Employee's right to remain in the role during legal proceedings - International Law Office

The Working Environment Act allows an employee to remain in his or her role during legal proceedings. The provisions of the act have recently been amended.

Generally, the employee may remain in his or her role until the case is settled by the courts. However, the court can decide that the employee should leave the post while the case is in progress where it finds the continuation of the employment to be unreasonable.

In previous case law the Supreme Court has stated that the employee may not remain in the role when the whole or a part of the undertaking closes down. In such cases the employer need not demand that the employee leave his or her role, as it is clear that the undertaking cannot retain the employee.

As of January 1 2010 the employee's right to remain in the role applies to all terminations, including when a business closes down. The purpose of the amendment is to clarify the procedures to be followed when a business closes down. In such cases the right to remain in the role will never be revoked, regardless of the reasons for dismissal. If the employee has demanded to remain in the role, the employer must request that the courts decide on whether the employee can do so.

The amendment is designed to simplfy the law. Decisions on whether the employee is entitled to remain in his or her role must now be taken by the courts and not the employer.

For further information on this topic please contact Tron Dalheim or Mari Myhre Marthinsen at Arntzen de Besche Advokatfirma AS by telephone (+47 23 89 40 00), fax (+47 23 89 40 01) or email (tron.dalheim@arntzendebesche.no or mari.marthinsen@arntzendebesche.no).