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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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

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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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