What are the rules for terminating employment contracts in Norway?

An employer may fire an employee if he has a compelling reason to do so. A valid reason for dismissal must relate to the employee or the employer’s / company situation. The reason for the dismissal of an employee may also be a breach of the provisions of the employment contract, reduction of jobs or retraining of the employer / enterprise.

The notice of termination must be made in writing, irrespective of whether the termination is from the employee or the employer. The notice of termination by the employer must be delivered in writing in person or sent by registered mail. The employee may require written notice of the reason for termination. The notice of termination should include information about the employee’s right to negotiate, the right to bring a case to court, and the right to remain in the position at the time of the negotiations. If you want to negotiate your termination notice, you must report it within 14 days of receiving the termination notice. In this case, you should seek the help of a solicitor or trade unions. These types of cases are settled by the court in Norway. If nothing else has been agreed, the notice period is one month. The notice period is counted from the first day of the month following receipt of the notice. In addition, the law contains additional rules that cannot be deviated from. Depending on the age of the employee and the period of employment, they provide for a notice period from 14 days to 6 months. If an employee is partially or completely absent from work because of sickness, he cannot be dismissed for that reason during the first 12 months. If your employer cannot prove that the termination is not due to illness, the termination will be invalid.

After one year of sick leave, illness may be a valid reason for dismissal, but a case-by-case examination is required.

A woman cannot justify her dismissal on the basis of her pregnancy. If the employer cannot prove that the termination is not due to pregnancy, the termination is invalid. An employee who is on leave related to pregnancy, childbirth, care before and after childbirth and in the first year of maternity leave may not be dismissed during the period of absence, if the employer knows the reason for the absence. If the employer has a valid reason for dismissal, the notice period is counted after the end of the leave period. The same is true for adoption.

A collective dismissal is understood as the dismissal of at least 10 employees within 30 days for reasons not related to the employees. An employer that is considering collective redundancies has a duty to discuss with union representatives to agree on a solution to avoid or reduce the number of redundancies.

The employer may terminate the employment contract with immediate effect if the employee has seriously violated his work duties or has seriously violated the employment contract. This means that the employee is not subject to a notice period and loses the right to remuneration from the date of dismissal. The employee is not entitled to remain in his / her position at the time of the dispute, unless the court decides to do so in a court decision.     

  Source : https://www.pip.gov.pl/pl/f/v/104848/nowicjusz%20w%20norwegii%202012.pdf

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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