Labor law
We assist employers and employees in employment law matters, and have extensive experience in
dispute resolution in the event of termination and dismissal.
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Employment agrements
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Working hours
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Termination / dismissal
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Lay-off
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Workforce reductions
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Staffing / hiring
Good employment agreements are just as important for the employer as for the employees. A
prerequisite for good agreements is thorough knowledge of the Working Environment Act and other
regulations regarding employment law. In the area of employment law, the Working Environment
Act as a general rule precedes the agreement. Contract terms in conflict with the law therefore have
no effect. When recruiting, it is necessary to be conscious about issues such as permanent or
temporary employment, preferential rights, hiring or employment, etc.
It is equally important that dismissal and downsizing are based on sound and verifiable assessments,
and take place in accordance with the rules of the Working Environment Act. The formal demands to
the process, and to the content of a written dismissal, are set out in the Working Environment Act. In
practice, however, it turns out that dismissals often have formal deficiencies which result in them
being invalid.
When an employee’s performance is insufficient.
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Employees have a right to guidance, correction and the opportunity to develop. Dismissing an employee who has not received the necessary follow-up is difficult.
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The employer must be able to document the deficiencies in work performance, and that the employee has received follow-up and guidance.
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Before the employer decides to dismiss an employee, the issue of dismissal must be discussed with the employee and union representatives.
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The Working Environment Act has clear requirements for the form and content of the dismissal. A dismissal that does not meet the requirements is, as a general rule, invalid, and the employee's ordinary deadlines for legal action etc. do not apply.
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After notice of dismissal has been given, the employee has the right and duty to work out the notice period.
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The person who has been dismissed can demand negotiations. The employee's time limit for bringing a legal action on the validity of the dismissal then only starts to run after the negotiations are completed.
Work force reductions.
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Ensure that the need for reduction is well documented.
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Especially in the case of mass redundancies, discussions with trade organisations must be initiated at an early stage.
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Notice period, employees' rights, legal action period, etc. are the same as in the case of individual dismissals.
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The rules regarding the selection of which employees are to be dismissed are not laid down in the Working Environment Act. Seniority is an important, but not the only, criterion.
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In a period subsequent to such dismissals, rules on preferential rights to new employment apply.
I have been dismissed or summoned to a discussion meeting.
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Be realistic about the possibilities of opposing the dismissal. Feel free to consult with a union official or a lawyer.
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Even if a dismissal meets all formal requirements and is factually justified, it may be possible to negotiate better terms than the usual notice period.
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You may demand a written statement of the reason for termination.
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If the termination does not meet the formal requirements of the Working Environment Act, you can at least get the end date postponed.
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If you choose to take the case to court, be sure to comply with the deadlines.
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You may be entitled to free legal aid both during negotiations and in the event of a lawsuit.
Areas of expertise