As an employer responsible for your employees, you may find yourself in challenging situations where an employee fails to meet expectations. Perhaps the employee does not follow instructions, adhere to deadlines, or behaves disrespectfully toward colleagues, creating a strained and demanding work environment.
However, employment protection laws in Norway are very strict, making it difficult to navigate such situations. In this blog post, we provide advice for employers on how to handle these challenges in a structured and lawful manner.
Employment protection refers to the legal safeguards employees have against unfair dismissal or termination. It is regulated by the Working Environment Act and prevents employers from terminating employment without a valid reason. This ensures stable and secure working conditions.
Valid reasons for termination can include inadequate job performance, serious breaches of the employment agreement, or operational reasons such as downsizing or restructuring. In other words, you cannot terminate an employee without just cause based on circumstances related to the business, the employer, or the employee.
Let’s look at some examples related to employee behavior.
Many employers experience issues where employees misuse remote work arrangements, leading to insufficient work being performed.
A key principle is that remote work must be agreed upon in writing beforehand between the employer and employee. The agreement should outline the scope of remote work, working hours, availability, and any potential modifications to the arrangement.
Remote work is often a benefit offered by the employer. If the employee fails to meet their obligations under the remote work agreement, it can be adjusted or modified to ensure the required work is completed.
Isolated violations of the remote work agreement do not in themselves constitute just cause for termination. Your duty to provide accommodations comes into play here, making close follow-up and adjustments crucial to give the employee a real chance to meet your expectations. For instance, you could tighten the terms of the remote work agreement and discuss what arrangements might work best.
If no written agreement exists, you can require the employee to work on-site as per the employment contract. If the employee refuses and fails to comply with these requirements, this could be grounds for termination.
Also read: Employment contracts, what you need to include
If an employee consistently performs below expectations, this may also be grounds for termination. However, it’s important to ensure the employee has been given a fair opportunity to meet the goals and expectations set by you and that these expectations are reasonable. Regular follow-up meetings, guidance, and training should also be provided. Termination for poor performance cannot occur if the employee hasn’t been given the chance to improve.
As an employer, you must provide evidence that the termination is justified. This requires documentation of follow-up actions and guidance. Verbal conversations and follow-ups can be challenging to prove, so maintaining written records is essential. Consistent follow-up is also important to ensure that the decision to terminate does not come as a surprise to the employee.
In a case heard by the Oslo District Court (TOSL-2023-146576), an employee who created a difficult work environment for colleagues and failed to change their behavior after warnings and feedback from the employer had their termination upheld. The employer had provided close follow-up throughout the process, and the court found substantial and valid grounds for the termination.
The case involved persistent unprofessional and inappropriate communication and behavior toward colleagues, supervisors, and external partners. Communication between the employee and employer was described as time-consuming and exhausting for the workplace. The decision emphasizes that follow-up and feedback from the employer are critical for meeting the requirements of just cause.
It is important to note that every case is unique and must be assessed individually. Specific circumstances in each case can significantly impact whether a termination is deemed lawful.
If you conclude that the employment relationship must end and you can justify termination based on the employee’s conduct, it is essential to follow the correct process.
Ensure you have documentation of conversations and actions taken to give the employee a chance to improve.
Before making a termination decision, the matter must be discussed with the employee. The employee is entitled to bring a representative to such meetings. It is recommended to prepare a protocol for the meeting.
After the meeting, you must decide if the grounds for termination are sufficient, considering the employee’s input.
If you decide to terminate the employee, the following formal requirements apply:
Also read: The strict rules for termination of employees in Norway
Are you unsure whether you have grounds to terminate an employee or struggling to determine the correct approach? Help is available. We have extensive experience with termination cases and have supported businesses through every stage of the process—from the initial issue to the conclusion of the employment relationship. Our goal is to ensure a structured process that respects both the employer and the employee.