Norway

The employment contract should as a minimum specify; the identities of the parties, the place of work, a description of the work or the employee's title, the date of commencement of the employment, entitlement to vacation and vacation pay, notice periods for termination, the salary, working hours and if the employment is of a temporary nature, its expected duration.

4. Is there a legal requirement to provide an employee with a written contract and if so, when does this have to be provided?

Section 55 B of the Worker Protection and Working Environment Act states that all employment relationship shall be subject to a written contract of employment. The employer shall draft a written contract of employment.

In the case of employment relationship of a total duration exceeding one month, the written contract shall be entered into as soon as possible and not later than one month after commencement of employment.

In the case of employment relationships of a shorter duration than one month or to hired labour, a written contract shall be entered into immediately.

5. How would you define a redundancy/economic dismissal?

Section 60 of the Worker Protection and Working Environment Act defines it as dismissal due to curtailed operations or rationalization measures.

6. What is the procedure that an employer must follow when making an employee redundant/or dismissing on economic grounds?

The employer should consider alternative employment. Dismissal due to curtailed operations or rationalization measures are not objectively justified if the employer has other suitable work to offer the employee in the establishment.

7. Do you have laws against discrimination, if so, what types of discrimination do you have and how are they defined?

The Worker Protection and Working Environment Act Section 55 A, prohibits discrimination.

The employer may not, while engaging employees, discriminate against applicants on grounds of race, colour, national or ethnic origin, homosexuality or homosexual form of cohabitation. By discrimination is meant any action which, for no reason, directly or indirectly distinguishes between people on grounds of race, colour or ethnic or national origin, homosexuality, homosexual form of cohabitation or disability.

According to the Gender Equality Act section 4, job vacancy must not be advertised as being restricted to one sex only unless there is an obvious reason for doing so. Nor must the advertisement give the impression that the employer expects or prefers one of the sexes for the position. In connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men.

8. Do you recognise harassment and again, how is this defined?

According to the Gender Equality Act section 8 a, no person may subject another person to sexual harassment. The term "sexual harassment" is defined as unwanted sexual attention that is offensive to the object of such attention. Sexual harassment is considered to be differential treatment on account of gender. The employer and management of organizations are responsible for preventing and seeking to preclude the occurrence of sexual harassment within their sphere of responsibility. The Gender Equality Ombud and the Gender Equality Board of Appeals enforces the provision.

9. What can an employee do about discrimination?

A job applicant, who believes himself or herself to have been subject to discrimination, may demand to be informed in writing by the employer of what education qualifications, practice and other ascertainable qualifications for the post are held by the person appointed.

If the employer has acted in contravention of the provisions against discrimination, the job applicant may demand compensation.

10. What is an unfair dismissal?

According to section 60 of the Worker Protection and Working Environment Act, a dismissal is unfair unless the dismissal is objectively justified on the basis of matters connected with the establishment, the employer or the employee.

Dismissal before an employee reaches 70 years of age due solely to the fact that the employee has reached retirement age pursuant to the National Insurance Act is automatically unfair.

11. What can an employee do about an unfair dismissal?

Employees who wish to claim that an employment relationship has not been legally terminated or who wish to claim compensation owing to termination of an employment relationship may demand negotiations with the employer. If the dispute is not settled by negotiation or if negotiations are not conducted, the employee may, within eight weeks of the conclusion of negotiations or of the date that notice of dismissal was given, open legal proceedings.

12. If a dismissal is found to be unfair, what compensation can the employee obtain?

If a dismissal is found to be unfair, the employee can remain in his post or get compensation or both. Compensation is the most common remedy and usually preferred by the parties. The compensation shall be stipulated in the amount the court deems reasonable in view of the financial loss, the circumstances of the employer and employee and other circumstances.

13. Do you have collective/trade union law?

Yes.

14. If so, what rights does an employee have?

The employee has the right to become a trade union member. An agreement reached between a union and an employer or an organisation of employers, might be described as a collective agreement. If the employee accepts a collective agreement, its regulations will be enforceable by law.

15. Does the employer have to accept collective/trade union law?

The employee does not have to accept collective/trade union law. If an employee is a trade union member, the employer is not under any obligation to negotiate with the union.

16. Can any individual from another country come and work in your country?

Yes.

17. If so, is there immigration controls/work permits that need to be applied for?

Based on the principle of the free movement of labour between EU states, an individual from another EU state can come and work in Norway. However, individuals from non-EU states can work in Norway only if they have the appropriate work permit.

18. What criteria are used for any such applications?

For a person to be granted a permit as a specialist it is a requirement that the special expertise is deemed absolutely necessary for the business enterprise, and that the post cannot be filled by domestic labour or labour from the EU area.

Prior to applying for a work permit as a specialist a person must have a concrete offer of employment. The employer must make this offer on the stipulated form or it must be submitted as a standardized employment contract. The offer of employment must normally be valid for at least one year.

A specialist work permit is connected to a particular job and a particular place of work. This means that a person who is granted a permit for a particular job in a particular business enterprise may not take other employment in or outside this company without permission.
Works permit for a seasonal worker can be granted for up to three months and, as a general rule cannot be renewed. Upon application seasonal work permits may be extended within the three-month period, and in extraordinary cases may also be further extended by up to one additional month. New permits cannot be granted until the person in question has had six months' residence outside Norway.
Prior to applying for a seasonal work permit a person must have a concrete offer of employment. The employer must make this offer on the stipulated form or it must be submitted as a standardized work contract.

For both specialist and seasonal workers, another requirement is that wages and working conditions cannot be less than the applicable tariff agreement, wage scale or normal standards for this type of work and place of work.

19. What does an employer have to do if he receives an application from someone who is not a national in your country for a job?

If the applicant is an EU national, the employer is entitled to employ that individual. If the applicant comes form a country outside the EU, the Norwegian Directorate of Immigration has to be contacted for a work permit.

20. What is the tax position for a foreign employee?

Foreign employees that during a temporary stay in Norway, receive wages and other remuneration from sources within Norway for personal work performed in Norway, are liable to Norwegian taxation. Foreign employees hired out to perform work in Norway, are also tax liable from the first day of work.

Persons staying in Norway for more than six months are for tax purposes considered residents in Norway and are subject to unlimited Norwegian taxation. However, the tax liability according to Norwegian law may be limited in tax conventions with other states.

21. Are employees protected in the event of a sale or a purchase of a business?

Yes, according to section 73 A-E of the Worker Protection and Working Environment Act, the employees are protected in the event of a sale or a purchase of a business.

22. If so, what rights do employees have and what can they do about it?

The new owner of a business is obliged to enter a contract of employment with all the employees who are working in the business at the date of transfer.

23. What does the employer have to do in the event of a sale or a purchase of a business, which includes employees?

The previous and the new owner are obliged to discuss transfer with the elected representatives of the employees as early as possible. Particular information shall be given concerning:

the reason for the transfer

the legal, economic and social implications of the transfer for the employees

measures planned in relation to the employees

the agreed or proposed date for the transfer

24. What is the position regarding agents in your country, briefly outline how agents are dealt with and what documentation is required.

The Commercial Agent Act came into force 1 January 1993 in order to create uniformity across the EU with regard to self-employed agents and as such, is the same as throughout the EU.

Christian Wefling

Advokatfirmaet

Norway