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WORKING IN NORWAY

The probation period rules new employees in Norway need to know

A new year may also mean that you’ve started a new job recently. We’ve covered the probation rules employees in Norway need to know about, and when they do or do not apply.

Pictured is a person at work.
Probation is a common work practice in Norway .Pictured is a person at work. Photo by Bench Accounting on Unsplash

Many use the turn of the year, or at least the early months, to start a new role. A practice that is extremely common in Norway is the probation period.

Firms use probation to establish whether workers can adapt to the role’s demands and behave professionally.

During the probation period, the grounds for dismissing an employee are much lower, and if the worker isn’t so fond of their new surroundings, their notice period is also shorter if they are unhappy and wish to resign.

READ ALSO: The verdict on working for a Norwegian firm

How does probation work in Norway?

You should first be made aware of your terms of probation when you are offered a work contract. All probation periods need to be in writing when the contract is signed. Should the employer wish to add a probation clause after signing the contract, they will need your consent.

However, this rule primarily applies to the private sector. Public sector employees are subject to a mandatory six-month probation period in any employment relationship unless the law on public sector workers applies otherwise.

The probation period also means that the worker must receive the necessary training to perform the role and proper feedback and follow-up on their work. If this isn’t provided, the grounds for dismissal during the probation period would be considered unfair.

How long is probation?

Typically, it should be between three and six months. Six months is the legal limit. Probation can be extended if you are off work sick during probation but can only be extended by the length of time you were away from your job.

If you start a new role within the same company, you may be asked to undergo another probation period.

Notice during the probation period

Typically, the notice period during probation is 14 days unless otherwise stated in the contract. The notice period for those in the public sector is much longer, at one month.

If you are unlucky enough to be dismissed during the probation period, it will need to be made in writing before the end of the probation period. Should you wish to quit, you aren’t obliged to put your resignation in writing, but it is strongly recommended.

What can get you dismissed during the notice period?

As explained previously, the reason for dismissal during probation must be based on the worker’s adaption to the work, professional competence, and reliability.

Coming to work late, taking long and frequent breaks and poor treatment of clients, customers or colleagues all fall under this category.
Employees can also be dismissed for reasons unrelated to probation, but these have a higher threshold, and the “normal rules” for dismissal should apply.

Being fired during your probation period shouldn’t be a shock to the employee, though. Typically, for there to be a valid reason for an employee to be fired, they will already need to have been assessed and instructed on how to do the job repeatedly and be informed that their work isn’t to an acceptable standard.

The employee will also need to be allowed to improve their performance and shown how to perform their tasks.

Suppose an employee is to be dismissed for not performing at the level required. In that case, the validity of the firing should be measured against the job advertisement, the type of role, the employee’s education and experience and the job advert.

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For members

WORKING IN NORWAY

Four steps to take straight after you lose your job in Norway

Losing a job is a nightmare scenario for many of us. Losing a job as a foreign resident in Norway comes with even more risk. Following these steps should help you get back on your feet in no time.

Four steps to take straight after you lose your job in Norway

Being laid off is never easy, but as a foreign resident, finding yourself unemployed could also jeopardise your residence rights.

This extra layer of stress compounds dealing with a country’s workplace regulations on employment termination and what rights you may be entitled to as a job seeker.

In the immediate aftermath of losing your job, it can be hard to think clearly, but following these four steps should help you move forward—and hopefully, the next opportunity will come your way soon.

1. Checking the terms and legality of the firing

Before signing or agreeing to anything, familiarising yourself with the rules for ending employment relationships in Norway is important.

While the country has a good reputation for protecting workers, unlawful firings happen regularly, and some workers sign unfavourable terms when they may be entitled to more.

The dismissal must be “factually justified,” and the burden of proof that the firing was justified lies with the employer.

In cases of misconduct and performance issues, the employer must also collect detailed evidence, issue warnings, and make documented efforts to improve the worker’s performance or behaviour.

When a meeting over termination is held, all proper steps must be subsequently followed, and you will be allowed to bring a representative.

If the employer has not followed all these steps, you can dispute the firing.

It is important that workers do not let their employers pressure them into resigning, as this relieves the employer of fulfilling its obligations and of having to provide a reason for the grounds for firing.

More information on the termination of employment relationships can be found on the website of the Norwegian Labour Inspection Authority.

It is also important to ensure that you receive all the necessary documentation from your employer; if you don’t, the termination may be considered invalid. 

READ ALSO: Is it really ‘impossible’ to get fired in Norway?

2. Contact your union

A large bulk of the Norwegian workforce is unionised, and if you have been fired you can still make use of your union.

You can use the union to determine whether the firing was justified or legal.

Union lawyers have a fairly good track record of getting members’ dismissals overturned.

These associations also have resources to help members who have become job seekers. This can include CV workshops and job-seeking tips.

3. Check how the job loss affects your residence rights

Becoming unemployed can affect your right to live in Norway legally. Figuring out how being unemployed will affect your rights to live and remain in Norway is hugely important.

If you are in Norway on a work permit, you must notify the local police station in your area within seven days of becoming unemployed.

From there, you will have up to six months to look for a new job in Norway. When you get a new job, you may be required to apply for a new permit.

For those on a skilled worker permit, this means the job must be related to their skills and qualifications, and they cannot just get any job.

Those from the EEA can continue living in Norway as long as they like, as long as they have been working in the country for over a year. If you’ve worked in Norway for less than a year, you will have six months to find a new job.

Workers from the EEA aren’t required to have a job directly related to their skills and qualifications. 

READ ALSO: What happens to work permit holders in Norway if they lose their job?

4. Register with NAV

Those who are legally living in Norway and paying taxes are members of the Norwegian National Insurance Scheme.

If you are a member of the National Insurance Scheme, then you may be eligible for welfare or unemployment benefits from the Norwegian Labour and Welfare Administration (NAV).

You will need to register as a job seeker in addition to applying for unemployment benefits. Alternatively, you may be entitled to wages that your employer still needs to pay if the company has gone bankrupt. You can read more about the process of applying for unemployment benefits (in Norwegian) here.

Having access to this financial lifeline may be able to tide you over until you find a new job.

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