The employment contract is a central part of any employment relationship, and since the legislative changes that came into force on 1 July 2024, the requirements for what such a contract should contain have been tightened. For both employers and employees, it is still important to have control over the rules, especially as many still use older contracts that do not meet today's requirements.

In this article, we provide an updated and practical overview of what an employment contract must contain, and what is new after the legislative changes that have now been in force for over a year.

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Briefly about the rule changes from 2024

The amendments to the law were intended to ensure more detailed and predictable working conditions. The rules include:

• Shorter deadlines for entering into and updating employment contracts
• Several mandatory points that must be included in the agreement
• Presumption rules that give employees stronger protection in the event of inadequate information
• Clearer rules for probation

Although many employers have already adapted their routines and templates, we see that many still use agreements that are missing important information or are not sufficiently updated.

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What must an employment contract contain today?

In addition to the points that were already required by law (such as working hours, salary, position, vacation and notice period), today's employment contracts must also contain:

• The procedure for terminating the employment relationship , with formal requirements and procedures
• Clarification of work location , especially in the case of home office or variable work location
• Details of working hours and overtime , including shift arrangements and payment
• Possible right to skills development
• Information about paid absence beyond vacation
• Complete overview of salary , including bonus, commission and fringe benefits
• Information about pensions and insurances
• Restrictions on probation , especially in temporary positions or in case of repetition

This follows from Section 14-6 of the Working Environment Act .

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Presumption rules – important when information is lacking

If the employment contract does not specify whether the position is temporary, it shall be considered permanent – ​​unless the employer can prove the contrary with a high degree of probability. The same applies to the percentage of vacancies: if this information is missing, the employee's claim shall be taken as the basis.

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Does this apply to old agreements?

Yes – but only if the employee requests it. If an employee with an older agreement requests an update in line with the new rules, the employer must supplement the agreement – ​​no later than two months after the request. This can be done, for example, in the form of an appendix to the existing agreement.

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Our recommendations

• Review the template : Many templates from before July 2024 are missing updated points.
• Use voucher structure : This provides flexibility and easier updates over time.
• Avoid overregulation : Be aware of what should be in the agreement itself and what can be regulated in separate documents – such as bonus or option schemes.

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Do you need assistance from a lawyer?

Insa lawyers have extensive experience in assisting both employees and employers with the design, review or negotiations related to employment relations. Contact a lawyer in employment law for a non-binding assessment of your case.

Selling a car privately usually goes well, but in some cases disagreements can arise afterwards. It happens that the buyer contacts the seller weeks or months after handover with demands for a price reduction, repairs, compensation or, in the worst case, cancellation of the purchase – often on the basis of alleged errors or defects. Such situations can be experienced as both unpleasant and confusing, especially when one believes that one has acted in good faith. Nevertheless, it is important to take such claims seriously and handle them in the right way.

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What does a claim mean?

A claim for a warranty means that the buyer claims that the car is not as agreed, or that it has a defect or defect. The seriousness of the defect is decisive for what rights the buyer has. In sales between private individuals, this is regulated by the Norwegian Sales Act. The law stipulates, among other things, that the goods must be in accordance with what has been agreed and what the buyer could reasonably expect, based on the car's age, price, mileage and general condition.

An important point is the "sold as is" clause, which is often used in private car purchases. Even with such a clause, the seller can still be held liable if:

• Incorrect information has been provided that has affected the purchase.
• Significant information known to the seller about whether the car has been impounded.
• The car is in significantly worse condition than the buyer had reason to expect based on the price and other conditions.

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When can the purchase be cancelled?

Cancellation of a car purchase is the most drastic consequence of a claim for damages. This means that the purchase agreement is cancelled, the buyer returns the car, and the seller refunds the purchase price. In order for a car purchase between private individuals to be cancelled, the defect must be "material". This is a high threshold and requires that the defect is of such a nature that it significantly affects the usability or value of the car, and that it cannot be repaired without disproportionate costs or inconvenience. Examples include serious engine defects, incorrect information about significant damage, or manipulated mileage.

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Your rights as a seller

As a seller, you also have rights. First and foremost, you are entitled to receive a specified and justified claim from the buyer. You also often have the right to try to remedy the defect yourself, if you accept that there is a fault. It is important not to acknowledge a claim without having considered the matter thoroughly. Many claims are undocumented or unreasonable, and it is entirely possible to reject them if they have no legal basis.

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When should you contact a lawyer?

If the claim is large, unclear, or the buyer is difficult to work with, you should seek legal advice. A lawyer can assess the case objectively and help you respond legally.

Many ordinary car insurance policies also include legal aid coverage that can cover a large portion of legal fees in disputes. The prerequisite is that the car was insured at the time of sale, and that there is a genuine dispute where the buyer has made a claim that you have disputed.

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Would you like help and guidance with your case? Contact our automotive lawyers for a no-obligation chat.

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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.

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Factual reason – a requirement in the Working Environment Act

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".

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What is considered poor work performance?

Poor performance can be due to several factors:

• Lack of efficiency or low production
• Repeated errors or lack of quality in work
• Inability to follow instructions or cooperate with colleagues
• Poor attendance or unreliability

But there must be a clear distinction between this and random errors, low motivation during periods or conditions that are due to the business.

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Employer's duty to follow up

Before a termination can be considered, the employer must have done their part to help the employee improve. This may include:

• Clear and concise feedback on what is not working
• Training, guidance or redeployment
• Time frame for improvement and documentation of development

If an employee is not given a real opportunity to rectify the situation, a dismissal will normally be invalid.

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What if you don't improve?

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.

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Right to be heard

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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Do you need help from a lawyer in employment law ? Contact us for a free video meeting and an assessment of your case.