How can Jussbuss help employees with legal issues at the workplace?
Amongst other things, Jussbuss can help in cases regarding resignation, dismissal and the process when you do not get your salary and holiday pay. We are also able to help with questions regarding work hours, overtime and other questions related to labour law. We do not take cases concerning labour law for employers or self-employed persons, only employees.
Jussbuss also works to change the legal policy to strengthen workers' positions in legal disputes. We are currently working for free legal aid when collecting outstanding wages and efforts to reduce social dumping.
Below you will find answers to the most frequently asked questions about labour law, and at the bottom of the page you will find our brochures on specific subjects within labour law.
Do you wish to talk to one of our caseworkers about a labour related question? See how you can contact us here.
Am I entitled to a written contract when starting a new job?
Yes, all employees shall have a written employment contract. The contract shall contain information on all matters of significant importance to the employment.
What should I do if my employer does not pay me my salary?
Your employer is obliged to pay you the salary you have earned.
If the employer does not pay your salary, the first step will be to send a letter demanding in writing that he or she shall pay you the salary within a set time limit. This is normally referred to as a letter of claims. If your employer still will not pay, the next step will be either to bring the case before the conciliation board (Forliksrådet in Norwegian), or present a petition for the bankruptcy of your employer. You can read more about this in Jussbuss’ brochures “Salary and holiday pay” and ”Forliksrådet – hvorfor, hvordan, og hva skjer” (this brochure is unfortunately not yet available in English).
My employer is making deductions from my wages. Is this legal, and what should I do?
There are strict rules for when your employer can make deductions from your wages. As a general rule, your employer cannot make deductions if it is not permitted by law or agreed in writing in advance. The same applies if you, in writing, have acknowledged that you are liable to pay damages or have received a verdict saying so. The reason why the rules for making deductions are so strict is the huge consequences such deductions can have for the employee. The deductions cannot be so large that you do not have enough to support yourself and your family. You can read more about deductions in Jussbuss’ brochure “Salary and holiday pay”.
Can my employer make me work longer than what we agreed to, and in that case am I entitled to extra wages?
Your employer can, due to his managerial prerogative (the employers right to organise, manage, inspect your work etc.), decide additional work and overtime on employees. However, this only applies if there is a special and time-limited need for it. The employer cannot make it so that the regular arrangement leads to the employees working overtime.
Ordinary working hours shall not exceed nine hours in 24 hours and 40 hours in seven days. If work exceeds this, the excess is regarded as overtime work. For overtime, you have the right to an addition of 40 % of your hourly salary. Exceptions to this rule are if you have a senior position, a specially independent position, or it is regulated in a collective agreement you are bound by etc.
I have been notified that I will be terminated, but the employer has told me that I can resign myself instead. What should I do?
As a general advice, we would recommend you not to resign yourself. By resigning, you will usually lose the opportunity to dispute the termination. In addition to this, you could get extended waiting time on unemployment benefits.
Am I entitled to a written resignation?
Yes! The resignation must be in writing and shall include information about the rights of the employee in the event of a dispute.
I will be terminated from my job, how long is my period of notice?
After Norwegian law the period of notice must be minimum one month. This applies unless otherwise agreed in your employment contract. If your employment contract states a shorter notice period, the legal starting point of one month will apply nonetheless.
If you are currently in a probationary period agreed in writing, the notice period is 14 days. If you have been employed for more than five years in the same business, the notice period is two months. With ten years of employment the notice period is three months, and after ten years of employment the notice period is four months when the employee has reached 50 years, five months at age 55 or more and at least six months when the employee has reached 60 years. The notice period runs from the first day of the month after you received the notice.
I have been terminated/summarily dismissed, and I am not sure my employer is legally allowed to do so. What does it take for the termination to be legal?
A notice of termination must be substantively justified in the circumstances on the enterprise's, employer's or employee's part. Jussbuss can look at your case to see if you have been rightfully terminated.
When summarily dismissed, se the working Environment Act (arbeidsmiljøloven section 15-14), the employee is stripped of his or her rights and duties as an employee with immediate effect and for this reason it is more comprehensive than a normal termination. For a summary dismissal to be lawful, you must be guilty of gross breach of duty or some other significant breach of the contract of employment. It takes a lot to give basis for a summary dismissal. Examples of reasons for dismissal would be theft, violence, substance abuse and invalid absence.
I have been terminated from my job and wish to dispute the termination. What should I do?
If you have been exposed to a termination you think is unfair and want to go to court proceedings, it is important that you dispute the termination within the time limits specified in Section 17-4 of the Working Environment Act. You should call for a negotiation meeting. This is a meeting between the employee and the employer, where you can present your case and your demands, to try and get a memorable solution. You are entitled to, and it will often be worth bringing a union representative or another legal counsellor at the negotiation meeting. If you do not have the possibility to bring a representative or adviser, you can also bring a friend.
Remember that a request for a negotiation meeting must be submitted within two weeks after the notice is received. If the dispute is not resolved by negotiation, you can file a lawsuit within eight weeks from the end of the negotiations. There is no time limit for filing a lawsuit if the termination is not in writing or has not been delivered to the employee personally or by registered letter. More information about the process can be found in Jussbuss' brochure “Redundancy, dismissal and temporary lay-off”.
I am resigning and in regards to this, I want a certificate of employment from my employer. Am I entitled to this?
Yes. The certificate must state your name, date of birth, what the work has consisted of and the duration of the employment. The employer is free to write a more supplementary certificate than this.