What are My Rights Without a Written Contract of Employment?

According to the Norwegian employment law you, as an employee, have the right to a written contract of employment in all forms of employment.

This is the case regardless of whether you are permanently employed or in a temporary position, and regardless of the characteristics of the work. It is the employers responsibility to make a written agreement. As an employee you have the right to be advised. Either by a representative at you work place, or by another representative both in regards to the creation, and any changes in your written employment agreement. If your employment lasts for a minimum of one month, a written contract of employment is required no later than a month after the employment began. For employment lasting for less than a month, or for commissioned work, a written contract of employment must be made immediately.

Rights Without a Written Contract of Employment

Even if the law requires a written contract of employment in all forms of employment, there are still quite a few employees without such an agreement. If you do only have an oral agreement, this agreement will be equally as valid as a written agreement. However, the issue with an oral agreement is that difficulties in clearly establishing what has been agreed to, and whether there is at all an agreement in place, easily arise. This might quickly result in word against word. It is therefore an obvious benefit, and a requirement according to the law, that a written contract of employment is in place.

All employees have the right to protection even without a contract of employment, according to the law. You have rights according to the law even if you only have an oral agreement with your employer. Your employer is obliged act accordingly with the Norwegian employment law. Which means that you cannot get fired on the day. Time limits regarding resignation should be established in the contract of employment. But if such an agreement is not made, the time limits stated in the Norwegian employment law applies. The main rule in this case is a minimum time limit of one month in regards to resignation.

Was Fired on Unfair Terms

In a recent case at Osloadvokatene an employee had finished a temporary employment and continued in the same position without a new contract of employment being made. The employment continued accordingly to the previous agreement, without this agreement being renewed. Shortly after, the employee was resigned orally. In such a case you must as an employee still be considered as employed. You have protection for your position until the employment is legally terminated. Before the employer can make decisions about your resignation, the question must as far as is practically possible be discussed with you as an employee and your representative. You have the right to a written explanation as well as a reference from your employer. In this case the parties agreed that the employment was to be terminated. The employee was to receive payment until this point.

Do you have any questions about contracts of employment?

Contact Osloadvokatene by barrister Kjersti Bolstad
Telephone 905 93 204, email kjersti.bolstad@advokat.no

Har du spørsmål?

Kontakt Osloadvokatene ved Advokat Kjersti Bolstad.