Employees of the national authorities have their own regulations through the Civil Servant Act. For seamen and workers engaged for hunting and fishing, the Seaman Act will apply.
How shall a dismissal be handled?
According to the Working Environment Act, a dismissal is correctly implemented when the following conditions are met:
The notice of dismissal shall be in writing, whether it originates from the employer or the employee.
The dismissal from the employer shall be delivered the employee in person or forwarded by registered mail to the address given by the employee.
The notice shall inform of
a) the employee’s right to demand negotiations and to institute legal proceedings,
b) the employee’s right to remain in his post pursuant to the provisions of sections 17-3, 17-4 and 15-11 of the Act,
c) the time limits applicable for requesting negotiations, instituting legal proceedings and remaining in a post, and
d) the name of the employer and the appropriate defendant in the event of legal proceedings.
If the employee has been dismissed owing to circumstances relating to the undertaking, the notice shall also contain information concerning preferential rights pursuant to section 14-2 of the Act.
- A dismissal from the employer shall state the reason for the dismissal when the employee wants such information.
- A dismissal is not effective until it has reached the other part. The time of receiving can be of importance regarding to the start and finishing of the notice.
- A dismissal from the employer must be founded on facts.
The notice is counted in whole calendar months with start at the first day in the month after the dismissal was delivered.
If not other is agreed upon in written form, it is one-month notice on either side.
The Act contains unalterable regulation regarding notices from 2 to 6 months, depending on the employee’s appointment time and age.
An employee who means that the dismissal is unlawful, may claim negotiations with the employer and if necessary sue the employer.
An employee who is retired from a position after a legal dismissal shall have a written testimonial. This testimonial shall minimum contain information regarding the employee’s name and date of birth, as well as the working tasks, and the time period in the position.
The employer can only dismiss an employee instantaneous if the employee is guilty in a serious dereliction of duty or other serious breakage of the working agreement.
If the employee is not against it, the employer shall first inform the employee’s representative. The dismissal shall be in written form, and the employee has a right to get information concerning the employee’s right to claim negotiations, bring a suit against the employer and what deadlines that is effective.
The employee has no right to continue in his position during the hearing of the dispute if not the curt have stated otherwise in a verdict.
You will find the regulation concerning dismissal in the Working environment Act chapter 15.
The Norwegian Labour Inspection Authority can give advice and information regarding rules and regulation related to the Working Environment Act.
Last changed: 13/01/2010 Print