Lawyer within employment law

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.

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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.

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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.

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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.

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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.

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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.

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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.

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.

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What does “reasonable grounds” mean?

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.

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Three main categories of termination

1. Business conditions

Layoffs due to business circumstances often involve finances, reorganization, or efficiency improvements. Examples include:

• Downsizing: Reduction in staffing due to lower revenues, changing market conditions, or the need for cost cuts.
• Restructuring: Changes in the company's organization that make certain positions redundant.
• Technological development: Introduction of new technology can reduce the need for manual labor.

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.

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2. Employer's relationship

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.

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3. Employee's conditions

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:

• Lack of work performance
• Repeated absence without valid reason
• Inappropriate behavior in the workplace

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.

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Special protection in specific situations

In certain situations, employees have extra strong protection:

• Illness: An employee who is on sick leave cannot, as a general rule, be dismissed within 12 months.
• Pregnancy and leave: Termination cannot be justified by pregnancy or parental leave.
• Military service: Protection against dismissal also applies to statutory absences.

In such cases, the employer must be able to prove that the termination is not related to the protected relationship.

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Process and documentation requirements

For a termination to be valid, the employer must follow clear procedures:

1. Discussion meeting: Before a decision to terminate employment is made, the employee must, as a clear general rule, be given the opportunity to explain himself.
2. Written notice of termination: The notice of termination must contain a justification if the employee requests it, information about the right to demand negotiations and legal action, and be delivered in person or by registered mail.
3. Documentation: All communications, warnings and internal assessments should be documented.

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What happens when there is disagreement?

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.

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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.

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What does probation mean?

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.

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When can you be dismissed during the probationary period?

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:

• Adaptation to work
• Professional excellence
• Reliability
• Another factual reason

Dismissal on other grounds such as illness, pregnancy, union membership or other trivial matters is not permitted – even during the probationary period.

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What is the notice period 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.

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How should a dismissal be carried out?

The termination itself must be in writing and must contain:

• Information about the right to demand negotiations and lawsuits
• The deadlines for doing this
• Who is the employer?
• Any right to hold the position

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.

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The employer has an obligation to be active during the probationary period.

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.

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Can you contest a dismissal during the probationary period?

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.

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What if an employee wants to resign?

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.

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Advice if you are in a redundancy situation

• Request a written justification for the termination.
• Check the employment contract carefully – especially whether a probationary period has been agreed, and what it says about notice periods.
• Respond within the deadlines if you believe the termination is invalid.

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.

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