Norwegian labor law sets strict requirements for documentation when employees are terminated. Some of the requirements follow directly from the law, while others are strongly recommended to ensure a safe and orderly process.
The employer bears the burden of proving that a termination is justified if the matter goes to court. This is why thorough documentation throughout the process is essential to prevent future disputes. Let's go through what documentation you must have in place if terminating employment.
The grounds for employment termination
Before initiating a termination process, you must ensure justified grounds for termination. You need both a valid reason and be able to document that reason.
The required documentation depends on the grounds for termination. For performance-related terminations, you should maintain records such as performance reviews, evaluation forms discussed with the employee, meeting protocols or other documented feedback supporting your assessment.
For terminations due to downsizing or restructuring, the company should document the planned organizational changes and the selection criteria used to determine which employees will be terminated. You must also document how employees were evaluated against these criteria. When more than 10 employees face redundancy, you must consult with employee representatives before implementing the terminations. These consultations should be documented with detailed meeting minutes.
Also read: Dismissals in Norway—5 common mistakes
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Discussion meeting
The Working Environment Act mandates a discussion meeting before any termination. While the law doesn't specify procedures for convening or documenting the meeting, proper notice before and minutes from the meeting are crucial elements of the termination process.
Provide the employee with written notice of the discussion meeting well in advance. The notice should inform the employee of their right to bring a representative to the meeting.
Following the meeting, prepare written minutes documenting what was discussed. All attendees should sign these minutes.
If the discussion meeting is not adequately documented, this may affect how much compensation the employee can claim if the case ends up in court.
The letter of termination
The law establishes strict requirements for termination letter content.
Firstly, the employer must deliver the letter to the employee in person or send it by registered mail.
The letter must contain the following information:
- The employee's right to demand negotiations, and that this must be demanded within 14 days
- The employee's right to go to court, and the deadlines that apply for claiming invalid termination and compensation
- The employee's right to continue in the job during the trial, if applicable, and the deadline for claiming this
- Who is the employer and who may be sued in a dispute.
- The employee's right to preferential rights for a new job, if applicable. If the company is part of a company group, all companies in the group must also be stated.
We recommend including the termination date and applicable notice period in the termination letter. Note that notice periods may vary based on probationary status, seniority, and age. The letter typically includes termination reasons when termination results from organizational changes.
The employee can also demand that the employer state the reasons for the termination in writing.
A termination letter lacking legally required information may be deemed invalid. This could require the employer to issue a new termination letter, thus extending the notice period. Additionally, the employee may claim compensation for the defective termination.
The legal risks of employment termination mistakes
The terminations process is a complex process requiring careful planning and documentation. Norwegian labor law imposes strict requirements for both procedures and documentation throughout the entire process.
Key points to remember
- Establish valid grounds and documentation before beginning
- Conduct a proper discussion meeting with thorough documentation
- Ensure the termination letter contains all legally required information
Errors in the termination process can result in serious legal and financial consequences. If you're uncertain about any aspect of the process, we strongly recommend consulting with an employment law specialist.
Need legal assistance with a termination case? Contact us for a no-obligation consultation about your situation. We have extensive experience in employment law and can guide you through the entire process.
NEED HELP WITH EMPLOYMENT TERMINATION?
Our labor lawyers have solid experience in helping companies with termination processes. Reach out today.
