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Compensation for unfair dismissal

Have you been dismissed by your employer? If the dismissal is unfair, you are entitled to compensation. An employee cannot be dismissed unless it is objectively justified by the circumstances of the company, the employer or the employee.

The requirement for objectivity means that the dismissal must not be based on extraneous or improper considerations. In addition, the circumstances invoked as grounds for dismissal must be sufficiently weighty to justify dismissal. The factual basis for the dismissal must also be correct. The employer has the burden of proof in dismissal cases, which means that the employer must prove that the dismissal is objective.

Do you suspect that your employer has no objective basis for the dismissal and want to claim compensation? We at Insa advokater can help you with this process.

The legal system is such that you as an employee can claim compensation if the dismissal is unfair. The compensation is set at the amount that the court finds reasonable, taking into account the financial loss, the employer's and employee's circumstances and the circumstances in general.

Normally, you will be entitled to compensation for the financial loss you suffer until the judgment is delivered. In the assessment of compensation, it may also be considered whether you have a future financial loss as a result of the uncertainty of finding new work. You may also be entitled to compensation for non-economic loss if the employer has not followed the procedural rules in the law, for example if you were not invited to a discussion meeting before you were dismissed. Remember that you are also entitled to written notice of termination.

ATTENTION: According to the Working Environment Act, there are different time limits for legal action, depending on what you as an employee are claiming. For compensation due to unfair dismissal, the deadline for legal action is six months from the date of dismissal.

Are you unsure of your rights after being dismissed? Do you want compensation without taking the case to court? We at Insa advokater can help you in negotiations with your employer. Contact us for an informal conversation here.

Islamic finance - Part 1: Basic Principles

Islamic finance is part of a larger financial sector known internationally as "Islamic finance". This financial sector mainly offers financial products within the banking, finance and insurance industries, and the products offered within these industries strive to be in line with Islamic principles.

The distinctive feature of Islamic finance is that its main purpose is to comply with the Islamic prohibition against paying and charging interest in financial transactions, and that the other elements of any transaction comply with Islamic rules, better known as "Sharia".

Particularly in connection with the financial crisis in 2008-2009, there has been an increase in awareness of the Islamic financial sector, and Islamic finance is on the rise in the major financial centers around the world, including Indonesia, Malaysia, Singapore, the Middle East, the UK, France and the USA. Islamic financial institutions are also likely to establish themselves in Norway. Housing finance is the field where the need for Islamic finance is likely to be most prominent once it is offered on a commercial basis in Norway.

Insa advokater has several articles on Islamic finance. This article deals with the basic principles of Islamic finance.

Basic principles of Islamic finance

Islamic law is often referred to collectively as sharia. The word sharia comes from the Arabic word for "way". The idea is that sharia sets out the path that people should follow. This is reflected in the fact that sharia regulates every aspect of life: faith, worship, behavior, hygiene, family life, inheritance, criminal law, trade, economics, etc.

Islamic finance is based on principles expressed in the Islamic legal sources, the Koran and the hadiths. The Koran is considered by Muslims to be God's direct speech to mankind, and is the primary source of Islamic law. This is followed by the Sunnah of the Prophet Muhammad (pbuh). By sunnah is meant what the Prophet did, said or omitted. Writings of the sunnah are called hadith. The following is an overview of the basic principles of Islamic finance.

Intention behind money loans

When lending money, sharia prescribes that one must make up one's mind whether the money is lent to help the borrower or whether it is done to share in the other person's profits. If a loan is made to help the borrower, the Shariah does not allow one to claim back more than the amount lent. This is related to the prohibition on interest, which is discussed below. If the loan is granted to share in the borrower's profit, the lender must also share in any loss.

Ban on interest - Riba

Riba means interest. It is forbidden to pay or receive interest in Islam. The prohibition on interest applies to both the payment and receipt of interest, as well as any other obligation that has an element of interest in it. The prohibition of interest is one of the clearest prohibitions in Sharia, and is enshrined in several verses of the Quran. Riba includes any consideration given in return for the right to dispose of capital, and not only monetary benefits, but also benefits in kind. The Shariah imposes a total prohibition on agreeing such remuneration. Even if there is a delay on the part of the debtor, the creditor's monetary claim cannot be increased on the basis of default interest considerations.

Islam does not consider money to be a commodity or service that one can be paid to lend. It is only considered to be a means of exchanging goods and services. Therefore, one cannot charge for the sale of money. One krone cannot be exchanged or sold for an amount of money other than one krone. However, it is permitted to exchange money in other currencies based on fluctuating exchange rates. The economic consequence of the interest rate ban is that it operates according to a nominalist principle.

Ban on gambling - Maysir

Maysir means gambling or gambling. The prohibition of gambling, like the prohibition of interest, is enshrined in several verses of the Koran. Gambling and gambling means any wagering of money based on an uncertain outcome, with the possibility of losing the amount wagered and with the intention of being rewarded more than the amount originally wagered.

Prohibition of uncertainty in contractual relationships - Gharar

Gharar means uncertainty and establishes a prohibition against agreeing on uncertain elements in contractual relationships. The word gharar is not mentioned in the Quran, but there are several hadiths that deal with gharar and support a prohibition on agreements where gharar is included in the agreement. For example, in one hadith the Prophet Mohammad (pbuh) forbade the sale of grapes until they were dark (ripe) and the sale of grain until they were ready for harvest, and in another he forbade the purchase of fish from the sea.

From these and other hadiths, Muslim scholars have deduced that gharar, uncertainty in contractual relationships, can as a starting point be defined as contracts where there is uncertainty with regard to the subject matter of the contract, delivery time, the existence of the performance, ignorance of the characteristics of the performance, the quantity of the performance or that the performance has not yet come within the party's sphere of control. Sharia requires that there must be certainty about the key elements of the transaction at the time the contract is entered into.

Sharia also does not permit agreements on sale where the performance of the debtor and creditor is to be exchanged in the future, even if the time of delivery, the characteristics of the goods sold, the quantity, the price and the subject matter of the sale are clear. Whether the asset sold will still exist at the agreed time of delivery is beyond the control of the parties, and Sharia considers this to be an uncertainty.

Sales where payment is made in advance, but delivery is not made until later, are nevertheless permitted for manufacturing purchases. The product salam under Islamic financing follows this exception in that borrowers engaged in manufacturing activities can increase their liquidity by receiving advance payment for goods. The repayment to the financial institutions consists of the borrower delivering finished products to the lender, who then sells the products on the market.

Gharar is also included as an element in the above-mentioned example of conventional insurance. The future event that may trigger liability for the insurer is uncertain and is thus considered to be gharar.

Prohibition to condition one transaction on another

Sharia prohibits making two or more transactions conditional on each other. The reason for this is that conditional transactions create doubt and disruption (gharar) in contractual relationships. For example, it is not permitted for a lessor of an asset to enter into a lease agreement on the condition that the lessee will purchase the asset at the end of the lease term. The idea is that each transaction must stand on its own, independent of other transactions.

The prohibition of unjust enrichment and exploitation, the prohibition of interest and the nominalist principle in Sharia law mean that interest cannot be charged on late payments in the event of default. Claims for compensation for late payment are considered unjust enrichment at the expense of the defaulting party. The reason for this is both the prohibition of interest and the fact that it follows from Quran 2:280 that the debtor should be granted a postponement if he is in a difficult situation. However, Sharia allows a default in payment to be met with a claim for damages if the default is due to the debtor's fault. In order to put pressure on the debtor to pay, the solution in Islamic financing is that when the loan agreement is entered into, it is also agreed that a fee will be paid to the creditor in the event of default on the loan agreement, which the creditor will donate to charity. The fee can be set as a percentage of the amount owed for each day of default or as a predetermined sum.

Prohibition of unethical investments

Sharia does not allow investments in companies that are involved in actions that are illegal or unethical according to Sharia. It is not permitted under Islamic finance to invest in, for example, alcohol, pork, pornography, gambling, nightclubs, conventional banks and financial institutions (which base their operations on interest income), weapons, tobacco, etc.

Risk distribution

Under Islamic financing, risk distribution is one of the basic prerequisites for being able to offer financing in line with Islam. Common to the products offered under Islamic financing is that the financial institutions bear part of the risk for a limited or unlimited period of time for the purpose for which financing is sought. The entire risk cannot be unconditionally passed on to the client. This would be contrary to the purpose of Islamic financing. In commercial Islamic housing finance, the financing company assumes the risk of the existence of the building, but it is also possible to allocate the risk of fluctuations in value.

Removal of illegal terms

The effect of contracting a term that is not permitted according to the Sharia criteria is that the term is considered null and void. In some cases, the effect of agreeing unlawful terms may be that the entire contract lapses, in other cases it is only the term that is considered a nullity.

However, the validity of a transaction under Islamic norms will be judged autonomously regardless of the legal status of the transaction under national law. For example, even if it is permitted under Norwegian law to agree on several interdependent transactions in one contract, this will not be permitted under Sharia law. A Sharia panel presented with this issue will therefore reject such a transaction.

If a Norwegian Islamic financial institution's sharia panel were to reject a transaction and declare it to be contrary to sharia, this would not in principle prevent a Norwegian court from ruling that the transaction is valid under Norwegian law. In addition to a request not to act contrary to Sharia, the solution in Sharia in such cases is that the party who has acted against the norms of Sharia must ask for forgiveness from God for their sin.

Islamic financing - Part 2: Musharaka

In this article, we will highlight one of the products in Islamic finance, Musharaka. In a previous article, we have explained the basic principles of Islamic finance. The article can be read here.

Musharaka is one of the most important products used as an alternative to interest-based financing in Islamic finance. The word musharaka comes from the Arabic word shirkah which means to share or to be a partner. According to Islamic law, the parties in musharaka must share both profits and any losses arising from the investment, which may be a house, a commercial building or a company.

Musharaka is an investment partnership that consists of a partnership between two or more investors. The terms for sharing profits and losses are clarified in advance between the parties. The Musharaka partnership can be compared to investors who will be allocated a profit if the investment makes a profit, and correspondingly will lose if the investment does not produce the desired result.

The following presentation will focus on the relationship between a lender, such as a financial institution, and a borrower, referred to as the "client". The terms "the parties" and "the investors" will be used to refer to both the lender and the borrower.

Conditions for musharaka to be created


The following conditions must exist for a musharaka collaboration to be established:


  • The contract must specify profit sharing: The contract must specify the fraction or percentage to be used in the distribution of profits between the parties to the musharaka relationship. The profit-sharing agreement cannot be a fixed amount or a certain percentage of the investor's contributed capital.
  • Designated and specified capital: The Musharaka agreement must specify how much capital the collaboration involves and in what currency.
  • Loss distribution: If the investment makes a loss, the loss shall be distributed proportionately in accordance with the parties' share of the total capital invested. Any condition that contravenes the principle of loss sharing will result in the contract becoming null and void.

Example of financing based on musharaka
Financing when starting a business

The financial institution and the client enter into an agreement on the financing of the enterprise for which the client needs capital. It is agreed how large a share of the profit each of the parties will be entitled to.

Where the financial institution is only to contribute as a capital contributor, and not to provide the company with input beyond the capital, Sharia law does not allow the financial institution to demand a higher share of the profit than its share of the contributed capital would indicate. If the financial institution contributes 50% of the paid-in capital, the institution cannot take more than 50% of any profit from the company.

Financial institutions will normally only take economic rights and not get involved in the company's organizational matters.

If the company makes a loss, the loss will be distributed pro rata between the parties, according to each party's share of the paid-in capital. If the financial institution has contributed 70% of the capital, 70% of the loss must therefore be borne by the financial institution itself, while the remaining 30% must be borne by the other investor (borrower).

Does anyone owe you money?

Does someone owe you money? Then you have a monetary claim against them. You are entitled to payment. The person who owes money is called a debtor, and the person who is entitled to the money is called a creditor. Both the creditor and the debtor can be both natural and legal persons.

 

There can be many different reasons why someone owes you money. To put it another way: a monetary claim can have different grounds. The most common is that you have entered into an agreement for the purchase and sale of goods and services. The seller of a sofa is entitled to payment for the sofa in accordance with the agreement. This is a typical consideration claim where you are entitled to payment for a consideration. Another example of a typical monetary claim is a loan agreement. Anyone who has borrowed money from someone else has a loan debt. This means that the person in question has an obligation to repay the loan to the lender. Another example is tax claims and other public claims or fees.

 

Does someone owe you money but refuses to pay? Then you may need to pursue your claim through the courts. This is a process that we at Insa advokater can help you with.

 

Remember that a monetary claim may be time-barred. This means that you must demand payment within a certain period of time in order to keep your claim. If you demand payment too late, you lose the opportunity to collect the money. The general rule is that a monetary claim is time-barred after 3 years. This means that you must send a demand for payment to the debtor no later than 3 years after the monetary claim arose. Are you unsure whether your claim is time-barred? Call Insa and we will help you.

Emergency placement of your children after an emergency decision

Have your children been placed in emergency care by child protection services?

Pursuant to Section 4-2 of the Child Welfare Act, the child welfare service may make an emergency decision and place the children in an emergency placement outside the home. The condition is that there must be an acute risk that the children will suffer significant harm if the decision is not implemented immediately. The wording of the provision sets a high threshold, and emergency decisions can only be made in the most serious cases. For example, suspicion of violence against the children or substance-abusing parents may lead to emergency placement. We have also found that the CPS makes emergency placements if the parents have mental and/or physical health problems.

Procedure and appeal against an emergency decision  

After the CPS has issued an emergency decision, the decision must be approved by the Child Welfare and Health Board (formerly called the "County Board for Child Welfare and Social Affairs"). However, the CPS implements the emergency decision immediately and by force. Often, parents are not informed of the emergency decision until after the children have been placed in an emergency placement. The parents are therefore not given the opportunity to comment on the case until after the children have been moved.

After the Child Protection and Health Board (the Board) has approved the emergency decision, the decision can be appealed to the Board. The Board will hold a small hearing administered by a chairperson of the Board. During the hearing, the parents and the CPS will have the opportunity to present their side of the case and to provide any necessary evidence. The Board must hear the appeal and make a decision within one week of the appeal being lodged.

An emergency decision is valid only as long as the situation is acute. Furthermore, the CPS cannot maintain an emergency decision if less intrusive measures can alleviate the acute situation. For example, if the CPS has concerns about substance abuse, regular drug testing may remove or reduce the concern to an acceptable level. In this case, emergency placement will no longer be proportionate or necessary, and the emergency decision must then be revoked.

If the Board finds in favor of the parents, the child welfare authorities must return the children immediately. If the parents are unsuccessful, the Board's decision can be appealed to the District Court.

Legal assistance

You are entitled to free legal aid without means testing when the child welfare authorities make emergency decisions and place your children in emergency care. All legal assistance is free of charge and it is therefore important to contact a lawyer immediately. The lawyer will be able to give advice, contact the CPS to establish a dialog, obtain the case documents, as well as appeal the emergency decision and assist the parents through the entire appeal process.

In conclusion

An emergency placement of children is very invasive, dramatic and traumatizing for both parents and children. It is therefore natural for strong emotions to be stirred up, but our recommendation is to try to remain calm as far as possible. Be very careful what you say to the CPS in this first period after an emergency placement, as the CPS will document everything you say and do. Often there are unfortunate misunderstandings that follow the further course of the case. Therefore, hire a lawyer as soon as possible and leave the communication to them.

Our lawyers at Insa advokater have extensive experience in child protection cases and can assist you in your case. Get in touch with us here. 

Have you been the victim of a criminal offence and would like the help of a legal aid lawyer?

You have the right to be assisted by a legal aid lawyer if you have been the victim of a criminal offense.

What can a legal aid lawyer do for you?

The task of a legal aid lawyer is to safeguard the interests of the victim and the bereaved in connection with the investigation and trial. In addition, the legal aid lawyer must provide other help and support that is natural and reasonable in connection with the case.

You can contact a legal aid lawyer yourself when you have been the victim of a criminal offense. The legal aid lawyer will give you advice and guidance on how to proceed in your case and what you need to prepare for. The lawyer will assess whether you are entitled to have a court-appointed counsel and may apply to the court for appointment. The offense must be reported in order to apply to the court for appointment. Read more about when you are entitled to have a court-appointed counsel here.

You can get help to report the incident to the police and your lawyer can accompany you during questioning and liaise with the police during the investigation.

If you report the offense yourself, the police have a duty - already at the first contact with you as the victim - to inform you of the possibility of having a lawyer appointed. You can then get help from the police to find a suitable lawyer, or you can find one yourself.

During the investigation, your legal aid lawyer will keep you updated on what is happening in your case and may ask the police to take investigative steps that you want to be taken.

If the matter is reported and your case is dropped, your lawyer can help you appeal against the dropping of the case.

If the case is brought to court, the legal aid lawyer can represent you and give you advice and guidance during the legal proceedings. The legal aid lawyer can make a claim for compensation on your behalf in the court proceedings. In addition, the lawyer can help you apply for compensation from the state.

Security for victims in criminal proceedings

If you have been the victim of a criminal offense, it can be reassuring to be assisted by a legal aid lawyer. The lawyer can accompany you through the entire process, from the report to the trial, in a reassuring and responsible manner. They can also be a safe person for you as a victim or survivor - someone who ensures that your rights are safeguarded, someone who knows your case and is available to you, and someone who can guide you to various support services if you need it.

We at Insa advokater can help you assess your case and assist you as a legal aid lawyer. Contact us for an informal discussion here!

Does car insurance cover legal fees in case of a dispute with the seller?

Have you bought a car with defects and want to make a claim against the seller?

The threshold for contacting a lawyer should not be high. If you are concerned about costs, your car insurance policy is likely to cover legal expenses up to €100 000. The policyholder will have to pay a deductible of between €2,000-5,000, plus 20% of any expenses incurred over and above the deductible, but the insurance company will bear the brunt of the cost.

Example: if your total legal costs are € 60 000 and your own contribution is € 2 000, in addition to the € 2 000, you will have to pay 20% of € 58 000. In this example, you would have to pay a total of €13,600 in excess. In other words, your car insurance policy potentially covers a large part of your legal expenses.

It is the insurance contract that regulates the conditions that must be met in order to obtain legal aid cover under the motor insurance policy. As a general rule, legal aid is granted from the moment a dispute arises. A dispute arises if you make a claim and the other party refuses. A lack of response from the other party (inaction) can also lead to a dispute under insurance law.

Note the insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance is likely to refuse legal aid coverage.

As a general rule, the insurance does not cover expenses greater than your financial interest in the case. For example, if you want to cancel a car purchase and the car is worth NOK 300,000, the insurance may cover up to NOK 100,000 in legal expenses.

We can help you with your questions about legal aid coverage.

 

If you have any questions about the content of this article or would like assistance in a dispute with a car seller, you can contact us without obligation here.

Have you been called in for questioning?
Have the police called you in for questioning in a criminal case?

What happens when you are summoned for questioning? Do you have to show up? And what are your rights?

An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.

By questioning people who have information about the reported incident, the police will gather relevant information about what happened.

The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.

Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.

The distinction between being a suspect and a defendant

When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.

If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.

The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.

Who can you bring with you?

If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.

If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.

Questioning of persons under 18 years of age

If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.

If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.

 

If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.

Consultation process in child protection cases
Consultation process in child protection cases

What is it?

Conversation process is a form of treatment in child protection cases, offered by the county social welfare board (the Board) as an alternative to a negotiation meeting. The aim is to bring about a constructive discussion between the parties to the case and reach an agreement without a negotiation meeting, which is more time- and resource-intensive and can be perceived as more stressful. All parties must consent to the interview process in order for it to take place. This form of treatment is therefore only relevant in cases where the parties agree that it may be appropriate in the case.

How does it work?

The Tribunal invites the parties to a meeting which takes place in a much less formal setting than a regular hearing. The meeting is attended by the parties, with their respective lawyers, and two members of the Tribunal: a chairperson and an expert. The role of the chairperson and the expert is to help the parties reach a solution. The chairperson should act objectively and neutrally during the discussion meeting.

The child is entitled to be present at the interview. The child has the right to be accompanied by a person of trust and the right to be heard. Alternatively, the child's opinion can be heard through a spokesperson or by the child speaking directly to the Board.

The private party must be represented by a lawyer during the interview process. The private parties are entitled to free legal aid and can choose their own lawyer.

What can be achieved?

Through the interview process, the parties can explore the possibility of finding voluntary solutions in the best interests of the child. For example, they may agree to try different support measures for a period of time or other temporary solutions in the best interests of the child. It is possible to have several meetings in a case to try different solutions. If no agreement can be reached through the interview process, the Board will schedule a negotiation meeting.

The discussion process can help to improve communication between the parties and, in the best case scenario, can help to find flexible and appropriate solutions in the best interests of the child.

 

Talk to one of our experienced lawyers to see if the interlocutory process could be relevant to your case - contact us for a no-obligation chat here.

In which cases are you entitled to have a lawyer appointed at public expense?

As a victim or survivor of a criminal case, you have the right to be assisted by a legal aid lawyer. The role of the legal aid lawyer is to safeguard the rights of victims and survivors. You can read more about the role of the legal aid lawyer here.

In some cases, you are entitled to have a court-appointed lawyer. This means that the public authorities will cover your legal expenses.

Section 107a of the Criminal Procedure Act regulates the cases in which you can have an assistant lawyer appointed by the court:

In cases concerning restraining orders, forced marriage, human trafficking, abuse in close relationships, female genital mutilation and sexual offenses, you are entitled to have a legal aid lawyer appointed. The same applies if the criminal act is likely to cause you serious and/or long-term harm.

Children who are victims in criminal proceedings have the right to be accompanied by a legal aid lawyer when being questioned by a judge. The same applies to cases where a child is attending a juvenile court hearing and a public defender has been appointed for the perpetrator.

Furthermore, as a survivor, you may be entitled to the appointment of a legal aid lawyer. You are entitled to this if a child under the age of 18, for whom you had parental responsibility, has died as a result of a criminal offense. In other cases, the court may appoint an assistant lawyer for the bereaved when special circumstances indicate that there is a need for one.

In addition, the court may appoint an assistant lawyer for you as the victim where the nature and seriousness of the case, the interests of those affected or other special circumstances indicate that a lawyer is needed. The court will then make a concrete assessment of the nature and character of the case, based on an application from the lawyer. If you feel you need help, you should therefore contact a lawyer in any case. The lawyer can help you assess your case and apply to the court for appointment if there are grounds to apply.

We at Insa advokater can assess your case and apply for an appointment if we find grounds for it. This does not cost you anything. If you are not appointed by the court, but still want the assistance of a legal aid lawyer, you must cover the costs of the lawyer yourself. We can still assist you.

Contact us for an informal and non-binding chat here!

Change of company form

You have started a company, but find that the legal form you chose is not suitable for you and your company after all. What do you do? Are you tied to the company form you have chosen and have to start again, or can you transfer the same company to another company form?

The legal form you choose sets the framework for your organization, responsibilities, taxes, risks, obligations and rights. A change of company form means that you change or reorganize your business into something new.

What are the most common types of companies?

Sole proprietorship - perhaps the easiest form of company to start. Setting up a sole proprietorship offers great freedom of action and simplicity, but the downside is that there is no separation between your personal finances and the finances of the sole proprietorship.

General partnership - most commonly divided into either an ANS (general partnership) or a DA (joint liability). An ANS and DA are forms of company where the participants in the company are personally liable for the company's financial obligations. ANS and DA have simpler procedural rules and are easier to operate than a limited liability company, but in return they carry a greater share of the risk for the company's obligations.

Limited liability company - a form of company with limited liability for the company's owners. Ownership in a limited liability company is divided into shares and the owners are not personally liable for the company's obligations to its creditors. However, there are a number of requirements concerning the procedure and management of affairs, and the way in which the limited liability company can distribute dividends to its owners.

Other - There are also many that are organized as limited partnerships, partnerships or public limited companies, but this is more rare. Norwegian registered foreign enterprise (NUF) was more common before. Now that the share capital requirement for starting a limited liability company has been reduced to NOK 30 000, NUFs have become increasingly rare.

What are the most common forms of reorganization and transformation of company form?

  • ENK transformed into AS
  • NUF to AS
  • ANS/DA to AS
  • ENK to ANS/DA

Do you need to convert your company to another legal form?

In the past, it was common for many businesses to start their company as a sole proprietorship or NUF. The reason was that there was previously a minimum requirement in the Limited Liability Companies Act that you needed NOK 100 000 to establish a limited company. In addition to this, there were ongoing auditing costs. However, after a change in the law that lowered the share capital requirement from NOK 100 000 to NOK 30 000, more and more people started ASs, in line with what the legislator wanted to achieve.

The government has also made it easier to convert a company from a corporate form to an AS. For example, a founder who starts a sole proprietorship should be able to easily change the company form if the company grows out of that particular company form. For example, the state recognizes the conversion from a sole proprietorship to an AS as tax-free.

A limited liability company has many advantages compared to e.g. NUF, ANS and ENK. A limited liability company has limited liability, is flexible and is more suitable if multiple owners are desired (especially if there are to be different levels of activity among the owners).

There are different levels of risk associated with the different types of company. A limited liability company makes a clear distinction between your personal finances and the company's finances. If a limited liability company goes bankrupt, only the paid-up share capital can be lost (with the exception of the owner's or board of directors' actions in tort). If you run a sole proprietorship, on the other hand, you privately risk losing your personal assets such as your car, boat or holiday home.

Limited liability companies as a corporate form involve some additional paperwork

If you decide to change your legal form to a limited liability company, you should be aware that it will involve more time spent on paperwork and documentation than before. There are several criteria where the rules are stricter for a limited company than for a sole proprietorship, NUF or ANS. Some of these are for example:

  • Establishment and operation (a number of formal requirements that must be met and documented for both the establishment and operation of a limited liability company)
  • Pay (stricter requirements and procedures for the payment of salaries)
  • Bookkeeping
  • Annual meeting (requirements for minutes and their submission)
  • Accounting requirements and submission of accounts to the Accounting Register

What can Insa lawyers help you with?

  • Our team has solid expertise in the areas of commercial law
  • Advice and assistance in business and share sales, mergers, demergers and transformations
  • We have expertise in all types of transactions
  • Checking contracts before signing
  • We can assist you in drafting and assessing contracts
  • Assistance in negotiations and disputes

Are you considering converting your company form and have questions? Contact us at Insa advoakter, free of charge, here.

From sole proprietorship to limited liability company

Previously, it was a requirement that you had to pay NOK 100 000 to establish a limited company. Many people chose to establish their company as a sole proprietorship instead. In 2012, however, the amount you had to pay to establish a limited company was reduced to NOK 30 000, and today more and more people choose to establish a limited company (AS) rather than a sole proprietorship.

Do you have a sole proprietorship but want to change it into a limited liability company? In this article, we explain what a sole proprietorship is, when you should and how you can convert your sole proprietorship into a limited liability company, and how Insa can help you.

What is a sole proprietorship?

A sole proprietorship (ENK) is characterized by being owned by one person with unlimited liability and risk. In cases where the risk is very high, it can be considered whether the legal form should be changed to limit liability.

The owner of the enterprise cannot be listed as an employee himself, but the owner can have employees. This means that the owner does not receive any salary payments, but can dispose of the profits himself. The profits of the enterprise are considered as your income and must be taxed. The owner must pay wages to the employees and employer's contributions.

There will also be fewer social rights for the owner than there are for the employees. Social rights are defined as sickness benefits, unemployment benefits and pensions.

Another characteristic of a sole proprietorship is that it is not a separate legal entity. This leads to a confusion between the finances of the sole proprietorship and the person running it. For this reason, sole proprietorships are not very attractive to investors.

Signs that you should switch from a sole proprietorship to a limited company:

  • You earned more than NOK 100,000 last year (if you earn more than NOK 750,000 a year, a sole proprietorship is unprofitable for tax purposes)
  • You want multiple owners (e.g. to spread the risk)
  • You want less risk for yourself as a private individual
  • You will be more attractive to investors and banks

How to switch from sole proprietorship to limited liability company?

  • The first step is to start a limited company in the usual way. Alternatively, you can use an existing limited company that has never been in use. Either way, it is important to have the right documentation to show that you are changing from a sole proprietorship to a limited liability company.
  • The share capital is set at NOK 30 000 - this is the minimum requirement. Of the NOK 30 000, NOK 5570 must be paid to Brønnøysundregistrene. You can use the rest as you wish.
  • Activities, liabilities and assets must be transferred - different rules when it comes to debts, real estate and assets.
  • The documentation must be in place. It should show the assets, liabilities and equity of the business. This must be verifiable by an expert.

What happens after the transformation?

After you have changed your legal form from a sole proprietorship to a limited liability company, the first change will be that your limited liability company will have an organization number. Furthermore, the AS will be seen as a legal person. This may result in some contracts having to be amended or adjusted. New account numbers and customer relationships with the bank will also be required.

The company must be registered in the VAT register after you have invoiced for €50,000.

Insa lawyers can help you with this:

A transition from a sole proprietorship to a limited liability company may at first glance seem somewhat complicated, but we have skilled lawyers who can assist you...

  • with all types of transactions
  • ...both as individuals and small companies
  • ...advising on business and share sales, mergers, demergers and conversions
  • ...with the drafting and assessment of agreements
  • with contract checks
  • in negotiations and dispute resolution

If you have any questions related to the change of company form, please contact us at Insa advokater here.

The child's right to be heard in his or her own case

Children have the right to express their views and participate in any matter concerning them. This right is a human right enshrined in section 104 of the Norwegian Constitution, Article 12 of the Convention on the Rights of the Child and section 1-4 of the Child Welfare Act. In child protection cases, children's views and opinions are an important basis for the decisions of the child welfare services, the Child Welfare and Health Board and the courts. Furthermore, this right ensures respect for the child's integrity and dignity.

Section 1-4 of the Child Welfare Act states the following:

A child who is capable of forming his or her own opinions has the right to participate in all matters concerning the child under this Act. Children have the right to express their views to the child welfare authorities without the consent of their parents and without informing the parents of the interview in advance. The child shall receive adequate and appropriate information and has the right to freely express his or her views. The child shall be listened to and the child's opinions shall be given due weight in accordance with the child's age and maturity.

According to the preparatory works, the child has an independent and unconditional right, but not an obligation, to participate. The child should receive adequate and appropriate information and has the right to express his or her views freely.

Furthermore, it follows from the preparatory works that it is up to the body that is to make the decision to ensure that the child has been informed of the right to be heard and that the child in question is actually given the opportunity to express his or her views. It is the same body that is responsible for assessing how such an interview should be conducted and organized. A spokesperson may be appointed, but the child may also speak before the tribunal, a judge or an expert who may be involved in the case.

According to the law, the child's opinion should be given weight in accordance with the child's age and maturity.

It is a procedural error if the child is not given the opportunity to be heard and this error can lead to a judicial decision being overturned.

It follows from section 12-3 of the Child Welfare Act that if the child has reached the age of 15 and understands what the case concerns, he or she may act as a party to the case and thereby assert party rights. If the interests of the child so require, the Board may also grant a child under the age of 15 the right to be a party.

In cases concerning children with behavioral problems or measures for children who may be victims of trafficking, the child should always be considered as a party.

Am I entitled to free legal aid? 

You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.   

 

Claim for return under section 5-7 of the Child Welfare Act

CLAIMS FOR RETURN UNDER SECTION 5-7 OF THE CHILD WELFARE ACT

Under Section 5-7 of the Child Welfare Act, parents who have been deprived of custody of their children have the possibility to request that the decision be revoked; in other words, to demand that they regain custody of their children.

Under the law, the authorities are obliged to revoke a decision to take achildinto care as soon as it is "highly probable that the parents can provide the child with proper care". This obligation is in accordance with ECHR Art. 8(2) which requires that only necessary interventions can be legitimized.

However, even if the probability requirement is met, the law states that return shall nevertheless not take place if the child "has become so attached to the people and environment where he or she is that relocation may lead to serious problems for the child if he or she is relocated". "Serious problems" means that the adaptation problems in the event of a return must be of a certain strength, and something beyond what would be normal in the event of a return.

The question of return must be addressed to the parent or parents who have custody of the child in accordance with the rules of the Children Act, and the claim can be made if the case has not been dealt with in the last 12 months.

In order to provide peace and stability for the child, the law contains an important limit on the right to request a review of the return issue more than once. If the Child Welfare and Health Board or the courts have decided that the child should not be returned because it could cause serious problems for the child to be returned, the issue cannot be re-examined by the Board or the courts unless there is a "significant change in the child's situation". A significant change could be, for example, that the foster home terminates its agreement.

As usual, the child's opinion should be given weight in such cases, but in a return case the foster parents also have the right to be heard.

Am I entitled to free legal aid? 

You are entitled to free legal aid if the tribunal or court is hearing your case for reinstatement.  

You can contact Insa lawyers if you have any questions, at no cost to you. 

Tips for the first meeting with child protection services

Are you one of the parents who have been summoned to a meeting with the child protection services following a report of concern? In 2021, the child welfare services received 53 468 reports of concern. Investigation proceedings were opened in 41 933 of these.

According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.

1. Do you need a lawyer when dealing with the CPS?

All too often, the child welfare service initiate investigation proceedings without having assessed the seriousness and severity of the report. According to the Child Welfare Act, there must be circumstances that can provide grounds for measures under the Child Welfare Act in order to open an investigation case. In practice, this rule is rarely followed up. This is something the lawyer can challenge the CPS on. Remember that it is important to be confident when dealing with the CPS. If the case is serious or you feel unsafe, the recommendation is to have a lawyer with you. Prepare yourself well and make a strategy for what you want to communicate in the meeting with the CPS.

2. Will it harm my case if I bring a lawyer to the CPS?

No, it will never be used against you if you bring a lawyer to the meeting with the CPS. According to the Public Administration Act, you have the right to have a lawyer with you in a meeting with the CPS.

3. Do parents have to attend the meeting with the CPS and explain themselves? 

No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your lawyer's fees if you are to attend the meeting with the CPS. You run the risk that the CPS will set a big machine in motion if you do not show up at the appointed time. Insa lawyers are available to talk to you on the phone, at no cost to you. 

4. Do child protection services have the right to talk to children? 

Even if the parents do not have a duty to explain themselves, the child protection services have the right to have a private interview with the child. Even if you are not entitled to this, you can ask for someone you trust to attend this meeting, or you can ask for the interview to be recorded on tape.

5. Do I have to waive confidentiality?

No! The child welfare service have a practice where they all too often ask for a waiver of confidentiality. As parents, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. Therefore, it may be a good idea to challenge the child welfare authorities before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes. So the general rule should be that you do not sign, but rather give the CPS access to the information they need. The CPS does not normally need access to your medical records for the last 10 years.

However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.

6. Am I entitled to free legal aid? 

In investigation cases, you are generally not entitled to free legal aid. However, you can make the meeting with the CPS conditional on them covering your legal costs.

You are entitled to free legal aid if your child is placed in an emergency placement or taken into care.  

Please contact us at Insa advokater if you have any questions regarding a meeting with the child protection services. It does not cost you anything to contact us!

 

What responsibility does the employer have to check that foreign workers have a valid work permit?

What is the limit for an employer's duty to check that foreign employees have the necessary residence and work permits? On April 15, 2021, the Supreme Court issued a judgment where the question was whether a limited liability company could be subject to a corporate penalty for employing a foreign worker who did not have a residence and work permit in Norway. The limited liability company was imposed a corporate penalty with a fine of NOK 30,000, but the judgment states that there is no objective criminal liability for companies.

What does the ruling mean for you as an employer?

The Supreme Court's decision clarifies and establishes that corporate penalties cannot be imposed on the basis of strict criminal liability. Corporate penalties can only be imposed in the event of negligence on the part of the company. The judgment entails a duty of investigation for the company to clarify whether foreign employees have a valid work permit. A breach of this duty may result in negligence on the part of the company, and the culpability requirement for corporate criminal liability will thus be met.

This decision is also of significance when imposing corporate penalties.

What was the case about?

The company in the case had hired a foreign employee as general manager. The chairman of the board, who owned all the company's shares, established the company and hired the person in question to help him start his own business. At that time, the employed general manager had received a final rejection of his residence permit. In other words, he did not have a valid residence and work permit in Norway. Despite this, he was registered in the Register of Employers and Employees, and he had a tax card. In other words, the employer had reasonable grounds to rely on the information that he had a work permit in Norway.

The employee was arrested by the police and the company was subsequently fined NOK 25,000. The company was informed that failure to accept the fine would result in a fine of NOK 30,000. The company did not accept the fine, and the case was taken to court. The prosecutor deviated from what was stated in the fine and claimed a fine of NOK 500,000.

The Supreme Court's assessment of the guilt requirement for corporate penalties

Corporate penalties are regulated by section 27 of the Penal Code, which states that companies can be punished in cases where a penal provision is violated by someone who has acted on behalf of the company. The provision specifies that this applies "even if no individual has been guilty". According to this wording and the preparatory works, there is objective criminal liability for companies. The Supreme Court also considered whether such objective criminal liability is compatible with Article 6(2) and Article 7 of the European Convention on Human Rights, which prohibit punishment on a purely objective basis. In the event of conflict between the Convention and other Norwegian law, the Convention shall prevail, cf. section 3 of the Human Rights Act.

The Supreme Court concluded that section 27 of the Penal Code cannot be applied according to its wording, and that under Norwegian law, corporate penalties cannot be imposed in cases where no one has been guilty. However, the Supreme Court concluded that there was no requirement for intent or gross negligence under section 108, third paragraph (a) of the Immigration Act, and that corporate penalties can thus be imposed in cases of negligence.

The Supreme Court then specifically assessed whether the chairman of the company's board of directors had acted negligently. In this specific assessment, the Supreme Court emphasized that the chairman of the board had not investigated whether the man who was employed had a work permit, and that this was sufficiently negligent conduct on the part of the chairman. This was despite the fact that the man had informed the chairman of the board that he had a work permit, he was registered in the Register of Employers and Employees and he had a tax card.

The Supreme Court thus imposes a very strict due diligence requirement for companies that employ foreign workers.

The Supreme Court's sentencing

Since the conditions for a corporate penalty were met, the Supreme Court went on to consider the assessment of the corporate penalty. The original fine was NOK 25 000. It was stated in the fine that failure to adopt the fine would result in a fine of NOK 30,000. However, during the proceedings in the District Court and the Court of Appeal, the prosecutor claimed a fine of NOK 500 000.

The Supreme Court stated that one should be able to rely on the prosecuting authorities to impose a fine in the same order of magnitude as the original fine. The Supreme Court stated that even though the prosecuting authority is not bound to the amount notified in the fine, it would be reasonable to settle on a fine of the original informed amount of NOK 30,000. The company was fined NOK 250,000 in the Court of Appeal, and the Supreme Court reduced this considerably.

What can your company do to avoid corporate penalties in such cases?

If your company has foreign employees, this decision means that the company should have routines for checking the citizenship/residence permit of all employees at the time of employment. In order to create a uniform arrangement for all employees in the company, and at the same time make it easier for the company, this routine check at the time of employment should apply to everyone.

The decision can be found here.

COS as a support measure

As part of providing parents with advice and guidance, child welfare services often offer courses to strengthen parents' care skills. One of the most commonly used courses is the so-called Circle of Security (COS). This is a parental guidance course that aims to give parents the tools to better understand their children's needs, the signals they give, and what can be done to better meet these needs.

The course focuses on the "Circle of Safety", which is designed to help parents recognize their children's need for support from their parents, both when they have difficult emotions and when they are exploring the world. There is also a focus on the importance of good interaction between parents and children, and its significance for how children develop secure emotional attachment. The course will provide parents with knowledge and tools to handle any difficult situations that may arise.

The COS course will certainly give parents good knowledge and important tools they can take with them, but all too often we see that courses are offered that are not necessarily adapted to the situation the family is in. Even if the course itself is good, it will therefore provide little benefit if it is not the right measure at the right time. It is therefore important that you ask questions and make demands of the intervention the CPS wants to offer. Feel free to use a lawyer in your meeting with the CPS about this.

Insa advokater can provide advice and guidance prior to meetings with the child welfare service, and we can attend the meetings if required. Contact us free of charge for a chat about your case!

Report of concern to child welfare services after smoking cannabis

Hasanyone reported a concern to child welfare services because you have smoked hashish?

Has your neighbor caught you smoking hashish at a house party you had and sent a report of concern to the CPS? Read more about the case and our tips on how to deal with the CPS.

First meeting with the child welfare service

Parents will be invited to a meeting with the child welfare services following a report of concern about drug use. It follows from the Child Welfare Act that circumstances that may provide grounds for measures under the Child Welfare Act are sufficient to open an investigation. The use of narcotic substances, such as hashish, will result in an investigation.  

Do you have a duty to explain in a meeting?

As a parent, you have no obligation to explain yourself to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer rather than not showing up.

What happens when CPS finds out I've been using hashish?

The child welfare service will normally ask you to provide a cannabis and urine sample. THC acid can be detected in urine from a few days to three months after you have stopped using cannabis. The purpose of the test is to find out your pattern of use.

You are not obliged to accept such a request from the CPS. If you have smoked at a party, there is little basis for requesting a cannabis sample. As the measure is considered particularly invasive, the child welfare service must have a strong suspicion of substance abuse if urine samples are to be ordered. Challenge the child welfare service if they demand a cannabis sample. However, you must consider the totality of the concern the CPS has before deciding whether to say yes or no.

How serious is it that the child welfare services have found out that you have used hashish?

The severity depends on whether your cannabis use has affected your children. In our experience, if you have smoked once in a while, without your children being present, this rarely results in intervention by the child welfare authorities. If you use drugs extensively and are considered addicted, it will often be considered abuse. Such abuse may lead to intervention by child welfare services.

Should I accept having smoked hashish?

If you accept that you have used hashish, this will be recorded. This may be self-incriminating, as the CPS may choose to report this to the police. The CPS does not normally report individual incidents to the police. However, it is stupid to withhold and lie to the CPS about the use of cannabis if it is obvious that you have used it. It can then be used against you. Use a lawyer to create a strategy for what to communicate and how to communicate it.  

Can the CPS demand an interview with the child without the parents being present?

Even if the parents do not have a duty to explain, the CPS has the right to have a private interview with the child. Even if you are not entitled to this, you can ask for a person you trust to attend this private meeting, or you can ask for the conversation to be recorded on tape. 

Do I have to lift the obligation of confidentiality?

No! The child welfare service has a practice where they all too often ask for a waiver of confidentiality. As a parent, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. In cases where hashish is suspected as an individual incident, we do not see the purpose of lifting confidentiality. Therefore, it may be wise to challenge the CPS before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes.

Am I entitled to free legal aid?

In investigation cases, you are generally not entitled to free legal aid. However, you can demand that the CPS covers your legal costs as a condition for meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Therefore, make sure to meet the CPS, regardless of whether you have a lawyer or not. Insa lawyers are available for a brief telephone conversation at no cost to you.

 

Who can be a foster parent?
Can grandparents, uncles, aunts and friends be foster parents?

When the child welfare authorities make a decision to take a child into care, you must be consulted about the choice of foster home. Use a lawyer who can ensure that you are heard about your wishes regarding where the child should be placed. The child welfare authorities often do not follow your wishes and place children with completely unknown people, even if there are suitable alternatives in close family.

Can close family be considered as a foster home?

Yes, according to section 4, first second paragraph of the Foster Home Regulations, the child welfare service must "always" assess whether someone in the child's family or close network can be chosen as a foster home. Furthermore, your opinion must be included in the child welfare service's assessment. If your opinion has not been heard, you can complain to The Parliamentary Ombud.

Can someone other than close family be considered as a foster parent?

Yes, other families can also be considered as foster homes.

Does it have to be one or two foster parents?

According to section 5 of the Foster Home Regulations, the foster home should consist of two foster parents. Single parents may be chosen if the child welfare service finds that this would be in the best interests of the child in question.

If the child welfare service refuses to place the child where you want, what then?

If the child welfare service do not wish to place the child in the foster home you have proposed, it is important that a claim for a specific foster home placement is brought before the county social welfare board. The board can assess whether the people you have proposed are suitable as foster parents.

The claim for a specific foster home must be submitted and decided in the same case as the case concerning the takeover of care. If the board does not deal with this case, the district court will not do so either. Make sure you have a lawyer who knows this process, as there is often a slip-up here.

What is required of foster parents?

The Foster Home Regulations set out general requirements for foster parents. It states that a foster parent must have the ability, time and energy to give children a safe and good home. A stable life situation, generally good health and good cooperation skills. They must also have finances, housing and a social network that gives children the opportunity to develop their lives.

These requirements may be waived somewhat if it is undoubtedly in the child's best interests to be placed with a particular family or network. Challenge the child welfare service on this before you settle for the child welfare service's choice!

What is particularly important when placing a foster home with a close family?

The child welfare service will need to ensure that the family will be able to cope with the dual role and the possible conflict of loyalties inherent in being both a family or close network and a foster home.

Should the child welfare authorities implement measures that you do not agree with?

Should assistance measures be put in place that you do not agree with?

Has the CPS decided to initiate assistance measures and you feel you have no choice? Be skeptical and ask questions! Bring a lawyer with you to the meeting where the decision is made. It may not always be the right thing to do, that it suits you and your family, or that the conditions of the law are met. You can ask the Child Welfare and Health Board to assess whether it is appropriate to impose measures.

According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.

Are assistance measures voluntary? 

The main rule is that assistance measures pursuant to section 3-1 shall be voluntary. It may nevertheless be decided that certain measures must be implemented by order. This means that the parents cannot oppose the measure. Very often, the CPS gives the impression that if you do not accept the support measures, they have no choice but to impose them on you. Be critical and take the case to the county administrative board if you disagree.

What types of support measures can be put in place? 

A distinction is made between compensatory, controlling, care-changing and parental support measures.

Compensatory measures

The aim of compensatory measures is to alleviate the family's or child's care situation.

In addition to stays in kindergarten or other suitable day care facilities, stays in a visiting home or respite care, homework help, leisure activities, use of support contact or other similar measures can also be compensatory. These measures reduce stress for the child, as well as ensuring stimulation and participation in activities.

Control measures

The purpose of control measures is to ensure that children are not subjected to abuse or maltreatment. Examples of such measures include supervision, mandatory reporting and urine tests.

Care-changing measures

The aim of care-changing measures is to help parents to perform their care tasks in a way that results in positive development for the child. This type of intervention involves various forms of parental guidance, including stays in a center for parents and children, and targets the parents' ability to care. Examples of such measures are stays in family centers.

Parental support measures without the child's consent

Parental support measures can also be implemented for children who have shown serious behavioral difficulties. The aim is to reduce the child's behavioral difficulties. Such measures that do not have consent cannot be maintained for more than six months.

Do parents have to attend the meeting with the CPS and explain themselves? 

No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your legal expenses if you are to attend the meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Insa lawyers are available for a chat if you have any questions, at no cost to you.  

How long can the child welfare authorities impose such measures? 

Measures may continue for up to one year, calculated from the time the decision was made. This does not apply to orders to attend kindergarten or other suitable day care. These measures have no time limit.

What do I do if I don't want to accept the measure? 

You should contact a lawyer if invasive measures are taken by the child welfare services. Do not accept the measures without consulting a lawyer. If no agreement is reached, the case must be sent to the Child Welfare and Health Board. According to the Child Welfare Act, the Board can make a decision on the imposition of remedial measures without holding a negotiation meeting. This means that the case is decided on the basis of the case documents. However, it is possible to request an oral hearing on whether measures should be taken. 

However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.

Am I entitled to free legal aid?

In principle, you are not entitled to free legal aid for voluntary assistance measures. You are only entitled to legal assistance paid for by the state if assistance is ordered. However, it is recommended that you do not accept any assistance measures without consulting a lawyer. Demand that the child welfare services cover your costs. All too often, support measures are put in place without the parents challenging the child welfare services! Contact us for free advice before meeting with the child welfare services.

Does your home contents insurance cover legal expenses in the event of a dispute with the seller of the home?

Have you bought a house with defects and want to make a claim against the seller? Buying a home is one of the most important investments most of us will ever make. That's why it's crucial that the property meets our expectations and is in the condition we expect.

If you as a buyer discover defects in the property after the purchase, it may be a good idea to contact a lawyer for guidance in the claims process. If you have home contents insurance, it will probably cover the cost of a lawyer up to NOK 100,000. 100 000. As a rule, the policyholder only has to pay a deductible of between NOK 2,000-5,000, plus 20 percent of the expenses incurred in excess of the deductible. In other words, the insurance company covers the lion's share of the legal expenses. The threshold for contacting a lawyer should therefore not be high, especially if you fear high legal costs.

Example: if the total legal costs are NOK 60,000 and the deductible is NOK 2,000, in addition to the NOK 2,000, you must pay 20% of NOK 58,000 (NOK 60,000 - NOK 2,000). In this case, you must therefore pay a total of NOK 13,600 yourself. In other words: your home contents insurance will potentially cover a large part of your legal expenses.

The insurance company may also cover expenses in connection with the preparation of a valuation report or expert report.

The insurance contract regulates the conditions that must be met in order to obtain legal aid coverage through the home contents insurance. As a general rule, legal aid is granted from the time a dispute arises. A dispute arises if you submit a claim and the other party refuses, i.e. at the time the disagreement arises. A lack of response from the other party (inaction) may also mean that a dispute exists under insurance law.

ATTENTION: The insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance will probably refuse legal aid coverage.

It is also good to know that the insurance generally does not cover expenses greater than the financial interest in the case.

If you have questions or need help with your case, book a free consultation with us here.

Summoned to a discussion meeting? We can help you!

As an employee, a discussion meeting with your employer can have a major impact on your job situation. It is therefore important to be well prepared and to be aware of your rights.

Before the employer makes a decision on dismissal, the issue shall, as far as practically possible, be discussed with you and employee representatives. Both the basis for the dismissal and any selection between several employees of who is to be dismissed must be discussed. This is the purpose of a discussion meeting.

You have the right to be assisted by an advisor (e.g. a lawyer) during the discussion meeting. This ensures that you have a competent and experienced person by your side who can guide you through the process and help you protect your interests.

If the employer decides to terminate your employment after a discussion meeting, you have the right to demand negotiations with the employer. This gives you the opportunity to discuss the matter further and possibly arrive at a solution that both parties can accept. A typical example of such a solution is a severance agreement.

Severance agreements can be an ideal way to compensate for job and financial insecurity. We emphasize that severance agreements are not a legal right, but a solution that can be negotiated between the parties. Severance agreements may be relevant if the employer is downsizing due to, for example, financial or market uncertainty in the company, and where there may be grounds for doubt or uncertainty about the appropriateness of the termination.

We can help you negotiate good terms in such a severance agreement, for example by providing you with a salary during the notice period without the obligation to work, coverage of benefits such as mobile phones and computers, career courses/coaching covered by the employer and a so-called "severance pay" (salary after the end of the notice period). The severance pay can form a good basis for job and financial security.

Example: Stine is summoned to a discussion meeting on February 29 and is given notice of termination by her employer on March 1. Her notice period runs from March 1 to May 31, and she is expected to work throughout this period.

Stine demands negotiations with her employer and eventually negotiates a final agreement with exemption from the obligation to work during the notice period, pay during the notice period and severance pay equivalent to two months' fixed salary*. She further negotiates that there will be no reduction in the severance pay if she gets another job during the severance pay period. Stine is then entitled to salary for five months from March 1.

This means that if Stine gets a new job before the severance pay period is over, she will in reality have "double" pay from the first pay day in the new job.

*Note: all terms will vary depending on the agreement reached through negotiations.

A severance agreement assumes that the employer is willing to agree to such an out-of-court solution. If the employer is not willing to agree to such a solution, we at Insa can help you assess whether the dismissal is unfair and whether you should take legal action.

ATTENTION: The deadline for demanding negotiations is two weeks from the date of termination. The deadline for legal action is eight weeks.

We at Insa advokater are happy to assist you before, during and after a discussion meeting. Don't hesitate - book an appointment with us here.

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