Help, I've been made redundant - a concise guide to your rights

Have you received a notice of termination from your employer and are wondering if it is illegal?

We have strong job protection in Norway, which means that it takes a lot for an employer to dismiss an employee. If you believe that the dismissal is illegal, you can contest it. A dismissal will be unlawful if it is not objectively justified and well documented. An employer's dismissal is mainly based on the company's circumstances or the employee's circumstances. Termination due to the company's circumstances is usually downsizing or downsizing of operations. Dismissal due to the employee's circumstances is due to a breach of the employment contract. It is the employer who has the burden of proof that the dismissal is justified. Both the employer's and the employee's interests must be taken into account when assessing whether the dismissal is justified. The grounds for dismissal must be compelling, and the decision must be made after thorough case processing.

Have you been dismissed due to circumstances on your side?

If your employer has dismissed you due to circumstances on your part, the employer must have given you the opportunity to improve your performance prior to the dismissal. For example, the employer may have talked to you about this or given you warnings. If you have not been given this opportunity, this could lead to the dismissal being defective and illegal. 

What is required for the termination to be valid?

In order for the employer to be able to dismiss you legally, the procedure must be in order. The employer must have held a discussion meeting with you, weighed up your interests and sent you a formal notice of termination. After you have received a notice of termination, you can request a negotiation meeting.

Why does the employer have to hold a discussion meeting with you before giving notice?

Before your employer can dismiss you, they must call you in for a discussion meeting. We recommend that you bring an advisor, such as a union representative or a lawyer, to the meeting so that you receive legal advice and support during the meeting. The purpose of the discussion meeting is to ensure the best possible correct basis for a possible dismissal. 

During the meeting, the employer presents its grounds for possible dismissal of you. As an employee, you can also counter the employer's grounds for dismissal. For example, you can point out deficiencies in training or social conditions that make it extra burdensome for you to lose your job. At the end of the discussion meeting, a protocol should be drawn up and signed by both parties and their advisors. 

If the employer does not invite you to the discussion meeting or hold it, this could be considered a serious procedural error. This could have the consequence that the termination is considered illegal.

What happens after the discussion meeting has been held?

Following the discussion meeting, the employer must weigh up the employer's need to terminate your employment against the disadvantages you will suffer by being dismissed. If the employer concludes that the employer's needs outweigh the disadvantages you suffer, the employer can proceed with the dismissal process.

What should a notice of termination contain?

If the employer decides that you should be dismissed, the employer must give you a written notice of termination, either in person or by registered letter. The notice of termination must contain information about your right to demand negotiations and take legal action, the right to continue in the position, various deadlines and who is the employer and rightful defendant in any dispute. If you receive the notice of termination from your employer, you should carefully review the content of the notice. It may also be a good idea to ask the employer to provide a reason for the termination.

What notice period am I entitled to?

Unless otherwise stipulated in the employment contract, collective agreement or special rules in the Working Environment Act, the notice period will be one month.

What do I do if I think the termination is invalid?

If you believe that the notice of termination you have received is invalid, you have the right to demand negotiations within two weeks of receiving the notice of termination. The employer must ensure that the negotiation meeting is held within two weeks of the claim being received. It may be a good idea to bring a counsellor to the negotiation meeting. The purpose of the negotiation meeting is to conduct real negotiations between the employer and the employee to clarify whether the parties can reach an amicable solution. As long as the negotiations are ongoing between you and the employer, you will have the right to continue in the position. Once the negotiations are complete, a protocol will be drawn up and signed by both parties and their advisors.

If the negotiations are unsuccessful and you wish to proceed with the case, the deadline for filing a lawsuit is eight weeks after the negotiations have ended. If you're only claiming compensation from your employer, the deadline is six months.

Why should I choose Advokatfirmaet Halvorsen & Co?

At Advokatfirmaet Halvorsen & Co, we have extensive experience in advising and negotiating termination processes. Our lawyers are able to offer you customised legal advice and assistance throughout the process to ensure that your rights are protected in the event of termination. Having an experienced lawyer as your legal advisor in a termination process can be crucial in your case.