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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!

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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.

Called to a discussion meeting? Everything you need to know

Being called to a discussion meeting is something most employees hope to avoid. Yet it happens to many employees in Norwegian employment every year. Uncertainty about discussion meetings, termination and rights under the Working Environment Act is completely normal. That is precisely why we have created this thorough guide. Here you will find a detailed and updated overview of:

  • What is a discussion meeting?
  • When the employer can call a discussion meeting
  • What rights do you have under Norwegian law?
  • How you should prepare
  • What can happen after the meeting?
  • When a dismissal may be unfair

The goal is for you to feel better prepared if you are ever called to a discussion meeting.

What is a discussion meeting?

A discussion meeting is a legally required meeting between the employer and employee that must be held before a decision is made regarding termination or dismissal.

The obligation follows from Section 15-1 of the Working Environment Act . The provision states that the employer, as far as is practically possible, shall discuss the issue of dismissal with the employee before a decision is made.

Purpose of the discussion meeting

The purpose of a discussion meeting is to ensure:

  • That the matter is sufficiently informed
  • That the employee can explain his side
  • That the employer does not make a hasty decision
  • That the process is fair and just

A discussion meeting is therefore part of the dismissal procedure. It is not the dismissal itself.

Important: You are not dismissed just because you have been called to a discussion meeting. The meeting must be held before the employer reaches any conclusions.

Why are you being called to a discussion meeting?

There are several situations where an employer can call a discussion meeting. These are generally divided into two main categories: employee-related and business-related.

1. Discussion meeting due to employee's circumstances

This may apply, for example:

  • Alleged breach of employment contract
  • Collaboration problems or conflicts
  • Failure to achieve goals or poor performance
  • Violation of internal procedures or guidelines
  • High or problematic absence

In such cases, the employer will often believe that there is objective reason for termination. The discussion meeting gives you the opportunity to correct factual errors, explain the background or document circumstances that the employer is not aware of.

2. Discussion meeting in the event of downsizing or reorganization

Discussion meetings are also used when termination is considered due to business circumstances, for example:

  • Downsizing
  • Reorganization
  • Restructuring
  • Economic challenges

In such cases, it is not necessarily about something you have done, but about the company's need to reduce staffing.

The reason for the meeting must be stated in the notice. If you find that the notice is unclear or incomplete, you have the right to request a further explanation before the meeting takes place.

What should a notice of a discussion meeting contain?

A proper notice of a discussion meeting should be in writing and clearly worded. It should contain at least:

  • Time and place of the meeting
  • What the case concerns
  • That the meeting is a discussion meeting pursuant to the Working Environment Act
  • Information about your right to bring an advisor

In some cases, inadequate notice can weaken the employer's case management. An orderly process is important if the case is later considered legally.

Right to have an advisor present at the discussion meeting

Many people ask: Do I have the right to have a lawyer present at the discussion meeting? The answer is yes.

According to the Working Environment Act, you can bring an advisor. This can be a shop steward, union representative, lawyer or other support person. The advisor's role includes:

  • Ensure that the meeting runs smoothly
  • Ask clarifying questions
  • Help ensure that your rights are protected
  • Help you formulate yourself precisely

In cases involving possible dismissal, gross breach of duty or complicated conflicts, legal assistance can be particularly important.

How to prepare for a discussion meeting – step by step

Good preparation can be crucial to the outcome. Many people underestimate how important this is.

1. Review your employment agreement

Read carefully:

  • Job description
  • Job duties
  • Target requirements or performance requirements
  • Any personnel manuals or guidelines

This gives you an overview of what you are actually committed to.

2. Collect relevant documentation

Documentation can be crucial if there is a dispute about fact. Collect:

  • Emails
  • Meeting minutes
  • Previous warnings
  • SMS or other written communication
  • Documentation of work performance

3. Make a written statement

Write down your version of the story. Stick to:

  • Timeline
  • Specific events
  • Documentable conditions

Avoid speculation and emotionally based arguments – stick to the facts.

4. Assess the severity

Ask yourself some control questions:

  • Have I received written warnings before?
  • Has the employer documented dissatisfaction?
  • Have I been given real opportunity for improvement?
  • Is this the first time the situation has been brought up?

The more serious the situation, the more important it may be to contact a lawyer with expertise in employment law before the meeting.

How does a discussion meeting take place in practice?

A discussion meeting should be a real dialogue, not a formality.

Typically, the meeting will take place as follows:

  1. The employer explains the background
  2. Documentation and events are reviewed
  3. You will have the opportunity to explain yourself.
  4. Questions and clarifications are taken
  5. Further process will be informed about

A report is normally written. Read this carefully before signing. If you disagree with the presentation, you should request that your comments be recorded in writing.

You are under no obligation to sign a report that you believe is incorrect.

What can happen after the discussion meeting?

After the discussion meeting has been completed, the employer must make an assessment before any decision is made. Possible outcomes may be:

  • The case is closed without further action.
  • Written warning
  • Relocation or change in work duties
  • Resignation
  • Dismissal (in case of gross breach of duty)

Strict formal requirements apply when terminating an employment contract. The termination letter must include information about:

  • The right to demand negotiation
  • Litigation deadlines
  • The right to stand in office

The deadlines for contesting a dismissal are short, so it is important to react quickly if you believe the dismissal is unfair.

When is a dismissal unfair?

For a dismissal to be valid, it must be objectively justified. The courts make a comprehensive assessment that takes into account both the employer's needs and the employee's situation.

A dismissal may be unfair if:

  • The factual basis is weak or incomplete
  • The case processing has not been proper.
  • Discussion meeting not conducted correctly
  • You haven't been given the opportunity to improve.
  • Less invasive measures have not been considered
  • There is discrimination or retaliation after reporting

A missing or inadequate discussion meeting may in some cases affect the validity of the termination. You can read more about objective grounds for termination here .

Discussion meeting on downsizing

Special rules apply when downsizing. Even if the reason lies with the company, you still have the right to a discussion meeting before termination is decided.

The employer must, among other things, be able to document:

  • Real need for downsizing
  • Objective and consistent selection criteria
  • That other suitable work has been considered

If you believe the selection is unfair, there may be grounds for contesting the dismissal.

In the process of negotiating a severance package? Read more here .

In summary

A discussion meeting is a central part of the dismissal process in Norwegian employment. Although the situation can be stressful, the Working Environment Act gives you clear rights and important protection.

With proper preparation and a good overview of the regulations, you will be in a much stronger position if you are called to a discussion meeting.

Get help from an experienced lawyer

At Insa advokater you can get assistance from an experienced lawyer in employment law who knows the regulations and can help you with everything from advice to mediation and possible legal proceedings. If you are unsure - 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.

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