Expert competence within labour law
Negotiations between employer and employees
The firm’s lawyers have expert competence within labour law and manage a substantial number of labour law cases on a daily basis for both individuals and businesses. The firm’s involvement in different areas of labour law is unrestricted and the firm’s lawyers resolve a large number of labour law disputes out-of-court on a weekly basis as well as in-court when required.
Examples of our work within labour law include representing an employee or employer in extrajudicial negotiations aiming to reach extrajudicial agreements as well as representing employees or employers at court disputes. Other examples include the preparation or review of employment contracts, legal analysis regarding the validity of dismissals/terminations, assessment of redundancy issues, assessment of non-competition issues, as well as assistance during MBL (Co-Determination in the Workplace) negotiations and any other type of labour law dispute. We also participate in organisational restructuring.
We can get involved in issues relating to employee compensation claims, negotiations with employers’ associations and employer/trade organisations, disputes relating to employment terms, interpretation of collective bargaining agreements, and rehabilitation issues. We can also assist in negotiations regarding severance pay, redundancy packages, negotiations and preparations regarding suitable so-called Out-of-Court Settlements that may include, for example, confidentiality clauses, non-compete clauses and more.
Our firm can also assist in the preparation and implementation of employee manuals and policy documents, as well as assisting in matters and criminal cases relating to work environment laws.
In addition, we manage all forms of transaction-related labour law matters.
The difference between termination and dismissal?
Terminations and dismissals are processes through which employment can be brought to an end. Termination means a notice from one party under an employment contract to the other indicating that the contract will cease at the end of a specific notice period. Dismissal means a notice from the employer to the employee that the contract will cease with immediate effect. An employer can only dismiss an employee if they have committed a very serious breach of their employment contract.
Dismissals can be implemented regardless of employment type whereas the rules of termination primarily relate to permanent employment contracts. A fixed-term employment typically ceases without prior notice. Fixed-term employments can normally not be terminated prematurely. There are however some forms of semi-permanent employments for which the rules of termination should be applied. An example of such semi-permanent employment is when the employment shall apply until further notice but only up until a certain date.
How to formulate a notice of termination?
The employer’s notice of termination to the employee shall be in writing and is delivered to the employee in person. If the employee is not reachable in person, the notice may be posted to the employee’s last known address. The termination is deemed to have occurred when the employee receives the notice. If the notice of termination is sent by post, then termination is deemed to have occurred ten days after the letter was handed to the postal service for mailing. If the employee is on leave, then termination is deemed to have occurred, at the earliest, the day after the holiday ends.
Should the employer not comply with the statutory requirements applicable to notices of termination, this does not mean the termination was without effect. However, a termination that does not comply with statutory requirements may trigger liabilities on the part of the employer. The employer bears under all circumstances the burden of proof that termination has occurred.
What is a notice period?
In case of permanent employment, employment does not end immediately upon termination but only after the expiry of a certain notice period. The notice period commences when the employee has been presented with the notice of termination. The notice period is at least one month. If the employee has been employed for more than two years, the notice period is two months or more. Further rules regarding the length of the notice period may apply under central bargaining collective agreements. Employment finishes at the end of the notice period unless the employee disputes the termination. If the employee disputes the termination, the employment will continue regardless if the notice period would have fully elapsed during that time.