Receiving a termination can be both unexpected and demanding, and for employers, terminating an employee is a legally and practically challenging process. In Norway, the Working Environment Act sets strict requirements that any termination must be objective. This article gives you as an employee or employer an overview of what is considered objective grounds for termination – and what rights and obligations apply.
According to Section 15-7 of the Working Environment Act, a dismissal must be objectively justified in the circumstances of the business, the employer or the employee. This means that an employer cannot dismiss an employee without a legitimate need or a clear reason that can be documented.
The objective assessment is a comprehensive assessment in which the interests of both the employer and the employee are weighed against each other. It is not sufficient that the employer wishes to terminate the employment; there must be a real and documentable reason.
Layoffs due to business circumstances often involve finances, reorganization, or efficiency improvements. Examples include:
Even in the event of legitimate needs, the employer must consider alternatives such as reassignment, and follow selection criteria such as seniority and competence in an objective and fair manner.
Terminations based on this option are based on circumstances that are more personal to the employer. The option is only applicable in very special situations.
Termination due to circumstances at the employee's own risk applies when the person is not functioning in the role, even after follow-up and facilitation. Examples include:
In such cases, the employer must be able to show that the situation is so serious that dismissal is necessary and not a disproportionate reaction.
In certain situations, employees have extra strong protection:
In such cases, the employer must be able to prove that the termination is not related to the protected relationship.
For a termination to be valid, the employer must follow clear procedures:
If the employee believes the termination is unfair, negotiations may be required and possibly legal action may be taken. In a court case, both the basis and the process behind the termination are assessed. An invalid termination may be declared invalid by the court, and the employee may be entitled to compensation.
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.
Starting a new job is exciting – but also a bit uncertain. Many employers use a probationary period to see if you are a good fit for the position and the environment. At the same time, the probationary period also gives you as an employee the opportunity to assess whether the job meets your expectations. But what happens if the employment relationship ends during this period? Here you will get an overview of what applies when you are dismissed during the probationary period.
A probationary period is an agreed period, usually up to six months, during which the employer and employee have a somewhat easier right to terminate the employment relationship. This must be agreed in writing in the employment contract.
The purpose is to give both parties time to assess whether the employment is working as desired – both professionally and socially.
Even though the threshold for dismissal is lower during the probationary period, this does not mean that the employer is free to do so. Dismissal must still be objective, and the reason must be related to:
Dismissal on other grounds such as illness, pregnancy, union membership or other trivial matters is not permitted – even during the probationary period.
Unless otherwise agreed in the contract, the statutory notice period during the probationary period is 14 days , calculated from the date the notice is delivered. This applies whether you or the employer is the one giving the notice. This period runs from the time the notice is actually received , not when it is sent.
The termination itself must be in writing and must contain:
If the employer does not comply with the requirements for form and content, the dismissal may be declared invalid. The employer must also call a discussion meeting before the decision to dismiss is made. During the discussion meeting, the employer must explain why a dismissal is being considered, and what circumstances form the basis for this assessment.
During the probationary period, the employer must follow up on the new employee. This means, among other things, that you as an employee must receive necessary training, clear instructions and guidance.
Insufficient follow-up may be a factor in the assessment of whether a dismissal is unfair. If this is the case, the dismissal will be considered invalid.
It is recommended that the employer holds regular follow-up meetings throughout the probationary period, and that written minutes be kept of these meetings. This gives both the employer and the employee a common understanding of what is expected and how progress is assessed.
If you believe that the termination is not justified, you have the right to request negotiations within two weeks of receiving the termination. If the matter is not resolved in negotiations, you can go to court .
You do not have the right to remain in your position while the case is being processed, as is often the case after the probationary period. However, you may be granted the right to do so if the court believes there are grounds for doing so.
As an employee, you are free to resign even during the probationary period, but you must comply with the notice period. In some cases, it may be worth discussing the termination with your employer to find a good solution for both parties.
The probationary period gives the employer somewhat easier access to dismissal, but it does not mean that you are without rights. A dismissal must be objective, and the employee has the right to have the matter considered in more detail if you disagree. By knowing the rules, you are in a stronger position if the employment relationship takes an unexpected turn.
Feel free to book a free meeting with our employment law lawyers - if you would like an assessment of your case.
Both employees and employers can experience uncertainty when it comes to dismissals during sick leave. What is actually legal – and what is not?
According to the Working Environment Act, you as an employee have special protection against dismissal if you are fully or partially on sick leave and give notice of this. The protection applies for 12 months from the day you became ill, and follows from the Working Environment Act Section 15-8. During this period, the employer cannot dismiss you due to illness, and the protection applies absolutely.
However, this does not mean that it is impossible to be dismissed while on sick leave. The decisive factor is what the real reason for the dismissal is.
If you are dismissed while on sick leave, the employer must be able to prove that the dismissal is due to circumstances other than the sick leave. This could be, for example:
The employer has the burden of proof. If the employer is unable to prove that the termination has another objective reason, the termination may be considered invalid.
If you receive a notice of termination while you are on sick leave, you should react quickly, as the Working Environment Act has several specific deadlines. You can contest the termination in writing if you believe it is invalid.
You have the right to continue in your position until the matter is resolved – either through negotiations or through the legal system. If the dismissal is declared invalid, you may be entitled to your job back and/or financial compensation.
In the case of a temporary position, the same protection does not apply as in the case of permanent employment. Temporary employment contracts normally terminate when the agreed period expires. In the case of a normal termination of the employment relationship, notice of termination is not necessary, and the special protection against dismissal due to illness therefore does not necessarily apply. However, the protection fully applies during the contract period.
The employer must also, to the best of their ability, facilitate the employee's return to work after a period of illness. This may take the form of changed work tasks, reduced working hours, or other measures.
How well the employer has fulfilled the obligation to provide accommodation will be central to the assessment of whether there is a valid reason to terminate an employee on sick leave after the expiry of the 12-month protection period.
If you are dismissed while you are on sick leave, it is important to:
For both employees and employers, a dismissal during sick leave can present demanding assessments. As an employee, it is important to know that you have special protection during the period of illness, and that there are clear deadlines for contesting a possible dismissal. As an employer, it is crucial to act correctly and follow the legal requirements - mistakes can lead to invalid dismissal and financial consequences.
Regardless of which side you are on, it may be a good idea to contact a specialized employment law attorney . We offer a no-obligation, free assessment of your case.
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 about your rights after being dismissed? Do you want compensation without taking the case to the courts? We have skilled lawyers in employment law who can help you in negotiations with your employer. Contact us for an informal conversation .
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