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Advokatene i Larvik
Larvik, Norway

8 people in their team
English
Advokatene i Larvik AS is a long standing law firm based in Larvik, Vestfold, delivering broad legal services to individuals and businesses. With a history dating back to the 1960s, the firm has built a strong reputation for thorough legal analysis, courtroom experience, and reliable counsel across...
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About Hiring & Firing Law in Larvik, Norway

Hiring and firing in Larvik is governed primarily by national Norwegian employment law, supplemented by collective agreements and any individual written contracts. The central statute is the Working Environment Act - Arbeidsmiljøloven - which sets minimum rules on hiring, employment contracts, working conditions, probation, termination, notice periods, protection against unfair dismissal, sick leave and protections for vulnerable groups. Employers and employees in Larvik must also follow applicable collective bargaining agreements when they apply, and employers have obligations under health and safety and anti-discrimination laws. Local practices in Larvik are shaped by regional employers, trade unions and the municipal labour market, but legal rights and duties are the same across Norway.

Why You May Need a Lawyer

You may need a lawyer when hiring or firing in Larvik if the situation is contested, complex or carries significant financial or personal consequences. Typical situations include:

Disputed dismissals - when you believe a termination is wrongful, unfair or lacking objective justification.

Collective redundancies - when several positions are terminated and consultation requirements, notification duties and selection criteria must be handled correctly.

Allegations of discrimination - if termination or adverse treatment is related to pregnancy, parental leave, disability, ethnicity, religion, age, sexual orientation or other protected grounds.

Severe misconduct or immediate dismissal - if an employer seeks to use avskjed - immediate dismissal - or if an employee is accused of serious breaches.

Negotiating settlements - when parties prefer a negotiated exit agreement or severance package rather than litigation.

Contract drafting and review - to ensure employment contracts, fixed-term contracts and confidentiality or non-compete clauses comply with Norwegian rules.

Transfer of undertaking issues - when business sales or reorganizations raise questions about automatic transfer of employment rights - virksomhetsoverdragelse.

Disputes over pay, overtime or holiday pay - particularly where collective agreements may influence entitlements.

Representation at court or administrative bodies - where a claim is brought before a district court or specialised labour or equality bodies.

Local Laws Overview

The following key aspects of Norwegian law are especially relevant for hiring and firing in Larvik.

Working Environment Act - general protection - Termination must have an objective and lawful basis. The law distinguishes between regular termination with notice - oppsigelse - and immediate dismissal for serious breaches - avskjed. Employers must normally be able to show objective reasons related to the employee's conduct, capacity or the employer's operational needs.

Procedure requirements - Employers must follow procedural rules when considering termination. This includes informing the employee of the grounds for possible dismissal, allowing the employee to present their version, and considering alternatives to dismissal.

Notice periods and probation - Notice periods depend on the employment contract, any applicable collective agreement and statutory minima. Probationary periods are common but must be expressly agreed and are subject to limits and rules about notice during probation.

Fixed-term employment - Fixed-term contracts are allowed for specific reasons set out in the law. Repeated temporary contracts can, in some cases, lead to a conversion to permanent employment.

Protection during vulnerable periods - Special protections exist for employees on sick leave, pregnant employees, employees on parental leave and employees with disabilities. Dismissing someone for reasons related to these protected statuses can be unlawful.

Collective procedures - Large-scale redundancies and changes that affect many employees require consultation with employee representatives and notification to authorities and unions. Collective agreements often set additional rules and longer notice or consultation periods.

Union rights and collective agreements - Many workplaces in Norway are covered by collective agreements that improve on statutory minimums. Unions have strong roles in advising, negotiating and representing employees in disputes.

Remedies and compensation - If a dismissal is found unlawful, remedies can include reinstatement, compensation and damages. The availability of reinstatement, and the level of compensation, depends on the circumstances and whether the employer can correct the situation.

Frequently Asked Questions

Can my employer fire me without giving a reason?

No. Under Norwegian law an employer must have an objective and lawful reason for termination. The employer should state the grounds for dismissal and follow proper procedure. If you receive a termination without a clear reason you should request a written explanation and seek advice quickly.

What is the difference between oppsigelse and avskjed?

Oppsigelse is a regular termination with notice. Avskjed is immediate dismissal without notice due to serious misconduct or gross breach of duties. Avskjed requires especially strong grounds and can be challenged in court. Employers must carefully document grounds before pursuing avskjed.

How long do I have to act if I want to challenge a dismissal?

Time limits vary by claim type and circumstances. Some claims have statutory limitation periods while others are governed by procedural deadlines. Because deadlines can affect your available remedies, act promptly - contact your union or a lawyer as soon as possible after a dismissal to confirm timelines.

What if I am on sick leave or parental leave when the employer terminates me?

Employees enjoy strong protection during sick leave and parental leave. Dismissal related to sickness or parental leave can be unlawful. Even when an employer cites operational reasons, the timing and reason will be scrutinised. Seek advice if termination coincides with any protected leave.

Am I entitled to severance pay when I am fired?

There is no general statutory right to severance pay in Norway except where a collective agreement or contract provides for it. However, if a dismissal is unlawful you may be eligible for compensation or damages. Many negotiated settlement packages include severance, and unions or lawyers can help with negotiation.

Can an employer change my employment terms without my consent?

No, not normally. Fundamental changes to salary, duties or working hours usually require agreement. An employer can propose changes for operational reasons, but they must follow a lawful process and may need to consult employee representatives. Unilateral detrimental changes can amount to constructive dismissal.

What protections exist for trade union representatives?

Trade union representatives and worker safety delegates have special protection against dismissal and adverse treatment. Employers must have very strong grounds to dismiss a union representative and must follow strict rules and consultation procedures.

How are redundancy selections decided when several employees are laid off?

When redundancies are necessary employers must use objective, reasonable and documented selection criteria. Employers should consult with employee representatives and consider alternatives to dismissal. Criteria may include competence, experience, suitability for alternative roles and length of service, depending on the situation and any applicable collective agreement.

Can fixed-term contracts be extended indefinitely?

Fixed-term contracts are intended for temporary needs and are allowed only for specified reasons under the law. Repeated use of short fixed-term contracts can lead to conversion to permanent employment. Always check your contract and the legal basis for the fixed-term arrangement.

What steps should I take immediately after being dismissed?

Request written confirmation of the dismissal and the reasons for it. Gather your employment contract, payslips, correspondence and any documentation of performance or misconduct allegations. Contact your union if you are a member. Seek legal advice promptly to understand your rights, preserve evidence and meet any deadlines for contesting the dismissal.

Additional Resources

Here are public bodies and organisations that can help with hiring and firing issues in Larvik and Norway:

Arbeidsmiljøloven - the Working Environment Act is the primary statute governing employment law and is the starting point for rights and obligations.

Arbeidstilsynet - the Norwegian Labour Inspection Authority oversees workplace health and safety and can give guidance on employer duties.

NAV - the Norwegian Labour and Welfare Administration handles unemployment benefits, employer notifications for layoffs and public employment services.

Likestillings- og diskrimineringsombudet - the Equality and Anti-Discrimination Ombud handles discrimination complaints related to employment.

Fagforeninger - trade unions provide advice, representation and negotiation support for members. If you are a member, your union is often the first point of contact.

Arbeidsretten - the Labour Court deals with collective labour disputes and interpretation of collective agreements. Individual disputes typically go to the ordinary courts.

Advokatforeningen and local lawyers - seek a lawyer experienced in employment law. Many lawyers in Vestfold og Telemark and Larvik specialise in employment disputes.

Local municipal services - Larvik kommune may provide information about local employment initiatives and municipal HR rules if your employer is a public body.

Free or low-cost legal advice - university law clinics, legal aid schemes and local advice centres may offer limited assistance for eligible persons. Check local services for availability.

Next Steps

If you need legal assistance in Larvik follow these practical steps:

1. Preserve documents - save your employment contract, written warnings, correspondence, payslips, performance reviews and any documents related to the dismissal or hiring decision.

2. Request written reasons - ask your employer in writing for a clear statement of the grounds for dismissal and any relevant documentation.

3. Contact your union - if you are a union member, notify them immediately so they can advise and represent you during negotiations or disputes.

4. Get legal advice - consult a lawyer experienced in Norwegian employment law to assess whether the dismissal was lawful and to explain remedies. Early advice helps protect rights and meet deadlines.

5. Consider negotiation or mediation - many disputes are resolved by negotiation or settlement. A lawyer can help negotiate severance or exit terms.

6. Be aware of deadlines - time limits can affect your right to challenge a dismissal or claim compensation. Confirm any deadlines with your lawyer or union.

7. Consider official complaints where appropriate - if the issue involves discrimination or safety law breaches, you may file complaints with the relevant public bodies mentioned above.

8. Prepare for formal proceedings if necessary - if negotiations fail you may need to pursue the matter in court. A lawyer will guide you through the process and represent you if required.

Hiring and firing matters can be legally and emotionally challenging. Acting promptly, preserving evidence and seeking expert advice will give you the best chance of protecting your rights or achieving a fair outcome.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.