Can my boss dismiss me? These are the rules

Yngvil Mortensen

foreignworkers@lomedia.no

Lene Svenning

This is what you need to know about dismissal.

Can my boss dismiss me?

Yes. Your boss can dismiss you with the result that you lose your job.

However: your employer must have a good reason for dismissing you. The law calls this “reasonable grounds”.

If your employer does not have reasonable grounds the dismissal will be unlawful.

What would be situations in which “reasonable grounds” exist for a dismissal?

That the company needs to reduce its workforce because it is not getting enough work, or that it is making such heavy losses that there is a real danger that the company will have to close down.

Or that you yourself are in serious breach of your contract of employment with your employer.

Might I have to leave my job on the same day?

You can be dismissed summarily without notice if you have committed what is called a gross breach of duty or other serious breach of the contract of employment.

Examples of this include financial misconduct, violence or taking drugs or consuming alcohol in the workplace.

If you are dismissed summarily, you must leave your job on the same day, and you do not have the right to “remain in post” even if you protest against your summary dismissal.

Does my boss have to tell me why the company is dismissing me with notice before it does so?

Yes. This is a requirement under Section 15-1 of the Working Environment Act.

The employer must discuss a possible dismissal with the person in question before giving them notice.

At this meeting you will talk about why the company intends to give you notice of dismissal.

Does my notice of dismissal have to be in writing?

Yes. The notice of dismissal must be in writing. It must be delivered to the recipient in person or sent by registered mail.

And it must provide information on your right to demand negotiations with and bring legal action against the employer.

What happens if I disagree with the dismissal?

If you don’t accept the notice of dismissal, you must demand negotiations with the employer.

You must do so in writing and no later than two weeks after receiving the notice of dismissal.

After receiving the demand, your employer must ensure that a meeting is held within two weeks.

You have the right to be accompanied at the meeting by an adviser, for example a union rep.

Minutes of the meeting must be recorded detailing the points on which you agree or disagree. The minutes must be signed by both parties.

What happens if we don’t come to an agreement?

If you and the employer are not able to reach agreement through negotiations you have the right to bring legal action, in other words, go to the courts to keep your job.

You must bring your legal action no later than eight weeks after the negotiations were concluded. If you are claiming compensation rather than reinstatement in your job, the time limit is six months.

If I receive notice of dismissal and bring legal action, will I continue to be employed while the legal proceedings are ongoing?

If you are a permanent employee and bring legal action within the time limit and the court rules that you can remain in post, then the answer is “yes”.

If you are engaged on a trial period, the answer is “no”.

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Can the boss dismiss me because I am off sick?

No. Not for the first 12 months that you are on sick leave.

It is unlawful for the employer to use sickness a reason for dismissal.

If you are still on sick leave after 12 months you can be dismissed with notice.

However, the employer must be able to document that efforts have been made to adapt your work situation and that it is unlikely that you will be able to return to work within a reasonable time.

If I have been made redundant do I have the right to a new job with the company?

If there are other vacancies within the company, you may be entitled to a new position.

This will apply if you were made redundant because the company had no choice but to, for example, downsize.

You must be qualified for the post.

You retain this right for 12 months after the period of notice comes to an end.

To have this right you must have been employed for at least 12 months in the course of the last two years.

What is the notice period?

The notice period is the period when you are given notice of dismissal until you actually leave your job.

How long is the notice period?

The notice period usually starts on the first day of the month after notice of dismissal has been given.

• If you are working a trial period, the notice is 14 days.

• If you have been employed for less than five years, the notice period is 14 days.

• If you have been employed for between five and 10 years, the notice period is two months.

• If you have been employed by the company for more than 10 years it will vary between three and six months, depending on your age.

If you give in your notice, the notice period will never be longer than three months.

NB: These rules apply only where nothing else has been agreed.

Do I have the right to be paid during the notice period?

Yes. You must both work and receive pay during the notice period.

Do I have the right to receive free legal advice if I believe that my notice of dismissal was unlawful and decide to sue my employer?

LO members may be eligible for free legal assistance from their union or LO lawyer.

Do I have the right to receive unemployment benefit from Nav (the Labour and Welfare Administration) if I am dismissed?

Yes, you receive unemployment benefit – also called a daily subsistence allowance – from Nav.

Nav’s advice is that you apply two weeks before the last date on which you are entitled to wages

You will receive the daily subsistence allowance from the first day that you are entitled to receive it.

However: If you yourself are responsible for your dismissal you will not receive the daily subsistence allowance for the first 18 weeks.

Source: Lovdata, Norwegian Labour Inspection Authority (Arbeidstilsynet), HK

Translated by Robert Lovering

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