Rules for termination

Are you being terminated? There are clear rules for terminations. Know the rules and stay in touch with your union representative at work.

The company should discuss with the union representatives to find solutions that can prevent layoffs before anyone is dismissed (Main Agreement §9-4). Therefore it is always wise to stay in close contact with the union representatives when layoffs are being discussed.

Sometimes companies do not discuss with the union representatives first – then it is also important to contact them!

1. A meeting must be convened

Before you receive a notice of termination you must be invited to a meeting. The invitation should state that the meeting may have consequences for your future in the company (or something similar). The Working Environment Act states that such a meeting must be held. Here you will determine whether it is possible to avoid termination, and whether you are the one who will be dismissed.

You may bring an adviser to the meeting; it is recommended to bring the union representative. You may also choose to bring another person you trust (Working Environment Act § 15-1). A record of the meeting must be written. Make sure your objections and viewpoints are included!

2. Requirements for a valid termination

If you nonetheless receive a termination, it must contain information on the following to be valid (AML §15-4):

• the right to demand negotiations and to pursue legal action

• time limits for negotiations and lawsuits

• who a potential lawsuit would be directed against

• the right to remain in the position while negotiations or lawsuits are ongoing

• priority right to new employment if the termination is due to downsizing or other conditions in the company

A termination notice must always be in writing, and delivered personally or sent by registered letter.

3. Right to negotiations

If you believe the termination has no valid reason, or is otherwise incorrect, you have the right to demand negotiations (AML §17-3). This must be done no later than two weeks after you have received the termination.

Both parties may bring an adviser to negotiations. This could be, for example, a union representative, or someone from your local branch in Fellesforbundet.

Regardless, it is wise to contact your local branch of Fellesforbundet when there are terminations. It is very foolish to sign something you are not sure is correct, or you disagree with. A protocol/minutes of the meeting must be written and signed by both parties.

4. Lawsuit

If you do not reach agreement during negotiations, you have the right to go to court. A lawsuit must be filed within 8 weeks.

Do not hire your own lawyer. If you have engaged your own lawyer for the case, Fellesforbundet/LO’s lawyers will not take the case later. Therefore contact your local branch of Fellesforbundet as early as possible.

There is always an assessment of whether your case can be brought to court. Fellesforbundet normally only handles cases where we believe there is a reasonable chance of winning. When Fellesforbundet handles the case it is cost-free for you as a member – win or lose.

It is common for parties to reach a settlement with the company in termination cases. It is a heavy burden for all parties to go through a court case.

Dismissals during lay-offs (Main Agreement §7-6)

Furloughed employees remain tied to the company with the right and obligation to resume work as long as they are not formally laid off. If you are laid off during the lay-off period, you must come to work and work through the notice period. An employee who is not laid off and who is not recalled by the end of the lay-off period has the right to pay during the notice period.

The same requirements regarding fairness and content in termination during lay-off apply as described above.

If you resign yourself after being on lay-off for at least three months, you may quit without returning to work to serve the notice period.

Mass layoffs

There are special rules for mass layoffs (more than 10 people). Contact the union representative.