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> GOVERNANCE - home > Employment protection legislation database - EPLex > Norway

Norway - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; whistle blowing; adoption leave; ethnic origin
Remarks:
  • See Chapters 2 and 5 of the Equality and Anti-Discrimination Act:

    Section 6.Prohibition against discrimination
    "Discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors is prohibited. «Ethnicity» includes national origin, descent, skin colour and language.
    The prohibition includes discrimination on the basis of actual, assumed, former or future factors specified in the first paragraph.
    The prohibition also applies if a person is discriminated against on the basis of his or her connection with another person, when such discrimination is based on factors specified in the first paragraph.
    «Discrimination» means direct or indirect differential treatment pursuant to sections 7 and 8 that is not lawful pursuant to sections 9, 10 or 11."

    Section 29.Prohibition against discrimination in employment relationships, etc.
    The prohibitions in chapter 2 apply to all aspects of an employment relationship. This includes the following
    (...) e) cessation.
    The first paragraph applies correspondingly to employers' selection and treatment of self-employed persons and hired workers."

    On Whistleblowers, Section 2 A-1 WEA provides that "(1) An employee has a right to notify censurable conditions at the employer's undertaking. Workers hired from temporary-work agencies also have a right to notify censurable conditions at the hirer's undertaking.
    (...)
    Section 2 A-2. WEA provides that "(1) Retaliation against an employee who notifies pursuant to section 2 A-1 is prohibited. As regards workers hired from temporary-work agencies, the prohibition shall apply to both employers and hirers. (...) (3) Anyone who has been subjected to retaliation in breach of the first or second paragraph may claim compensation without regard to the fault of the employer or hirer. The compensation shall be fixed at the amount the court deems reasonable in view of the circumstances of the parties and other facts of the case. Compensation for financial loss may be claimed pursuant to the normal rules."


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • See Chapters 2 and 5 of the Equality and Anti-Discrimination Act:

    Section 6.Prohibition against discrimination
    "Discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors is prohibited. «Ethnicity» includes national origin, descent, skin colour and language.
    The prohibition includes discrimination on the basis of actual, assumed, former or future factors specified in the first paragraph.
    The prohibition also applies if a person is discriminated against on the basis of his or her connection with another person, when such discrimination is based on factors specified in the first paragraph.
    «Discrimination» means direct or indirect differential treatment pursuant to sections 7 and 8 that is not lawful pursuant to sections 9, 10 or 11."

    Section 29.Prohibition against discrimination in employment relationships, etc.
    The prohibitions in chapter 2 apply to all aspects of an employment relationship. This includes the following
    (...) e) cessation.
    The first paragraph applies correspondingly to employers' selection and treatment of self-employed persons and hired workers."



Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • See Chapters 2 and 5 of the Equality and Anti-Discrimination Act:

    Section 6.Prohibition against discrimination
    "Discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors is prohibited. «Ethnicity» includes national origin, descent, skin colour and language.
    The prohibition includes discrimination on the basis of actual, assumed, former or future factors specified in the first paragraph.
    The prohibition also applies if a person is discriminated against on the basis of his or her connection with another person, when such discrimination is based on factors specified in the first paragraph.
    «Discrimination» means direct or indirect differential treatment pursuant to sections 7 and 8 that is not lawful pursuant to sections 9, 10 or 11."

    Section 29.Prohibition against discrimination in employment relationships, etc.
    The prohibitions in chapter 2 apply to all aspects of an employment relationship. This includes the following
    (...) e) cessation.
    The first paragraph applies correspondingly to employers' selection and treatment of self-employed persons and hired workers."



Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:


    - Discrimination on the grounds of political views, membership of a trade union or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 59 of 2013) which provides in Art. 5 and 17(e) that discriminatory terminations based on gender are prohibited.

    - Discriminatory terminations on the basis of ethnicity, religion and cultural orientation are prohibited by Art. 6 and 16(e) of the Act on Discrimination based on Ethnicity (No.60 of 2013)) [see also art. 13-1 (5) of the Working Environment Act].
    • - Discriminatory terminations on the basis of disability are prohibited by Art. 5 and 21(e) of the Act on Discrimination based on Disability (No.61 of 2013) [see also art. 13-1 (6) of the Working Environment Act].
    • - Discriminatory terminations on the basis of sexual orientation and gender identity are prohibited by Art. 5 and 15(e) of the Act on Discrimination based on Sexual Orientation (No.58 of 2013) [see also art. 13-1 (6) of the Working Environment Act].

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


Notes / Remarks
NOTE: Starting with the 01 January 2018, the prohibition of discriminatory dismissals based on all of the mentioned grounds is solely regulated by Art. 6 and 29(e) of the newly adopted Equality and Discrimination Act (No. 51 of 2017) (likestillings- og diskrimineringsloven).

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:


    - Discrimination on the grounds of political views, membership of a trade union or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 59 of 2013) which provides in Art. 5 and 17(e) that discriminatory terminations based on gender are prohibited.

    - Discriminatory terminations on the basis of ethnicity, religion and cultural orientation are prohibited by Art. 6 and 16(e) of the Act on Discrimination based on Ethnicity (No.60 of 2013)) [see also art. 13-1 (5) of the Working Environment Act].
    • - Discriminatory terminations on the basis of disability are prohibited by Art. 5 and 21(e) of the Act on Discrimination based on Disability (No.61 of 2013) [see also art. 13-1 (6) of the Working Environment Act].
    • - Discriminatory terminations on the basis of sexual orientation and gender identity are prohibited by Art. 5 and 15(e) of the Act on Discrimination based on Sexual Orientation (No.58 of 2013) [see also art. 13-1 (6) of the Working Environment Act].

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:


    - Discrimination on the grounds of political views, membership of a trade union or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 59 of 2013) which provides in Art. 5 and 17(e) that discriminatory terminations based on gender are prohibited.

    - Discriminatory terminations on the basis of ethnicity, religion and cultural orientation are prohibited by Art. 6 and 16(e) of the Act on Discrimination based on Ethnicity (No.60 of 2013)) [see also art. 13-1 (5) of the Working Environment Act].
    • - Discriminatory terminations on the basis of disability are prohibited by Art. 5 and 21(e) of the Act on Discrimination based on Disability (No.61 of 2013) [see also art. 13-1 (6) of the Working Environment Act].
    • - Discriminatory terminations on the basis of sexual orientation and gender identity are prohibited by Art. 5 and 15(e) of the Act on Discrimination based on Sexual Orientation (No.58 of 2013) [see also art. 13-1 (6) of the Working Environment Act].

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:

    - Discrimination on the grounds of political views, membership of a trade union, sexual orientation, disability or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 45 of 1978) which provides in Art. 4 that "in connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men".

    - Discrimination on the basis of ethnic origin, national origin, descent, colour, language, religion and ethical and cultural orientation is prohibited by the Discrimination Act (No.33 of 2005) [see also art. 13-1 (5-6) of the Working Environment Act).

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:

    - Discrimination on the grounds of political views, membership of a trade union, sexual orientation, disability or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 45 of 1978) which provides in Art. 4 that "in connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men".

    - Discrimination on the basis of ethnic origin, national origin, descent, colour, language, religion and ethical and cultural orientation is prohibited by the Discrimination Act (No.33 of 2005) [see also art. 13-1 (5-6) of the Working Environment Act).

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:

    - Discrimination on the grounds of political views, membership of a trade union, sexual orientation, disability or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 45 of 1978) which provides in Art. 4 that "in connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men".

    - Discrimination on the basis of ethnic origin, national origin, descent, colour, language, religion and ethical and cultural orientation is prohibited by the Discrimination Act (No.33 of 2005) [see also art. 13-1 (5-6) of the Working Environment Act).

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:

    - Discrimination on the grounds of political views, membership of a trade union, sexual orientation, disability or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 45 of 1978) which provides in Art. 4 that "in connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men".

    - Discrimination on the basis of ethnic origin, national origin, descent, colour, language, religion and ethical and cultural orientation is prohibited by the Discrimination Act (No.33 of 2005) [see also art. 13-1 (5-6) of the Working Environment Act).

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Prohibited grounds: pregnancy; temporary work injury or illness; race; colour; sex; sexual orientation; nationality/national origin; age; disabilities; performing military or civil service; parental leave; adoption leave; ethnic origin
Remarks:
  • * General protection against discrimination:

    - Discrimination on the grounds of political views, membership of a trade union, sexual orientation, disability or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 45 of 1978) which provides in Art. 4 that "in connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men".

    - Discrimination on the basis of ethnic origin, national origin, descent, colour, language, religion and ethical and cultural orientation is prohibited by the Discrimination Act (No.33 of 2005) [see also art. 13-1 (5-6) of the Working Environment Act).

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).