First things first: Contact your employer
The first step is to contact the employer and get an explanation of why they are not paying. There may be deadlines that are decisive for whether your claim is covered, so don't delay this.
Send a written claim
If you are not paid a salary, NITO's advice is that you send a letter to your employer as soon as you have not been paid what you are entitled to.
- In the letter to your employer, you state what you believe you are entitled to, and ask that this be paid within, for example, one week.
- Write that if the money is not paid by the deadline, you will proceed with the case.
- It is recommended to send such a letter by registered mail.
NITO can assist you, and we recommend that you contact us if your salary has not been received.
When the employer cannot pay
If the reason why the employer does not pay is that the company does not have money, your wage claim may be covered through the state's wage guarantee scheme (nav.no). A prerequisite for this is that the company is declared bankrupt.
You can file for bankruptcy yourself to recover your outstanding salary claims. NITO can assist you in this process.
See also
- arbeidstilsynet.no: Open bankruptcy
- domstol.no: How should you file for bankruptcy with your employer?
When bankruptcy is opened, a trustee is appointed. Among other things, the trustee is tasked with informing the employees about their rights in connection with the bankruptcy.
What can you get covered from the payroll guarantee?
- Salary and holiday pay etc. in total limited to twice the National Insurance basic amount (2G) - see fact box.
- Salary and other requirements for a total of six months. You choose which six months are beneficial, they must not be consecutive.
- Salary that is not due further back than twelve months before the deadline date. The deadline day is the day the petition for opening bankruptcy came in to the district court
- Holiday pay earned in the same year as the deadline day and the previous year
- Non-payment to the employer's occupational pension scheme
- Other pension requirements
- Outstanding overtime, commission, bonus and time off due
More information about what is covered and how to apply can be found on nav.no
When the employer does not want to pay
If the employer disagrees with your salary demand, you must proceed in a different way.
How to proceed when the employer does not want to pay
- The first step is to send a letter to the employer stating what you think you are entitled to and requesting that this be paid within, for example, one week. Write that if the money is not paid by the deadline, you will proceed with the case. It is recommended to send such a letter by registered mail.
- If you have not received your money within the deadline you have set, you can take the case to the Conciliation Board.
- NITO can assist you in this entire process.
What is the National Insurance basic amount (G)?
As of 1 May 2023, 1 G amounts to NOK 118,620.
- Most benefits under the National Insurance Scheme are given in number G.
- The basic amount is adjusted on 1 May each year in line with the price level and prosperity.