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Are you having problems at at work?

Feeling good at work is important! Unfortunately, many people face problems in the workplace, including unfair dismissals, vague contracts and poorly safeguarded employee rights.

Problems at work can feel difficult and unsafe, both personally and financially. Remember, you have the right to raise issues - and you have the right to be heard!

Norway has many fine laws and rights, and all employment relationships should basically have good arrangements for different situations. Unfortunately, this is not always the case for all parties, and conflicts can arise. We have experienced lawyers who can offer legal assistance and legal aid in employment law for both companies and private individuals throughout the country.

Are you in a difficult situation? Book a free meeting with our employment lawyers - and we'll find a solution together!

Our services under Employment law

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Frequently asked questions on Labour Law

What are the rules on dismissal and redundancy?

Dismissal is when an employer or employee terminates the employment relationship on legal grounds, in accordance with the employment contract and the Working Environment Act. A dismissal must be objectively justified, and may be due to circumstances related to the employee (e.g. lack of work performance), or circumstances related to the employer (e.g. downsizing).

Dismissal is a more serious form of termination of the employment relationship. Dismissal can occur when an employee has seriously breached the employment contract (for example, gross negligence or illegal actions).

How can a lawyer help with employment law issues?

A lawyer with experience in employment law can help employees and employers with advice and representation in employment law matters. This may involve helping with the drafting and interpretation of employment contracts, negotiating and mediating in conflicts, representing a party in connection with termination, dismissal and compensation cases, or providing guidance and advice on working environment and discrimination legislation.

What is an unfair dismissal?

For a dismissal to be valid, it must be factually justified and linked to conditions at the business, the employer or the employee. Examples of factual grounds for dismissal are reprehensible conditions on the employee's side such as embezzlement, persistent poor work performance despite good training, and the company's financial situation. If a dismissal is perceived as unfair, the employee can demand negotiations. The employee must notify the employer in writing within two weeks that the person in question requires negotiations. If the parties cannot agree, a lawsuit can be brought.

I have been dismissed without reason. What should I do?

Your employer must have a legitimate reason for dismissing you! Talk to a lawyer who can help you assess the way forward. Remember, it's always free to contact us!

What are my rights in the event of downsizing?

In the event of downsizing, you have several rights. The company must first draw up a downsizing plan and document the need for the downsizing. Redeployment in the business must always be assessed before downsizing is relevant. When choosing which employee gets to keep the job and who is dismissed, a concrete and factual overall assessment must be made. The assessment emphasizes, among other things, seniority, formal and real competence, personal suitability and social conditions.

Can I be entitled to free legal aid in an employment dispute?

You can get free legal aid in cases involving termination and dismissal. Talk to one of our employment lawyers who can help you assess the way forward. Remember that it's always free to contact us!

What does it cost?

We have made it as simple as possible. Our goal is for you to know exactly what help you're getting, at a price you understand.

Firstly, we always assess whether you are entitled to have the state, your insurance company or someone else cover all or part of your legal expenses.

Secondly, we have a price guarantee on all our assignments . This means that you get a maximum price in the quote, and the price guarantee means that the stated maximum price is the maximum price you will pay for the assignment. You will never pay more than the price stated in the quote.

In addition, we have a fixed hourly rate that applies to everyone: NOK 2100.

The hourly rate is inclusive of VAT for private individuals and exclusive of VAT for businesses.

Articles

Severance package and termination agreement – ​​Everything you need to know

Are you considering signing a severance package or have you been offered a severance agreement? Before you accept, you should know what your rights are, what you can negotiate, and what consequences the agreement may have on your finances, unemployment benefits, and future career.

In this guide, you will get a complete overview of what a termination agreement is, how the rules in the Working Environment Act work, and what you should consider before signing the agreement.

What is a severance package?

A severance package (also called a termination agreement or severance agreement) is a voluntary agreement between employer and employee to terminate the employment relationship on specific terms.

Instead of the employer carrying out a formal dismissal, the parties enter into an agreement that regulates:

  • End date
  • Salary during notice period
  • Possible exemption from work obligation
  • Severance pay (financial compensation)
  • Other rights and obligations

You are not automatically entitled to a severance package. The terms are determined through negotiation.

When is the final agreement offered?

Final agreements are often used for:

  • Downsizing
  • Reorganization
  • Workplace conflict
  • Long-term sick leave
  • Dispute whether a dismissal is objectively justified

For the employer, the agreement provides predictability and reduced risk of litigation. For the employee, it can provide financial security and a more controlled termination. However, it is important to remember that a termination agreement is voluntary – you are normally under no obligation to accept the offer.

What should a final agreement contain?

A well-drafted final agreement should be clear and detailed, with the following points being key:

1. End date : When does the employment relationship formally end? This affects salary, pension accrual and seniority.

2. Salary and work obligation during the notice period: Will you have to work during the period, or will you be exempt from work obligation? Many agreements mean that the employee is exempt from work, but receives salary as normal.

3. Severance pay: The severance package itself often consists of a severance pay – extra compensation above and beyond the ordinary salary during the notice period.

4. Holiday pay, bonuses and other benefits: The agreement should regulate earned but not paid holiday pay, as well as any bonuses and other benefits such as a car, telephone or insurance.

5. Certificate and references: Many employees are concerned about how their resignation is described. The agreement may include a statement about what type of certificate or reference should be provided.

How much is it common to get in a severance package?

One of the most common questions is: How large a severance package can I claim?

The size varies and is influenced by, among other things, how long you have been employed, age, position level, the possibility of getting a new job, and how strong the employer's grounds for dismissal are.

In other words, there is no definitive answer, but severance pay is often similar to:

  • 1–3 months' salary for short-term employment
  • 3–6 months' salary for longer seniority
  • Higher amounts for management positions or weak grounds for dismissal

If there is uncertainty related to the fairness and legality of the termination, this will often strengthen the employee's negotiating position and could provide a basis for increased financial compensation.

Severance package and unemployment benefits from NAV

An important issue is the right to unemployment benefits from NAV.

If you enter into a voluntary agreement to terminate your employment, it may lead to an extended waiting period before you receive unemployment benefits. NAV may consider this to mean that you yourself contributed to your becoming unemployed.

In addition, the size of the severance pay may affect the timing of when unemployment benefits can be paid.

These consequences should always be considered before the agreement is signed.

Tax on severance package

Severance pay is normally taxed as ordinary income. This means that advance tax is deducted and the amount is included in your ordinary income.

Larger payments may have an impact on the marginal tax for the year in question. The timing of payment may therefore be relevant to discuss when concluding an agreement.

It is also important to consider how the agreement affects:

  • Pension accrual
  • Insurance schemes
  • Any stock or option agreements

When should you be extra careful?

You should be especially careful if you:

  • Is on sick leave
  • Are pregnant or on parental leave
  • Has long seniority
  • Have little time left until retirement
  • Do you think the dismissal is unfair?

In such cases, you may have strong job security, and it may be financially disadvantageous to accept a low severance package.

Should you negotiate your severance package?

In most cases – yes.

An initial offer is rarely final. You can ask for:

  • Reflection time
  • Adjustment of severance pay
  • Clarification of bonus or other rights
  • Coverage of legal expenses

Once the agreement is signed, it is binding, so it is essential that you fully understand its content and consequences.

Get help from an experienced lawyer

A final agreement can have significant legal and financial consequences, often waiving the right to file a claim later. A lawyer can assess whether the offer is reasonable, strengthen your negotiating position, and ensure that the agreement protects your interests.

In many cases, the employer also covers the costs of legal assistance. It may be natural to request this as part of the negotiation.

At Insa lawyers you can get assistance from an experienced lawyer in employment law who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings. Contact us for a free consultation.

Employment contract requirements – a complete guide

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.

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.

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 .

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.

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.

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.

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.

Written warning from employer

What is a written warning?

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.

When is a warning relevant?

There is no set rule for when to give a warning, but there are several typical situations where it is appropriate:

  • If the employee repeatedly fails to follow routines or is late for meetings.
  • Unprofessional behavior towards colleagues or customers.
  • If previous verbal feedback has not led to improvement.
  • In serious circumstances such as breaches of security rules or trust, one should consider whether a warning is appropriate, or whether the matter requires more stringent measures.

The difference between a verbal and written warning

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.

What should a written warning contain?

A well-worded warning should:

  • Have a clear heading that shows that it is a formal warning.
  • Describe the event or behavior being responded to.
  • Explain what is expected of the employee going forward.
  • Inform about what may happen if the situation does not improve, such as dismissal.
  • Dated and preferably signed by both the employer and the employee, or sent in a way that documents that it has been received.

How should the employer proceed?

  1. Investigate first: Make sure you have a clear picture of the situation before you react. Feel free to talk to the employee and hear their side.
  2. Inform and provide an opportunity for explanation: The employee should be given the opportunity to explain himself before a warning is given.
  3. Formulate the warning in writing: Be specific, clear and factual.
  4. Follow up: Provide support and time for improvement. The warning should be a tool for change – not a punishment.

How long is a warning valid?

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.

Do warnings have any significance in the event of termination?

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.

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