiations
The employee may request negotiations with the employer. This request must be made in writing within two weeks. The deadline begins when the employee receives written notice of termination of the employment contract.
The employer is obliged to ensure that the negotiation meeting takes place as soon as possible, but no later than within two weeks of receiving the request.
Both the employee and the employer have the right to have an advisor with them during negotiations. For example, a lawyer or shop steward.
Negotiations must be completed within two weeks. A protocol must be drawn up and signed by the parties and their advisers.
Lawsuit
If an agreement cannot be reached through negotiations, the employee may file a lawsuit.
Lawsuits must be filed within eight weeks of the conclusion of negotiations. If no negotiations took place, the deadline is counted from the date of receipt of the notice.
If the notice is not given in writing, there is no legal deadline. The same applies to situations where the notice does not meet the formal requirements. If legal action is taken within four months in such cases, the notice of termination is usually considered null and void.
If the employee only seeks compensation and not reinstatement, the statutory deadline is six months from the date of dismissal.
The right to remain in one's position
As long as negotiations or lawsuits are ongoing, the employee can usually continue working in the job unless the court decides otherwise.
You can read more about disputes regarding working conditions in Chapter 17 of the Working Environment Act .
Period of notice
The notice period is related to the employee's length of service and age. The rules regarding the notice period also apply to temporary workers when the employment relationship ends before the end of the contract. These deadlines apply unless longer notice periods have been agreed in writing.
| UNDER 50 YEARS OLD | 50-54 YEARS OLD | 55–59 YEARS OLD | OVER 60 YEARS | |
|---|---|---|---|---|
| Employed for less than 5 years | 1 miesiąc | 1 miesiąc | 1 miesiąc | 1 miesiąc |
| Employed for more than 5 years | 2 miesiące | 2 miesiące | 2 miesiące | 2 miesiące |
| Employed for over 10 years | 3 miesiące | 4 miesiące* | 5 months* | 6 months* |
* In the event of termination of the employment relationship by the employee, the notice period may not exceed 3 months, unless longer notice periods have been agreed in writing.
Typically, the notice period is counted from the first day of the month following the notice. If, for example, the employer or employee receives notice of termination on March 15, the notice period runs from April 1.
Please note that a notice period of less than one month is only allowed if a collective agreement or written trial period allows it.
If an employee is employed for a trial period, a 14-day mutual notice period applies unless otherwise agreed in writing or in a collective agreement. During the trial period, the notice period is counted from the date of its receipt by the other party.
Suspension from work
If the employer has reason to believe that the employee has committed acts that could result in dismissal, the employee may be suspended from work until the matter is investigated.
During the suspension period, the employee retains his or her normal salary.
Dismissal – notice effective as of today
The employer has the right to dismiss an employee on the day on which he or she committed a gross breach of official duties or another significant breach of the employment contract. The employee is not entitled to remain in his/her position while the case is being considered, unless the court so decides. Otherwise, the same rules apply as in the case of ordinary termination of the contract.
Certificate
If an employee works beyond the agreed/statutory notice period, he or she is entitled to written confirmation. The certificate must include at least information about the employee's name and date of birth, what the work involved and how long the employment relationship lasted.
What can the Norwegian Labor Inspectorate do?
The Norwegian Labor Inspectorate can only issue general guidelines regarding the provisions of the Act, but has no authority to intervene in matters relating to dismissal.
If a conflict or misunderstanding arises, you should seek legal assistance, preferably through an organization you are affiliated with.
The Norwegian Labor Inspectorate can provide general guidance on the regulations, but has no authority to decide whether dismissal is actually justified.
If the employer and employee disagree on the actual justification for dismissal, only a court can make the final decision.
The Norwegian Labor Inspectorate may order the employer to issue a certificate in accordance with the minimum requirements set out in law. The minimum requirements are the employee's name, date of birth, job scope and duration. If there is disagreement as to whether an employment relationship has been established, or more precisely as to the specific content of the certificate, the Norwegian Labor Inspectorate cannot help. You should seek legal advice.
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Source: Norwegian Labor Inspectorate
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