When Do You Have a Preferential Right to Position?

A preferential right to a position means that you have the right to employment before others have the right to the same position in the business.

According to the Norwegian employment law employees who have been resigned due to a business’ conditions have the preferential right to new employment. This preferential right is however only valid for 12 months after the finished employment.

Must be Resigned on the Business’ Conditions

For the preferential right to apply it is a prerequisite that the employee was resigned because of the conditions of the business. This means that the resignation must have been reasoned in a commercial requirement to decrease the labor. An employee who is resigned on terms regarding themselves or has themselves resigned, will therefore not have a preferential right.

Who does Preferential Rights Apply to?

Preferential rights apply to both previously permanent employees, and to temporary employees. Further an employee who has accepted an offer about a reduced position instead of resignation has the preferential right to a new position. And employees who are resigned in regard to insolvency have a preferential right if the business continues or resumes after the insolvency.

For Which Positions can Preferential Rights be Claimed For?

For the employee to have a right on the current position it is a requirement that the employee is qualified. Whether an employee is qualified can both rely on whether he is academically or personally qualified. When the qualification requirement is satisfied, the employer cannot avoid to employ according to the preferential claim even though the employer has others with better qualifications.

For How Long Must You Have Been Employed?

You must have been employed in the business for at least 12 months over a period of two years leading up to the preferential right.

The Employer is not Obliged to Warn

There is not a requirement of the employer to warn the previous employee of a new position which he might have preferential rights to. The employee must himself research whether the employer is searching for someone to fill a position.

If the preferential right is breached the earlier employee can bring a case for the employment in the position. The employee can also require compensation according to the employment law § 15-2.

Do you have any questions in regard to preferential right?

Har du spørsmål?

Kontakt Osloadvokatene ved Advokat Kjersti Bolstad.