Best Hiring & Firing Lawyers in Sarpsborg

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Founded in 2002
13 people in their team
English
Advokatfirmaet Bjørge - Skaaraas & Co AS is a specialist law firm based in Sarpsborg, Norway, known for concentrated expertise in real estate law and procedural litigation. The firm provides legal advice and court representation to both public and private clients, with particular strength in...
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About Hiring & Firing Law in Sarpsborg, Norway

Hiring and firing in Sarpsborg is governed primarily by national Norwegian law, with local employers following the same rules as elsewhere in Norway. The central piece of legislation is the Working Environment Act - Arbeidsmiljøloven - which sets minimum standards for employment contracts, probation periods, notice periods, permitted grounds for dismissal, and protections for vulnerable groups. Collective agreements, individual contracts, and internal company procedures also shape practice. While Sarpsborg does not have a separate employment code, local employers and employees often work with trade unions, NAV and municipal services based in Sarpsborg and the surrounding Viken region for practical support and guidance.

Why You May Need a Lawyer

Employment disputes can be emotionally and financially stressful and may involve complex legal requirements. You may need a lawyer if you face any of the following situations:

- You have been dismissed and believe the dismissal was unfair or procedurally incorrect.

- Your employer threatens termination for reasons you dispute, or you receive a notice that you do not understand.

- You are facing redundancy and questions about selection criteria, the consultation process, or severance entitlements arise.

- You are a union representative or protected employee and face adverse treatment linked to your role.

- You have an unresolved dispute about contract terms, notice pay, unpaid wages, holiday pay or other unpaid claims.

- You are negotiating a settlement, termination agreement or severance package and want to secure the best possible terms.

- You are an employer with a complex dismissal or reorganization and need help complying with procedural and documentation duties to reduce legal risk.

Local Laws Overview

The following key legal aspects are particularly relevant when hiring and firing in Sarpsborg:

- Employment contract - Every employee should have an employment contract. The contract should set out job duties, salary, place of work, working hours, probation period if any, notice periods and any collective agreement that applies.

- Probation period - Probation is commonly used to assess suitability. Probationary periods are typically agreed in the contract and are subject to statutory limits and specific notice rules. During probation the notice period is usually shorter than for permanent employees.

- Notice periods - Notice periods depend on what the contract or any applicable collective agreement provides. If not otherwise agreed, statutory minimum notice periods apply. Employers must respect notice periods when terminating employment, unless dismissal without notice is justified by a major breach of duty.

- Objective grounds for dismissal - Employers must have an objective, factual and documented reason to terminate employment. Acceptable reasons include lack of qualifications or performance, conduct-related breaches, and redundancy for economic or structural reasons. The employer must be able to demonstrate the reason and show that dismissal is a proportionate response.

- Procedural requirements - Before dismissal for performance or conduct, employers should hold a discussion meeting - drøftelsesmøte - with the employee to review the matter and possible alternatives. Employers should give the employee written notice of termination, explain the reason and keep documentation of steps taken.

- Special protections - Certain groups enjoy extra protection. This includes pregnant employees or employees on parental leave, employee representatives and trade union officials, employees on long-term sick leave in many circumstances, and those protected under anti-discrimination rules. Dismissing for reasons linked to protected characteristics is unlawful.

- Summary dismissal - In cases of serious breaches such as theft, gross negligence or repeated, serious misconduct, an employer may dismiss without notice. These situations require strong evidence and careful handling to avoid claims for wrongful dismissal.

- Redundancy and collective lay-offs - When several employees are to be dismissed for business reasons, employers must consult with employee representatives or unions and follow any statutory or negotiated procedures. Collective agreements often set rules on selection criteria, compensation and consultation obligations.

- Severance pay - Norwegian law does not automatically guarantee statutory severance pay in all dismissals. Severance may be provided if set out in the employment contract, collective agreement or agreed as part of a negotiated settlement.

- Dispute resolution - Unresolved disputes can be handled through negotiation, union assistance, mediation, the conciliation board - forliksrådet - or litigation in Norwegian courts. For collective disputes there are special procedures including the Labour Court - Arbeidsretten - for collective bargaining conflicts.

Frequently Asked Questions

Can my employer terminate me without giving a reason?

No. Employers must give an objective and factual reason for termination. You should receive written notice and, if you request it, a clear explanation of the grounds for dismissal. If you suspect the reason is inadequate or false, consult a union representative or a lawyer.

What notice am I entitled to when my employment is terminated?

Notice periods depend on your contract or any applicable collective agreement. If no specific notice is agreed, statutory minimum notice periods apply. Contracts or collective agreements may provide longer notice periods. Probationary notice periods are usually shorter. Check your contract and seek advice if the notice seems incorrect.

Can I be dismissed while on sick leave or parental leave?

There are strong protections for employees on sick leave and for those on parental leave. Dismissal is possible in limited circumstances but employers must have objective grounds unrelated to the protected status. Challenging such a dismissal often requires legal or union assistance.

What is a drøftelsesmøte and do I have a right to one?

A drøftelsesmøte is a meeting between employer and employee to discuss reasons for a possible termination and alternatives. Employers are expected to hold such a meeting before issuing notice in many cases. You have the right to bring a union representative or advisor to this meeting.

What should I do if I receive a written warning or performance notice?

Keep a copy, document your response, request clarification on expectations and deadlines, and ask for any support or training needed. If you think the warning is unfair, raise the matter with HR, your union or a lawyer and request a meeting to discuss and correct the situation.

Am I entitled to severance pay if I am made redundant?

There is no general statutory right to severance pay in Norway. Entitlement depends on what your contract or a collective agreement says, or on negotiated settlements. If you are being made redundant, consider negotiating a settlement and seek legal advice before signing anything.

How long can I wait before challenging a dismissal?

It is important to act promptly. While exact time limits depend on the type of claim and forum, raising the matter quickly with your employer, union or a lawyer improves your position. If you plan litigation, consult a lawyer early to preserve evidence and meet procedural deadlines.

Can I bring a friend or union representative to meetings about dismissal?

Yes. You are entitled to be accompanied by a union representative or other advisor in key meetings about dismissal, especially if you are a union member or a workplace representative. Ask for this support in writing if necessary.

What if I was dismissed for poor performance but I disagree with the assessment?

You should request the supporting evidence and any formal performance documentation. Raise the matter formally with HR, request a meeting, and gather documentation that supports your performance. If the dispute is not resolved, seek union or legal assistance to review whether the dismissal was objective and proportionate.

Who can help me locally in Sarpsborg if I have an employment dispute?

Local options include your union, NAV offices for guidance on benefits and layoffs, Arbeidstilsynet for workplace inspections and rights advice, and local lawyers who specialise in arbeidsrett. Sarpsborg municipality may also provide information about local services and support programs.

Additional Resources

For reliable guidance and support, consider contacting the following types of organisations and agencies:

- Norwegian Labour Inspection Authority - Arbeidstilsynet - for guidance on working conditions and employer obligations.

- Norwegian Labour and Welfare Administration - NAV - for information about unemployment, layoffs and benefits.

- Equality and Anti-Discrimination Ombud - Likestillings- og diskrimineringsombudet - for discrimination and harassment issues.

- Trade unions active in your sector - for advice, representation and collective agreement information.

- Local lawyers specialising in employment law - advokater with experience in arbeidsrett for individual representation and contract review.

- The Norwegian Bar Association - for finding qualified and authorised lawyers.

- Sarpsborg kommune - for local public services, guidance and municipal assistance programs.

Next Steps

If you need legal assistance with hiring or firing matters in Sarpsborg, follow these practical steps:

- Gather documentation - collect your employment contract, pay slips, written warnings, emails, meeting notes and any relevant correspondence. This will help a lawyer or union evaluate your case quickly.

- Contact your union - if you are a member, your union can provide immediate advice and may represent you in meetings and negotiations.

- Seek initial legal advice - book a consultation with an employment law lawyer to review your situation and options. Ask about fees and funding options such as legal aid or union coverage.

- Do not sign settlement agreements immediately - ask for a review before you sign any termination or severance agreements.

- Keep records - document conversations, meetings and dates. Timely and accurate records strengthen your position in any dispute.

- Consider mediation - some disputes can be settled faster and cheaper through negotiation or mediation rather than court proceedings.

- Act quickly - employment disputes can involve time limits and obligations to raise concerns internally first. Prompt action protects your rights.

If you are unsure where to start, make an appointment with a local employment lawyer or reach out to your trade union for an initial assessment of your situation. Early professional advice will give you a clearer view of risks, likely outcomes and the best path forward.

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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.