Lawyer within employment law

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.

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.

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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