NORWAY Law and Practice Contributed by: Harald Sætermo, LexOslo
ing the interests of the employer and the employee. Termination must be reasonable and appropriate in light of the circumstances. In redundancy situations, the employer must con - sider whether other suitable work is available and apply objective selection criteria. There is no general statutory principle requiring selection by seniority alone; selection must be based on an overall objec - tive assessment. Formal requirements apply to notices of termination, including requirements as to written form and proper delivery. The notice must include information on the employee’s right to request negotiations, initiate legal proceedings and remain in the position in certain cir - cumstances. It must also include information on the applicable time limits and identify the employer and the correct defendant in any dispute. Where termina - tion is based on circumstances relating to the under - taking, the notice must include information on any statutory preferential rights. Fixed-term employment relationships normally termi - nate at the expiry of the agreed period or completion of the agreed work, unless otherwise agreed in writ - ing. During the fixed-term period, the ordinary rules on termination and dismissal apply. For other employment relationships, the length of the notice period is primarily governed by statute. As a general rule, the statutory notice period is mutual and must be at least one month. For employees with longer periods of continuous service, the statutory minimum notice period is extended in accordance with the thresholds set out in the Working Environ - ment Act. Longer notice periods may also follow from the employment contract or an applicable collective agreement. Certain categories of employees enjoy enhanced dis - missal protection, including employees who are preg - nant, on parental leave, on sick leave or performing military service. Disputes concerning unfair dismissal are heard by the ordinary courts and may result in the dismissal being declared invalid or in compensation being awarded.
Compensation is assessed on a discretionary basis, taking into account the employee’s financial loss, the conduct of the parties and the circumstances of the case. Collective redundancies are subject to additional information and consultation requirements where at least ten employees are dismissed within 30 days for reasons not related to the individual employees. The employer must consult employee representatives as early as possible and provide relevant information, including the reasons for the redundancies, the num - ber of employees affected, the timeframe and the selection criteria. 4.5 Employee Representations The Working Environment Act contains provisions on the employer’s duty to provide information and con - sult with employee representatives. The general obli - gation applies to undertakings that regularly employ at least 50 employees, with both full-time and part-time employees included in the calculation. In matters of significance for employees’ work - ing conditions, the employer must inform and con - sult employee representatives. Norwegian law also requires information and consultation in a number of specific situations, including significant changes affecting employees, collective redundancies and transfers of undertakings. The obligation covers information concerning the cur - rent and anticipated development of the undertaking’s activities and financial situation. It also extends to the current and expected staffing situation and to deci - sions that may lead to significant changes in work organisation or employment conditions. In such cas - es, information and consultation must take place as early as possible. Exceptions apply where disclosure or consultation would clearly cause significant harm to the undertak - ing. Employee representatives may also be subject to a duty of confidentiality where necessary.
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