Many employees worry about what happens if their employer thinks they are not performing well enough at work. Can you actually be fired just because your performance is not up to expectations? In this article, we take a closer look at what the law says about termination based on performance, and what rights and obligations apply to both the employer and the employee.
In Norway, there are strict rules for when an employer is allowed to dismiss an employee. According to Section 15-7 of the Working Environment Act, there must be a valid reason for dismissal. Poor or inadequate work performance can be such a reason, but it takes a lot.
The objective requirement means that the employer must be able to document what is not working and why it constitutes a real problem for the business. It is not enough to point to general dissatisfaction or that an employee "doesn't quite fit in".
Poor performance can be due to several factors:
But there must be a clear distinction between this and random errors, low motivation during periods or conditions that are due to the business.
Before a termination can be considered, the employer must have done their part to help the employee improve. This may include:
If an employee is not given a real opportunity to rectify the situation, a dismissal will normally be invalid.
If, after thorough follow-up, there is still no improvement, termination may be lawful. However, each case must be assessed on a case-by-case basis – both how serious the failure is and what type of position is involved. The more independent the position, the greater the expectation of independence and performance.
Emphasis is also placed on how long the employee has been employed and what impact any failure has on the business.
Before a decision to dismiss is made, the employer must convene a formal discussion meeting. This gives the employee the opportunity to explain themselves and, if necessary, correct any misunderstandings. This meeting is an important guarantee of legal certainty. If you have received a dismissal without being called to a discussion meeting, it may be worth talking to a lawyer.
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The purpose of warnings
A warning in employment is a tool employers use to correct unwanted behavior or breach of the employment contract. Although the Working Environment Act does not specifically regulate warnings, there are established practices and principles that govern their use.
The main purpose of a warning is to inform the employee that a certain behavior or action is unacceptable and that a change is expected. The warning also serves as documentation for the employer, which can be decisive for any subsequent measures such as dismissal.
When can a warning be given?
Warnings are typically used in situations where the employee, for example:
It is important that warnings are not given for trivial matters that can be resolved through guidance or training.
Written or verbal warning?
Warnings can be both oral and written. A written warning provides clear documentation and is often preferable, especially in serious cases. A verbal warning should therefore be followed up with a written confirmation, for example via e-mail, to ensure documentation.
Content of a written warning
A written warning should include:
It is also recommended that the employee signs the warning to confirm receipt.
Number of warnings before termination
There is no fixed rule for how many warnings must be given before a dismissal can be considered. In serious cases, termination may take place without prior warning. In general, however, earlier warnings will strengthen the employer's case in the event of a possible dismissal.
Employee rights
An employee has the right to contest a warning if it is perceived as unreasonable. This should be done in writing, and the employee can seek assistance from shop stewards or legal advisers.
Follow-up after warning
After a warning has been given, the employer should follow up with the employee to ensure that necessary improvements are made. Lack of follow-up can weaken the importance of the warning in later assessments.
For both employers and employees, it is important to understand the importance of warnings in the employment relationship. Correct use and handling of warnings contributes to an orderly and predictable working environment.
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A written warning is a tool employers use to provide clear notice that an employee has acted in violation of workplace expectations or rules. The goal is to get the employee to change their behavior while also ensuring that the employer has documentation in case the situation develops further.
There is no set rule for when to give a warning, but there are several typical situations where it is appropriate:
A verbal warning is often the first step. It can be given in a conversation, but should always be documented – for example, through a report or an email. If the undesirable behavior continues, the next step is often a written warning.
A written warning is more formal and provides clear information about what needs to be changed and what the consequences may be if there is no improvement.
A well-worded warning should:
A written warning does not have a fixed expiry date, but its relevance weakens over time if no new incidents occur. How long it is relevant depends on the severity and how the situation develops afterwards.
Yes. If a dismissal becomes relevant later, previous warnings can strengthen the employer's case. It shows that opportunities for improvement have been given and that measures have been attempted. However, it is not an absolute requirement to have given a warning before giving notice – in particularly serious cases, dismissal or dismissal can occur directly.
Have you found yourself in a conflict or are unsure of your rights? Contact a lawyer with experience in employment law . We offer a free and non-binding video meeting to assess your case.
The duty of loyalty is a fundamental part of any employment relationship and implies that the employee must act loyally towards the employer. This applies both as an employee and to a certain extent after the employment relationship has ended. Here we explain what the duty of loyalty entails, how it can be broken, and what consequences it can have.
What does the duty of loyalty entail?
The duty of loyalty means that the employee must put the employer's interests first in his professional life. This includes acting in a way that does not harm the employer's reputation or finances. Although the duty of loyalty is not explicitly laid down in the Working Environment Act, it is legally recognized as part of employment law . In many cases, it is also specified in the employment contract.
Examples of loyal behavior:
Common breaches of the duty of loyalty
Disloyal behavior can vary from minor violations to serious violations. Examples include:
It is important to note that the employee's right to freedom of expression applies, but this can be restricted if statements clearly harm the employer's interests.
Consequences of breach
The consequences of a breach of the duty of loyalty depend on the severity:
How to avoid conflicts?
To avoid misunderstandings about the duty of loyalty, both employer and employee should be clear about expectations:
Duty of loyalty after termination of employment
Even after the termination of the employment relationship, the employee has certain obligations. This may include confidentiality and restrictions related to competition or customer clauses, if this is specified in the employment agreement.
The duty of loyalty is an important part of a good working relationship and contributes to a healthy balance between the employee's rights and the employer's interests.
If you have questions about the duty of loyalty or other employment law topics, you can contact Insa lawyers for free here .
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