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!
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).
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.
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.
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!
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.
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!
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.
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.
Do you need help from a lawyer in employment law ? Contact us for a free video meeting and an assessment of your case.
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.
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:
You are not automatically entitled to a severance package. The terms are determined through negotiation.
Final agreements are often used for:
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.
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.
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:
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.
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.
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:
You should be especially careful if you:
In such cases, you may have strong job security, and it may be financially disadvantageous to accept a low severance package.
In most cases – yes.
An initial offer is rarely final. You can ask for:
Once the agreement is signed, it is binding, so it is essential that you fully understand its content and consequences.
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.
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.
The amendments to the law were intended to ensure more detailed and predictable working conditions. The rules include:
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.
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:
This follows from Section 14-6 of the Working Environment Act .
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.
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.
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.
Book a free video consultation with us here.
We will send you a non-binding offer with a price guarantee and a probability percentage that you will win the case.
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