{"id":136744,"date":"2026-04-07T13:44:09","date_gmt":"2026-04-07T13:44:09","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=136744"},"modified":"2026-04-07T13:44:09","modified_gmt":"2026-04-07T13:44:09","slug":"norway-employment-and-labour-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/norway-employment-and-labour-law\/","title":{"rendered":"Norway: Employment and Labour Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-136744","comparative_guide","type-comparative_guide","status-publish","hentry","guides-employment-and-labour-law","jurisdictions-norway"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Advokatfirmaet Bull AS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/Bull-logo-vs3-pos.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Advokatfirmaet Bull AS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/Bull-logo-vs3-pos.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Employment and Labour Law laws and regulations applicable in Norway<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does an employer need a reason to lawfully terminate an employment relationship? If so, state what reasons are lawful in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In Norway, an employer must have a valid ground to lawfully terminate an employment relationship.<\/p>\n<p>Under section 15-7 of the Working Environment Act (Norwegian: Arbeidsmilj\u00f8loven), a termination with notice is only valid if it is objectively justified by circumstances relating to (i) the undertaking (business-related reasons) or (ii) the employee (individual reasons). The employer must be able to substantiate both the genuine need for termination and that the process was fair, structured and properly documented. Failure to do so increases the risk of disputes and litigation, including claims that the termination is invalid and claims for compensation.<\/p>\n<p>Termination based on business-related reasons (redundancy)<\/p>\n<p>To meet the objective justification requirement in redundancy processes, Norwegian law imposes the following key requirements, in summary:<\/p>\n<ul>\n<li>Justified business need. There must be a genuine business need, and the employer must be able to document the rationale (for example reorganisations, cost-saving measures, changes in operational needs or production volumes, or that positions and tasks are discontinued or relocated). Employers are expected to consider whether less intrusive measures could achieve the purpose.<\/li>\n<li>A justified \u2018selection pool\u2019. The selection of employees for termination must be made from a justified pool of employees (the \u2018selection pool\u2019). The starting point is that the selection pool is the entire legal entity in Norway (the employing company), not only the affected department or role. A smaller pool, for example limited to a location or business unit, may be accepted where there are objective reasons for limiting the pool and the limitation is properly assessed and documented.<\/li>\n<li>Objective \u2018selection criteria\u2019. Selection within the selection pool must be based on justified criteria. The criteria should be determined in advance and applied consistently in a manner that can be documented. Any applicable collective bargaining agreement may affect which criteria that has to be considered and how they are weighted. In any event, the decision should be based on an objective overall assessment of several criteria, including seniority (length of service), competence\/skills (formal and practical), performance and weighty social considerations.<\/li>\n<li>Assessment of suitable alternative work. Even where a position is discontinued, the employer must assess whether other suitable work is available for the employee within the undertaking. As a result, employees whose roles are removed may, in certain circumstances, be considered for (and compete for) remaining roles for which they are qualified, which may affect who is ultimately selected for redundancy. Where the employer forms part of a corporate group, the duty to offer suitable alternative work may extend to relevant vacancies in other group companies.<\/li>\n<li>Individual assessments and balancing of interests. Each employee at risk must be assessed individually before a final termination decision is made. This includes a concrete assessment of the impact on the employee, weighed against the employer\u2019s legitimate need to implement the redundancy measure.<\/li>\n<li>Procedural requirements are followed. This includes timely information and consultation with employee representatives before the selection pool and selection criteria are determined, as well as individual discussion meetings with affected employees before any final selection and termination decision is made. In group company situations, additional rules may apply, including requirements to establish a group-level cooperation\/consultation body before the decision making. Any applicable collective bargaining agreement may also impose additional consultation and process requirements.<\/li>\n<\/ul>\n<p>Failure to comply with these requirements increases the risk of disputes and litigation, including claims that the termination is invalid and claims for compensation. Employees terminated due to redundancy also, as a general rule, have a statutory preferential right to re-employment if the employer makes new hires and the employee is qualified. This right generally applies for one year from the expiry of the notice period.<\/p>\n<p><strong>Termination based on individual reasons (employee-related)<\/strong><\/p>\n<p>Employee-related terminations must also be objectively justified. The courts apply an overall and case-specific assessment, where the employer\u2019s legitimate need to terminate is weighed against the consequences for the employee (including whether termination appears proportionate in light of the conduct\/performance issue and how the employer has handled the matter).<\/p>\n<p>Grounds that may justify termination, depending on the circumstances, typically include:<\/p>\n<ul>\n<li>persistent underperformance over time (normally following clear expectations, adequate training\/support, performance management and, where appropriate, written warnings);<\/li>\n<li>refusal to comply with lawful and reasonable instructions;<\/li>\n<li>breaches of the duty of loyalty and other disloyal conduct (including conflicts of interest);<\/li>\n<li>unjustified absence; and<\/li>\n<li>harassment or other improper conduct in the workplace.<\/li>\n<\/ul>\n<p>As a general rule, the employer should assess whether the situation can be addressed through less intrusive measures (for example guidance and follow-up, adjusted duties, performance improvement plans and written warnings) and whether suitable alternative work can be offered. Certain scenarios are also subject to specific statutory protections and additional conditions, including termination during sick leave. Please see question 12-14 below for further information on this. For termination of employment during the initial probation period, please see question 4.<\/p>\n<p>Procedurally, individual terminations require at least a consultation meeting with the employee before a decision is taken, and strict formal requirements apply to the written notice of termination. If the employee challenges the termination, the employee will, as a main rule, have a right to remain in post pending final resolution.<\/p>\n<p><strong>Summary dismissal (termination with immediate effect)<\/strong><\/p>\n<p>An employer may summarily dismiss an employee under section 15-14 of the Working Environment Act if the employee has committed a gross breach of duty or other material breach of the employment contract. The threshold is high, and the employer bears the burden of proof.<\/p>\n<p>Examples that may justify summary dismissal include serious dishonesty (for example theft\/embezzlement), violence or threats, severe harassment, significant unauthorised absence, grave disloyalty, or clear and serious insubordination. The employer must also consider proportionality and whether termination with notice would be sufficient.<\/p>\n<p>Procedurally, summary dismissals also require at least a consultation meeting with the employee before a decision is made, and the same strict formal requirements apply to the written notice of termination.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, additional considerations apply if large numbers of dismissals (redundancies) are planned?  How many employees need to be affected for the additional considerations to apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A collective redundancy triggers specific statutory obligations in Norway, primarily relating to early information and consultation with employee representatives and notification to the Norwegian Labour and Welfare Service (\u2018NAV\u2019), cf. Section 15-2 of the Working Environment Act.<\/p>\n<p><strong>When do the collective redundancy rules apply?<\/strong><\/p>\n<p>A collective redundancy arises where notice of termination is given to 10 or more employees in the same entity within a 30-day period, and the terminations are not warranted by reasons related to the individual employees, cf section 15-2 of the Working Environment Act.<\/p>\n<p>In addition, other forms of termination of employment relationships that are not warranted by reasons related to the individual employee must also be included in the count, provided that at least five employees are dismissed. In practice, this may include, for example, early retirement arrangements and situations where an employee resigns in return for a specific compensation.<\/p>\n<p><strong>Key additional obligations<\/strong><\/p>\n<p>The statutory duties are triggered at the stage where the employer considers\/plans collective redundancies, and there is still genuine scope to influence the outcome.<\/p>\n<p><strong>Consultations with employee representatives<\/strong><\/p>\n<p>The employer must, as early as possible, initiate consultations with employee representatives with a view to reaching an agreement to avoid collective redundancies or reduce the number of dismissals. If redundancies cannot be avoided, the employer must seek to mitigate the adverse consequences, including by discussing possible social measures to support redeployment and retraining\/upskilling. Employee representatives are entitled to be assisted by experts. The duty to consult applies even where the contemplated redundancies are initiated by parties exercising control over the employer.<\/p>\n<p>Where the employer is planning to close down the business, or an independent part of it, and this would result in collective redundancies, the consultations must also address whether operations can be continued in some form, including whether the activities could potentially be taken over by employees.<\/p>\n<p><strong>Written information to employee representatives \u2013 mandatory content<\/strong><\/p>\n<p>The employer must provide employee representatives with all relevant information, including a written notice covering:<\/p>\n<ul>\n<li>the reasons for the contemplated redundancies;<\/li>\n<li>the number of employees who may be dismissed and the employee categories\/functions affected;<\/li>\n<li>the number of employees normally employed and which employee categories are normally engaged;<\/li>\n<li>the period over which dismissals may be carried out;<\/li>\n<li>proposed selection criteria; and<\/li>\n<li>any proposed criteria for calculating extraordinary severance pay (if relevant).<\/li>\n<\/ul>\n<p>The written notice must be provided as early as possible and, at the latest, at the same time as the employer convenes the first consultation meeting.<\/p>\n<p><strong>Notification to NAV (and employee comments)<\/strong><\/p>\n<p>The employer must send the corresponding written notice to the NAV at the same time as employee representatives are convened. Employee representatives may submit comments directly to NAV.<\/p>\n<p>Timing consequences (30-day rule). Collective redundancies cannot take effect earlier than 30 days after NAV has been notified. NAV may extend this deadline pursuant to the rules in the Labour Market Act. Failure to notify NAV therefore carries a clear economic and operational risk, as the effective date of terminations may be delayed<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, additional considerations apply if a worker\u2019s employment is terminated in the context of a business sale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The employment law implications of a business sale in Norway depend primarily on whether the transaction is considered as a transaction that qualifies as a\u00a0transfer of undertaking\u00a0(change of employer) under Chapter 16 of the Working Environment Act.<\/p>\n<p><strong>Share sale (sale of shares in the employing company) <\/strong><\/p>\n<p>A share sale does not trigger the statutory transfer of undertaking regime, as the employing legal entity remains the same. As a starting point, employees\u2019 employment relationships continue unchanged, and the sale in itself does not provide grounds for termination. Additional obligations may nonetheless follow from collective bargaining agreements, co-determination arrangements or internal policies.<\/p>\n<p><strong>Transactions constituting a transfer of undertaking<\/strong><\/p>\n<p>An asset sale (and, depending on structure, certain mergers, demergers or similar reorganisations) may constitute a transfer of undertaking under Chapter 16. The rules implement the Transfers of Undertaking Directive and must be interpreted in light of case law from the Court of Justice of the European Union in addition to Norwegian case law. Further, Norwegian law has developed certain specific rules on this area. These provisions are mandatory and may not be derogated from to the detriment of the employee.<\/p>\n<p><u>When do the rules apply?<\/u><\/p>\n<p>A transfer of undertaking requires a transfer of an economic entity that retains its identity after the transfer. The assessment is fact-specific and typically turns on whether the activity continues in a recognisable form with the transferee, taking into account elements such as transferred assets, customers\/contracts, workforce, organisational structure and the nature of the business.<\/p>\n<p><u>Continuity of employment, collective arrangements and pensions<\/u><\/p>\n<p>Where Chapter 16 applies, employees attached to the transferred undertaking will, as a main rule, have their employment transferred automatically to the new employer on existing terms and conditions. The transferee may subsequently make changes only to the extent permitted by general employment law, in the same way as the transferor could have done. In practice, collective bargaining arrangements and occupational pensions often require particular attention and may trigger transaction-specific questions.<\/p>\n<p><u>Protection against termination<\/u><\/p>\n<p>A transfer of undertaking cannot in itself constitute a valid reason for termination, cf section 16-4. This means that terminations motivated by the transfer as such are prohibited. Terminations may still be lawful if they are objectively justified on other grounds (for\u00a0\u00a0 example genuine redundancies following a reorganisation), subject to the ordinary substantive and procedural requirements, and employers should be able to demonstrate that the termination is not caused by the transfer as such. Norwegian law also includes specific restrictions on terminations linked to outsourcing, cf section 15-7(4), which may be relevant where the business sale is part of an outsourcing set-up.<\/p>\n<p><u>Information and consultation duties<\/u><\/p>\n<p>Both the transferor and the transferee have statutory obligations to inform and consult affected employees and employee representatives on mandatory topics related to the transfer. \u00a0Affected employees must be informed in due time of the mandatory items (mirroring the topics in Section 16-5(2)). In practice, this is typically provided in writing. Collective bargaining agreements may supplement these duties and often provide more detailed procedural steps.<\/p>\n<p><u>Right of reservation and preferential re-employment<\/u><\/p>\n<p>Employees have a statutory right of reservation, allowing them to object to the transfer of their employment to the new employer. The reservation must be exercised in writing to the transferor within a deadline set by the employer, which cannot be shorter than 14 days after the employees have received the information required under Section 16-6. If exercised, the employment will not transfer to the transferee and will typically end at the transfer date.<\/p>\n<p>Employees who exercise the right of reservation may have a preferential right to re-employment with the transferor for 12 months following the transfer date, provided they have been employed for at least 12 months during the last two years prior to the transfer date and are qualified for the vacant position.<\/p>\n<p><u>Limited exception: right to remain with the transferor<\/u><\/p>\n<p>As a narrow exception developed in Norwegian case law, an employee may in specific situations be entitled to remain employed by the transferor if the transfer would lead to not insignificant adverse changes for the employee. This is assessed case by case, but may be relevant, for example, where the transfer entails a significant loss of pension accrual or a material increase in commuting time.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do employees need to have a minimum period of service in order to benefit from termination rights?  If so, what is the length of the service requirement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, statutory termination rights apply to all employees, regardless of length of service.<\/p>\n<p>However, the termination rights provided to an employee during the probation period are somewhat more limited than after the probation period has expired, provided that a probation period for up to six months is agreed in the employment agreement. The purpose of the probation period is to allow the employer to assess whether the employee is suited for the role and thereby reduce the risk of an unsuccessful hire. During the probation period, termination must be based on the employee\u2019s\u00a0lack of suitability for the work\u00a0or\u00a0lack of proficiency or reliability. The threshold for termination on these grounds is generally\u00a0somewhat (and not insignificantly) lower\u00a0than under the ordinary rules. Additionally, employees who are terminated during the probation period do not have the right to remain in the position during any legal dispute concerning the termination.<\/p>\n<p>An employee\u2019s period of service (seniority) is often a key factor in redundancy selection. Under Norwegian collective bargaining agreements, seniority is generally the primary selection criterion and may only be departed from where the difference in relevant competence is significant and well-founded. In companies not bound by a collective bargaining agreement, seniority remains a relevant and legitimate criterion, although the employer is not required to treat it as decisive to the same extent.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, is the minimum notice period to terminate employment?  Are there any categories of employee who typically have a contractual notice entitlement in excess of the minimum period?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Statutory minimum notice periods<\/strong><\/p>\n<p>The statutory minimum notice periods are set out in section 15-3 of the Working Environment Act (Arbeidsmilj\u00f8loven).<\/p>\n<p>Any contractual notice period applies only to the extent it is\u00a0not less favorable\u00a0than the statutory minimum.<\/p>\n<p>The minimum notice periods are:<\/p>\n<ul>\n<li>Probationary period (trial period):\u00a014 days (unless otherwise agreed in writing or in a collective bargaining agreement).<\/li>\n<li>Up to 5 years\u2019 service:\u00a01 month<\/li>\n<li>5 to 10 years\u2019 service:\u00a02 months<\/li>\n<li>More than 10 years\u2019 service:\u00a03 months<\/li>\n<li>More than 10 years\u2019 service and aged 50+:\u00a04 months<\/li>\n<li>More than 10 years\u2019 service and aged 55+:\u00a05 months<\/li>\n<li>More than 10 years\u2019 service and aged 60+:\u00a06 months<\/li>\n<\/ul>\n<p>For employees who qualify for the extended notice periods (age 50\/55\/60 + 10 years\u2019 service), the employee\u2019s own notice period is in any event\u00a03 months.<\/p>\n<p>As a general rule, the statutory notice period runs from the\u00a0first day of the month following\u00a0the date on which notice is given, except during the probation period, where it may run date-to-date.<\/p>\n<p><strong>Contractual notice in excess of the minimum<\/strong><\/p>\n<p>In practice, Norwegian employment agreements commonly provide for a three-month notice period for many positions. Longer notice periods are also common for key personnel and executives, and a six-month notice period often reflects market practice for executive roles.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to make a payment to a worker to end the employment relationship instead of giving notice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes \u2014 but only by agreement with the employee.<\/p>\n<p>If an employer wishes to terminate the employment relationship, it must normally comply with the statutory rules on termination (including the requirement for objective and justifiable grounds, the applicable procedure, and the statutory notice period). As a general rule, Norwegian law does not permit employees to waive their statutory employment protection in advance in exchange for financial compensation, except in certain cases involving CEOs\/managing directors.<\/p>\n<p>In practice, however, termination or settlement agreements are often negotiated in connection with the employee\u2019s departure. Such agreements may provide for payment in lieu of notice, garden leave and\/or severance pay, typically in return for the employee agreeing not to challenge the termination, waiving any preferential right to re-employment, and releasing other claims.<\/p>\n<p>There is no statutory formula for severance pay. The amount is negotiated case by case and will typically depend on factors such as the employee\u2019s length of service, age, competence, prospects of finding new employment, and the employer\u2019s legal risk in connection with the termination.<\/p>\n<p>Common elements of Norwegian termination agreements include garden leave, severance pay or continued salary for a period, continued use of phone and\/or computer, coverage of costs for career counselling or education, reimbursement of reasonable legal fees, and settlement of accrued holiday pay and other outstanding entitlements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer require a worker to be on garden leave, that is, continue to employ and pay a worker during their notice period but require them to stay at home and not participate in any work?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a main rule, an employer cannot unilaterally require an employee to stay away from work (while remaining employed and paid) during the notice period. Garden leave therefore typically requires a\u00a0mutual agreement, most commonly set out in a settlement agreement.<\/p>\n<p>A narrow exception may apply in\u00a0exceptional circumstances\u00a0where the employer has\u00a0particularly weighty reasons\u00a0to remove the employee from active duties during the notice period, typically where the employee has access to sensitive information and is about to join a competitor. Norwegian case law indicates that the threshold is high and that unilateral garden leave can only be justified in special and severe cases.<\/p>\n<p>In situations where garden leave is not agreed, and cannot be imposed, the employer may, within the scope of its managerial prerogative, still implement less intrusive measures during the notice period, such as reallocating tasks or restricting access to systems, provided that such measures are assessed on a case-by-case basis and remain within the limits of the employment contract and applicable law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does an employer have to follow a prescribed procedure to achieve an effective termination of the employment relationship? If yes, describe the requirements of that procedure or procedures. Is an employee entitled to appeal against their termination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Norwegian law sets out several procedural requirements that an employer must follow for a termination to be effective, and procedural shortcomings may also significantly increase the risk that a termination is held invalid.<\/p>\n<p><strong>(i) Individual terminations \u2013 mandatory steps<\/strong><\/p>\n<p>Discussion meeting.\u00a0Before the employer makes a decision to terminate, the employee must be invited to a discussion meeting under section 15-1 of the Working Environment Act. The purpose is to present the employer\u2019s grounds, allow the employee to comment and provide additional information, and ensure the decision is based on a proper and balanced assessment. The employee is entitled to bring a representative.<\/p>\n<p>Written notice complying with formal requirements.\u00a0A notice of termination must be given\u00a0in writing\u00a0and must be delivered either\u00a0in person\u00a0or by\u00a0registered mail. The notice must include mandatory information, including in particular:<\/p>\n<ul>\n<li>the employee\u2019s right to request negotiations and to bring legal action;<\/li>\n<li>the right to remain in the position pending dispute (subject to statutory conditions);<\/li>\n<li>applicable deadlines; and<\/li>\n<li>identification of the employer and the correct defendant.<\/li>\n<\/ul>\n<p><strong>(ii) Redundancies \u2013 additional process requirements<\/strong><\/p>\n<p>In the case of termination based on business-related reasons, the employer must also ensure a defensible process, typically including:<\/p>\n<ul>\n<li>proper internal assessments and documentation of the business need for redundancies;<\/li>\n<li>involvement of employee representatives and, where applicable, consultations required by law and\/or collective bargaining agreements;<\/li>\n<li>a fair and consistent approach to defining the selection pool and applying selection criteria; and<\/li>\n<li>individual discussion meetings with affected employees before final decisions are made.<\/li>\n<\/ul>\n<p>If the termination is due to redundancies, the notice must also include information on the employee\u2019s\u00a0preferential right to re-employment, and if the employer is part of a group, the notice must state which companies are included in the group at the time of termination.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If the employer does not follow any prescribed procedure as described in response to question 8, what are the consequences for the employer?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the employer does not follow the prescribed termination procedure, this may (i) render the termination\u00a0invalid, (ii) expose the employer to\u00a0financial liability, and (iii) significantly weaken the employer\u2019s\u00a0negotiating position\u00a0and litigation risk.<\/p>\n<p><strong>Invalidity (reinstatement)<\/strong><\/p>\n<p>Defects in the formal notice requirements\u00a0(for example notice not in writing, incorrect delivery method, or missing mandatory information) will generally render the termination invalid, if challenged in time (see below). In exceptional cases, a court may nonetheless uphold the termination if automatic invalidity would be clearly unreasonable due to special circumstances<\/p>\n<p>Other procedural shortcomings (for example failure to hold a discussion meeting, poor documentation or deficiencies in a redundancy selection process) do not automatically invalidate the notice, but will be weighed in the overall assessment of whether the termination is\u00a0objectively justified. In practice, weak process\/case handling can be decisive and lead to invalidity.<\/p>\n<p>If a termination is found invalid, the main consequence is that the employee is entitled to\u00a0remain employed\u00a0(for example reinstatement).<\/p>\n<p><strong>Right to remain in the position pending dispute<\/strong><\/p>\n<p>If the employee contests the termination, the employee is as a main rule entitled to\u00a0remain in employment\u00a0until the dispute has been finally resolved by the courts (including continued salary and other benefits), subject to statutory conditions and potential court-ordered exceptions.<\/p>\n<p><strong>Damages (economic loss and non-economic compensation)<\/strong><\/p>\n<p>If the termination is unlawful, the employee may claim:<\/p>\n<ul>\n<li>economic damages\u00a0(past and future financial loss), and<\/li>\n<li>non-economic compensation.<\/li>\n<\/ul>\n<p>Even where a termination is upheld, procedural defects may still support a claim for compensation in certain circumstances.<\/p>\n<p><strong>Negotiations and litigation deadlines<\/strong><\/p>\n<p>An employee who wishes to challenge a termination may demand\u00a0negotiations, typically within\u00a014 days\u00a0of receiving the notice. If the dispute is not resolved, the employee must generally bring legal proceedings within\u00a08 weeks\u00a0after the negotiations are concluded (or, if negotiations are not held, within\u00a08 weeks\u00a0from receipt of the termination notice) to claim invalidity\/reinstatement. If the employee only claims damages, the general time limit is\u00a06 months.<\/p>\n<p><strong>Practical\/commercial consequence<\/strong><\/p>\n<p>Procedural non-compliance often strengthens the employee\u2019s position and increases the employer\u2019s incentive to resolve the matter through a\u00a0termination\/settlement agreement. In redundancy cases, such agreements may also include a waiver of the employee\u2019s preferential right to re-employment (where legally permissible and properly agreed).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How, if at all, are collective agreements relevant to the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The rules governing the termination of employment are set out primarily in the Working Environment Act. However, collective bargaining agreements often contain additional requirements in relation to termination.<\/p>\n<p>For example, the Basic Agreement between the Confederation of Norwegian Enterprise (\u2018NHO&#8217;) and the Norwegian Confederation of Trade Unions (&#8216;LO&#8217;) sets out supplementary procedural requirements, including obligations to consult with the employee representatives and to take the principle of seniority into account.<\/p>\n<p>According to the principle of seniority, the employer must give significant weight to the employees\u2019 length of service within the undertaking when selecting employees for redundancy, and any deviation from the seniority order must be based on based on objective and justifiable grounds. In addition, certain collective bargaining agreements include provisions on enhanced employment protection for union representatives by requiring the employer to take their role into before making a decision on termination.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the employer have to obtain the permission of or inform a third party (e.g local labour authorities or court) before being able to validly terminate the employment relationship? If yes, what are the sanctions for breach of this requirement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body1\">The employer is not required to obtain permission from, or notify, any third party before lawfully terminating an employment relationship, unless the employer is planning a collective redundancy affecting 10 or more employees. In such cases, the employer must give a written notice to the Norwegian Labour and Welfare Administration (Norwegian: &#8216;NAV&#8217;) and to the employee representatives as outlined in the response to question 2.<\/p>\n<p class=\"Body1\">In addition, collective bargaining agreements may impose further procedural requirements in relation to termination of employees, for example requiring that redundancies are discussed with the employee representatives before any final decision is made. Failure to comply with such procedural requirements may result in delays to the termination process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Norwegian law, employees are protected against discrimination and harassment in connection with the termination of employment pursuant to the Working Environment Act and the Equality and Anti-Discrimination Act.<\/p>\n<p>The prohibition of discrimination applies to several protected grounds, including sex, pregnancy, parental leave, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age, trade union membership and political views.<\/p>\n<p>Both direct and indirect discrimination are prohibited.<\/p>\n<p>Different treatment is not necessarily unlawful if it pursues a legitimate aim, is necessary, and proportionate. Accordingly, a dismissal must be based on objective and lawful grounds and must not be based on or affected by unlawful discrimination or harassment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A dismissal that is based on or affected by unlawful discrimination or harassment may be challenged legally and held to be invalid.<\/p>\n<p>The employee may also file a complaint with the Anti-Discrimination Tribunal (Norwegian: Diskrimineringsnemnda) in respect of alleged breaches of the anti-discrimination rules.<\/p>\n<p>In addition, the employer may incur liability for compensation. Depending on the circumstances, an employee may be entitled to compensation for financial loss and redress for non-economic harm. This may also apply where the dismissal is considered invalid, although discrimination or harassment has not been legally established.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any categories of worker (for example, fixed-term workers or workers on family leave) entitled to specific protection, other than protection from discrimination or harassment, on the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Under Norwegian law, certain categories of workers benefit from specific statutory protection in addition to the general protection against discrimination and harassment.<\/p>\n<p>In particular, employees are protected against dismissal on grounds relating to pregnancy, leave in connection with pregnancy, childbirth, adoption or care responsibilities, and illness or injury. Dismissal on grounds of pregnancy or statutory leave is subject to strict protection, and dismissal during absence due to illness or injury is restricted, particularly during the first 12 months of absence. In such cases, stricter requirements apply to the employer\u2019s proof that the dismissal is due to reasons other than the employee\u2019s illness.<\/p>\n<p>Where notice of dismissal is given during statutory leave, the notice period will generally not begin to run until the leave has ended.<\/p>\n<p>Certain employees may also have preferential rights in specific situations. Part-time employees may, subject to certain conditions, have a preferential right to an increased position rather than the employer making a new hire. Fixed-term employees may, in certain circumstances, have a preferential right to new employment with the undertaking.<\/p>\n<p>In addition, employee representatives and trade union representatives may be subject to particular protection, and dismissal of such employees is subject to a strict standard of justification.<\/p>\n<p>Specific protection may also arise in other situations. For example, in the event of a transfer of undertaking, an employee may not be dismissed solely by reason of the transfer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are workers who have made disclosures in the public interest (whistleblowers) entitled to any special protection from termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Retaliation against a whistleblower is prohibited by the Working Environment Act. Retaliation is defined as any adverse action, practice or omission that results from an employee having raised a concern, such as dismissal, summary dismissal or any disciplinary measures.<\/p>\n<p>To be protected against retaliation, the employee must report a matter that qualifies as whistleblowing. In legal terms, this includes breaches of legislation, written ethical guidelines within the undertaking, or ethical norms that are widely recognised in society. An employee may always report such concerns internally or to a public supervisory authority. Disclosure to the media or the general public is permitted only under certain conditions, including where the employee has first reported the matter internally or has reasonable grounds to believe that internal reporting would not be appropriate.<\/p>\n<p>Retaliation may affect the validity of a dismissal. Breach of the prohibition against retaliation may also give rise to claims for redress and compensation by the employee.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In the event of financial difficulties, can an employer lawfully terminate an employee\u2019s contract of employment and offer re-engagement on new less favourable terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, an employer may lawfully terminate an employee\u2019s contract and offer re-engagement on new, less favourable terms, provided that there are justifiable grounds for the termination and that the applicable procedural requirements are followed. The same legal rules apply as in any other termination based on business-related reasons (see questions 1 and 8). However, the threshold for dismissal combined with an offer of alternative employment is generally somewhat lower than for an ordinary termination.<\/p>\n<p>Where the employer offers continued employment on new, less favourable terms as an alternative to an ordinary dismissal with notice, the employee may choose whether to accept or decline the offer. If the offer is declined, the employment will end upon expiry of the notice period, unless otherwise agreed or the employee disputes the legal basis for the termination. If the offer is accepted, the new terms will normally take effect from the day after the end of the notice period, unless otherwise agreed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, risks are associated with the use of artificial intelligence in an employer\u2019s recruitment or termination decisions? Have any court or tribunal claims been brought regarding an employer\u2019s use of AI or automated decision-making in the termination process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is an inherent risk associated with the use of artificial intelligence in the termination process, particularly in relation to compliance with applicable procedural requirements, non-discrimination obligations, data privacy rights, and the overall requirement for a fair, fact-based, transparent, and well-documented process.<\/p>\n<p>Norwegian legislators are currently preparing legislation to implement the EU AI Act into Norwegian law. Once the AI Act enters into force, it will impose strict requirements on the use of artificial intelligence and automated decision-making processes, particularly in relation to systems classified as &#8216;unacceptable risk&#8217; and &#8216;high risk&#8217;.<\/p>\n<p>AI systems classified as presenting an &#8216;unacceptable risk&#8217; will be prohibited. Examples include AI systems involving intrusive real-time monitoring of employees, automated decision-making systems that systematically screen out or deprioritise applicants on discriminatory grounds, and systems used to manipulate employees\u2019 behaviour, attitudes, or choices.<\/p>\n<p>High-risk AI systems are systems that may significantly affect individuals\u2019 health, safety, or rights. Where such systems are used in processes such as recruitment, hiring decisions, employee evaluation, or termination, this gives rise to several obligations for the employer, including duties to inform employees and employee representatives, ensure that system users have the necessary training and competence, and maintain human oversight by competent personnel. Non-compliance may result in the employer\u2019s decisions being overruled.<\/p>\n<p>There are not yet any decisions from a Norwegian court or tribunal concerning an employer\u2019s use of AI or automated decision-making in the termination process. However, the use of AI systems classified as presenting an unacceptable risk under the EU AI Act as part of a termination process would likely result in an unlawful termination. A decision to terminate employment materially affects the employee, and it is therefore unlikely that the legal system or the courts would accept automated decision-making without human involvement in termination processes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial compensation is required under law or custom to terminate the employment relationship? How is such compensation calculated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Norwegian law does not require employers to pay a financial compensation upon termination. However, the employee shall as a minimum receive salary and other benefits during the notice period. Unless otherwise agreed after the notice has been given, this also applies where the employee is released from the duty to work during the notice period.<\/p>\n<p>Given the strong employment protection in Norway, the parties often enter into a mutual termination agreement under which the employee waives the right to bring claims or legal proceedings against the employer in exchange for severance pay.<\/p>\n<p>There are no statutory rules in Norway governing the amount of the severance pay. The amount is therefore subject to negotiation and will typically depend on the grounds for termination, the employers\u2019 financial position, and the employee\u2019s seniority and role. In addition, employees in Norway often expect the employer to cover reasonable legal costs, and this is often a prerequisite for reaching a mutual termination agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer reach agreement with a worker on the termination of employment in which the employee validly waives his rights in return for a payment? If yes, in what form, should the agreement be documented?  Describe any limitations that apply, including in respect of non-disclosure or confidentiality clauses.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, under Norwegian law, an employee may waive the statutory employment protection rights in return for severance pay by entering into a mutual termination agreement with the employer. Such agreements may be entered into by the parties both in connection with the termination of employment or after the employment has ended.<\/p>\n<p>There are generally no specific statutory requirements as to the form or content of termination agreements. However, the agreement must be entered into voluntarily. The employee should therefore be given sufficient time and opportunity to consider the proposed terms and to seek legal advice before signing. To ensure clear documentation, it is also recommended that termination agreements are entered into in writing.<\/p>\n<p>In addition, there is a risk that a termination agreement may be set aside, in whole or in part, under Section 36 of the Norwegian Contracts Act if it is considered unreasonable due to an imbalance in the parties\u2019 rights and obligations. To reduce this risk, the employee should receive benefits in excess of salary and other contractual benefits during the notice period.<\/p>\n<p>As a general rule, employers are prohibited from entering into agreements with employees prior to termination under which the employee waives employment protection rights in exchange for compensation.<\/p>\n<p>An exception applies to managing directors, who may agree in their employment contract to waive such rights in return for severance pay. Where such a waiver has been agreed, the employer may terminate the managing director\u2019s employment with immediate effect, without having to demonstrate that the termination is objectively justified. The level of severance pay for a managing director will vary depending on the circumstances, but severance equivalent to 3\u20139 months\u2019 salary, in addition to salary during the notice period, is common.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to restrict a worker from working for competitors after the termination of employment? If yes, describe any relevant requirements or limitations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, pursuant to Section 14 A-1 of the Working Environment Act, a post-contractual non-compete clause may be imposed for a maximum period of 12 months following the expiry of the notice period. Such clauses may restrict an employee\u2019s right, after termination of employment, to take up a position with another employer or to start, run or participate in a competing business.<\/p>\n<p>Before invoking a non-compete clause, the employer must assess the actual need for protection against competition, and the clause may not be enforced for longer than is strictly necessary. Upon the employee\u2019s written request, the employer is required to, within four weeks, provide a written statement specifying whether and to what extent the non-competition clause will be invoked.<\/p>\n<p>If a non-compete clause is invoked, the employee is entitled to a statutory compensation for as long as the clause remains in force. The compensation shall be 100% of the employee\u2019s remuneration up to 8 G and up to 70% of the remuneration between 8 G and 12 G. There is no statutory entitlement to compensation for salary exceeding 12 G. The compensation is calculated based on the employee\u2019s total remuneration during the 12 months preceding termination. It may be reduced by up to 50% to reflect income from others earned during the non-compete period.<\/p>\n<p>A non-competition clause cannot be enforced if the termination is based on a redundancy or other circumstances related to the employer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to restrict a worker from soliciting customers or clients, or employees of the employer, after the termination of employment? If yes, describe any relevant requirements or limitations (including any payments that must be made to the worker for the restriction to be valid and enforceable).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body1\">Yes, under Norwegian law employers may impose both non-solicitation of customers clauses and non-solicitation of employees clauses.<\/p>\n<p class=\"Body1\">Non-solicitation of customers clauses are regulated broadly in the same way as non-compete clauses. Such clauses must be agreed in writing and may be enforced for a maximum period of 12 months following the termination of employment.<\/p>\n<p class=\"Body1\">As with non-compete clauses, the employer must have a particular need for protection against competition in order to invoke the restriction. At the employee\u2019s request, the employer must within four weeks provide a written statement of to what extent \u2013 and for which customers \u2013 the clause will be enforced. The clause may only apply to customers the employee has had contact with or has been responsible for during the 12 months preceding the statement. Unlike non-compete clauses, no compensation is required for the enforcement of non-solicitation clauses.<\/p>\n<p class=\"Body1\">If the employer fails to provide a written statement within the statutory deadline, the non-solicitation clause lapses. Further, a non-solicitation clause cannot be enforced if the employment is terminated due to redundancy or other circumstances related to the employer.<\/p>\n<p class=\"Body1\">Non-recruitment clauses agreed between companies are prohibited under Norwegian law. This prohibition, does not, however apply to non-solicitation of employees clauses entered into between an employer and an employee.<\/p>\n<p class=\"Body1\">There are no statutory rules governing the employer\u2019s right to impose non-solicitation of employees clauses. Such restrictions are generally accepted in practice, particularly for key employees and management. Unlike non-compete clauses and non-solicitation of customers clauses, they are not subject to a statutory maximum duration, although a period of 6 to 24 months is generally considered as market practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer require a worker to keep information relating to the employer confidential after the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body1\">The Working Environment Act does not contain specific provisions on confidentiality. However, employment agreements often include confidentiality obligations that apply both during the employment relationship and after termination. Where the parties enter into a mutual termination agreement, it is also common to include a confidentiality clause in the termination agreement.<\/p>\n<p class=\"Body1\">In addition, trade secrets are protected under the Trade Secrets Act. An employee\u2019s obligation not to disclose the employer\u2019s trade secrets to third parties applies both during the employment relationship and after termination. Trade secrets comprise information, knowledge or data that is kept confidential because they provide a business with a competitive advantage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are employers obliged to provide references to new employers if these are requested?  If so, what information must the reference include? What duties apply to employers giving references?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body1\">Upon termination of employment, the employer is obliged to provide the employee with a written reference letter pursuant to Section 15-15 (1) of the Working Environment Act.<\/p>\n<p class=\"Body1\">The reference letter must as a minimum, include the employee\u2019s name, date of birth, work tasks, and length of employment. The purpose of the reference letter is to document the work performed by the employee and it should therefore contain a brief description of the employee\u2019s main work tasks and responsibilities, rather than merely stating the job title.<\/p>\n<p class=\"Body1\">In practice, many employers also include additional information regarding the employee\u2019s performance, skills and, in certain cases, the reason for termination. The level of detail varies and will typically depend on the employer\u2019s practice and the circumstances of the termination. The content of the reference may also be governed by the terms of a termination agreement between the employer and the employee.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are the most common difficulties faced by employers in your jurisdiction when terminating employment and how do you consider employers can mitigate these?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body1\">One of the most common difficulties in termination cases based on individual factors\u2014such as underperformance, cooperation issues, compliance issues, and\/or long-term absences\u2014is that these issues have not been adequately addressed by management over time, that the employee has not received sufficient feedback while the issues were ongoing, and\/or that the matter has not been properly documented.<\/p>\n<p class=\"Body1\">By the time the employer wishes to bring the employment relationship to an end through an effective process, insufficient management follow-up, feedback, and documentation may weaken the employer\u2019s legal basis for termination and become an obstacle to a smooth termination process.<\/p>\n<p class=\"Body1\">To mitigate the risk of legal disputes, employers should ensure that they actively follow up on personnel matters, provide documented feedback, and use written warnings or performance improvement plans where appropriate. All formal and informal feedback, as well as any measures implemented, should be documented and retained in the employee\u2019s records.<\/p>\n<p class=\"Body1\">In redundancy processes, a lack of a thorough and well-documented process, insufficient involvement of employee representatives, and unclear communication may lead to a lack of trust, acceptance, and understanding on the part of employees, and may ultimately result in legal disputes.<\/p>\n<p class=\"Body1\">To mitigate the risk of legal disputes following redundancies employers should ensure that they have sufficient time to plan and carry out a well-prepared and well-documented processes, seek the support of employee representatives as far as possible, and maintain clear and open communication with employees throughout the process.<\/p>\n<p>&nbsp;<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any legal changes planned that are likely to impact the way employers in your jurisdiction approach termination of employment? If so, please describe what impact you foresee from such changes and how employers can prepare for them?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, we are not aware of any planned legal changes, legislative proposals or supreme court cases, that are likely to impact the employer&#8217;s approach to termination of employment.<\/p>\n<p>We note, however, that Norwegian labour law is subject to ongoing development and change, particularly as a result of legal developments in the EU, changes in political leadership following parliamentary elections, and the fact that labour law is, to a large extent, developed through case law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">7636<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/136744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=136744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}