Employment law
The lawyers at KPU assist private individuals, businesses, employers' organisations and trade unions with employment law matters. Our main focus is on resolving disputes by finding good solutions through preventive measures and negotiation, but we also assist extensively in conducting legal proceedings.
Employment contract
The employment contract should provide clarity on a number of questions of importance to both employee and employer. A good employment contract creates predictability and can prevent unnecessary disputes. It is therefore advisable to contact a lawyer when such a contract is to be drawn up.
An employment contract must be concluded in writing no later than one month after the employment begins. The employer must prepare a draft contract which the employee is to be given the opportunity to review before signing. In this process the employee is entitled to be assisted by a union representative or a lawyer.
The absence of a written contract is unfortunate, first of all, because experience shows that unnecessary disputes will arise. In the event of a dispute, the lack of a written contract will be held against the employer, as the employer will bear the burden of proof as to the contents of the contract.
The Working Environment Act contains provisions on what must be set out in the employment contract.
Dismissal, summary dismissal and temporary lay-off
Under the Working Environment Act, any dismissal must be objectively justified. The grounds may relate to circumstances on the part of either the employer or the employee. Assessing whether a dismissal is objectively justified is often highly complex, as questions of the seriousness of the matter, the degree of fault and the needs of the parties must be weighed against one another. A dismissal case will have serious consequences for the parties, and legal assistance will often be necessary to resolve the matter amicably or to obtain a final determination in the courts. It is often said that to win a case in court it is not enough to be right; you must also be found to be right. It is therefore important to have a lawyer who is skilled in both employment law and litigation.
If a dismissal is unfair, compensation may be claimed for the loss caused by the dispute. This will normally cover expenses and loss of income, but in special cases non-financial loss may also be claimed.
When a dispute arises, it is important to be aware that formal requirements apply to a dismissal for it to have legal effect. Various time limits also apply to the out-of-court process and to bringing proceedings before the courts.
On summary dismissal, the employment ends with immediate effect. Summary dismissal is a severe sanction reserved for special cases where the employee's conduct is grave. Under the Working Environment Act, the employee must have committed a gross breach of duty or another material breach of the employment contract.
If the need to reduce staffing appears to be temporary, a temporary lay-off should be considered as an alternative to dismissal on grounds relating to the employer.
Severance packages
The core of a severance package will normally be a severance payment, which is compensation in the form of a cash payment unconnected with the employee's performance through continued work. A severance package may, however, also include agreement on other benefits, such as continued fringe benefits, job-seeking courses or other arrangements. A severance package is often negotiated as part of an amicable termination of the employment, but may also arise from a collective agreement. The size of the severance payment can vary greatly, and both parties will benefit from legal assistance in such negotiations.
Hiring of workers
Hiring out of workers means that workers are hired out by an employer (the hirer-out) to a client (the hirer), with the hired worker being subject to the hirer's management. In line with the EU Temporary Agency Work Directive, the Working Environment Act contains equal treatment rules for workers' pay and working conditions when workers are hired from temporary work agencies. There are, however, a number of other rules that the hirer and the hirer-out must follow when workers are hired out, and important elements that should therefore be regulated in agreements between the parties and with the worker in the characteristic three-party relationship between hirer, hirer-out and worker.
Pay, working hours, temporary employment, transfer of undertakings and other matters
In working life there is extensive statutory regulation of areas such as pay, working hours, temporary employment, transfers of undertakings and more. In addition to legislation, these matters are also governed by employment contracts and collective agreements. Contact one of our experienced lawyers if you have any questions about this.
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