What do you do if you get a dismissal?
Can an employer fire you if they are not satisfied with the job you do? What does termination due to the employee's circumstances mean and what rights do you have? We will take you through termination rules, case processing and how you can get legal help.
When can your employer dismiss you?
On this page, we will go into more detail about what is called dismissal due to the employee's circumstances. This is an individual dismissal where you are dismissed because of something the employer is so dissatisfied with that they want to end the employment relationship.
The employer may also give a dismissal on the grounds of either the company's or the employer's circumstances, as long as this is objectively justified. The company's conditions are typically poor finances and downsizing. Learn about your rights in the event of downsizing and restructuring.
What reactions can the employer use?
Employers have four main types of reactions when they are dissatisfied with the job an employee is doing. It's important to understand the differences, as they have different consequences for you.
1. Termination
The employer must have a factual reason, and you are entitled to a normal notice period.
The reason for a dismissal may be:
- Poor work performance
- Collaboration problems that negatively affect the working environment
- Violation of workplace rules and procedures
- High absenteeism without a valid reason
Important to know: The employer may not demand better efforts than what is reasonable for the position. It's not enough that they could have a better person - your performance must be markedly below expectations.
2. Termination during probationary period
During a probationary period, the threshold for dismissal is lower than otherwise. The employer must still have a factual reason, and you must have received the necessary and sufficient training.
Special conditions for the probationary period:
- Shorter notice period, usually 14 days
- Lower requirements for documentation of work performance
- The employer must nevertheless be able to justify the dismissal
- You still have the right to a discussion meeting
3. Notice of change
A change notice is when the employer terminates the existing employment contract, but you are offered a new agreement.
What it involves:
- You will be offered a new position or changed working conditions
- Same requirements for objectivity as in the case of ordinary dismissal
- You can choose to decline the new offer
- If you decline, the normal rules for dismissal apply
4. Parting
Dismissal means that you must leave on the day and salary is stopped immediately. This is a more serious reaction than dismissal.
When to use parting:
- Gross breach of duty or material breach of the employment contract
- Theft, fraud or other criminal offences
- Serious breaches of the duty of loyalty
- Violence or threats in the workplace
Important difference between dismissal and dismissal: In the event of dismissal, you will not receive a period of notice or salary during the notice period. This makes the threshold for dismissal high - the employer must be able to document very serious conditions.
What are the requirements for case processing?
Whatever reaction the employer considers, they must follow specific procedures. These rules are there to protect you and ensure that the case is dealt with fairly.
Before dismissal: Discussion meeting
The employer must call you in for a discussion meeting before they can dismiss you.
The purpose of the meeting is to shed light on why the employer is considering dismissal. It is important that you get a reason for why they are considering dismissal.
You have the right to bring your union representative to the discussion meeting. Both to support you and to have someone else who understands what is being said.
Your rights in the discussion meeting:
- You must be given a clear reason for why dismissal is being considered
- You can make objections and explanations
- You can suggest alternative solutions
This is important when you are going to a discussion meeting - get 5 concrete tips
Are there alternative solutions?
The employer must consider whether it is possible to offer other work tasks or another position as an alternative to dismissal. An alternative solution may also be a follow-up plan in the current position. Perhaps the employer can offer additional training or training?
Sometimes the employee and employer agree to end the employment relationship with a severance agreement.
Requirements for the dismissal itself
A dismissal must be made in writing and contain information about:
- your right to demand a negotiation meeting
- your right to file a lawsuit
- Deadlines for filing a lawsuit
- who is the employer and can possibly be sued
Is any of this missing? In such cases, the dismissal may be invalid, even if the employer had a valid reason.
Notice periods
- The usual notice period is three months. See what's in your employment contract
- The notice period is extended in the event of long employment and increased age
- During probationary periods, the notice period is shorter, usually 14 days
- In the event of dismissal, there is no notice period
You are entitled to a certificate
You are entitled to a certificate from your employer, even if you are dismissed. The certificate must contain
- name
- birthdate
- what the work has consisted of
- Duration of employment
The employer cannot refuse to provide a certificate or delay it unnecessarily.
Disagree with the dismissal? You can demand negotiations
If you believe the dismissal is unjustified, you can demand negotiations with your employer. A request for negotiations must be received by the employer no later than two weeks after you have received the notice.
You can demand to remain in the position until the case has been settled by a legally enforceable judgment, provided that a lawsuit has been filed within the deadline.
Important deadlines:
- Two weeks to demand negotiations
- Usually eight weeks to file a lawsuit (check the termination)
- The deadlines run from the time you received the notice of termination
What can NITO help you with?
Tillitsvalgte - din første kontakt
Din tillitsvalgt kjenner de lokale forholdene og kan gi verdifull støtte:
- Vurdering av om oppsigelsen virker saklig
- Støtte i drøftelsesmøtet
- Hjelp til å finne alternative løsninger
- Kontakt med NITO sentralt ved behov
Juridisk ekspertise
NITO-advokatene kan hjelpe deg med:
- Juridisk vurdering av oppsigelsen
- Veiledning om dine rettigheter
- Bistand i forhandlinger med arbeidsgiver
- Bistand til å forhandle frem en sluttpakke
- Representasjon i eventuelle rettssaker
Praktisk støtte
NITO kan også bidra med:
- Rådgiver fra sekretariatet på forhandlingsmøter
- Støtte i jobbsøkingsprosessen
Frequently asked questions about resignation
Kan jeg bli sagt opp uten varsel?
Nei, med mindre det er snakk om avskjed ved grovt pliktbrudd. Ved vanlig oppsigelse har du alltid rett til oppsigelsestid.
Hvor lang oppsigelsestid har jeg?
Vanligvis tre måneder etter prøvetid, men sjekk arbeidsavtalen din. Den kan ha lengre frister.
Kan jeg kreve å stå i stillingen hvis jeg saksøker?
Ja, hvis du reiser søksmål innen fristen og mener oppsigelsen er usaklig.
Hva hvis arbeidsgiver ikke vil gi meg attest?
Du har lovfestet rett til attest. Kontakt NITO hvis arbeidsgiver nekter eller forsinker.
Kan jeg få økonomisk kompensasjon ved usaklig oppsigelse?
Ja, du kan kreve erstatning for økonomisk tap og oppreisning. NITO kan hjelpe deg vurdere dette.
Hvor lang tid har jeg på å reagere?
Du har to uker for å kreve forhandlinger, vanligvis åtte uker for søksmål. Fristene står i oppsigelsen.
Ring NITOs vakttelefon
Det er best om du sender inn en sak. Dersom det ikke går, ring oss hverdager 9-15.
