This article explains when a dismissal in Norway is objectively justified, the procedural and formal requirements, notice periods and the deadlines for disputing a dismissal. It is written for employers and employees in Norway. For wider context, see our overview of Norwegian employment law.
Objective Grounds Under Section 15-7
Dismissal in Norway requires objectively justified grounds, alongside compliance with procedural and formal requirements. The Working Environment Act (arbeidsmiljøloven) governs these questions for employment relationships covered by its dismissal rules, and references to sections below are to this Act. An assessment of unfair dismissal therefore considers both why employment was terminated and how the decision was reached and communicated.
Section 15-7(1) prohibits dismissal unless it is objectively justified by circumstances relating to the undertaking, the employer or the employee. The Norwegian term saklig grunn requires a concrete assessment, rather than acceptance of an employer’s stated reason alone.
Business-related grounds
Restructuring, operational reductions and rationalisation may justify dismissal. However, the business need, the extent of the reduction and the selection of individual employees must withstand examination.
Under Section 15-7(2), redundancy is not objectively justified if suitable alternative work is available within the undertaking. The employer must also balance its needs against the disadvantages imposed on the employee. Where the employer belongs to a corporate group, Section 15-7(3) extends the alternative-work assessment to other group undertakings.
Under Section 15-7(4), a dismissal because the employer outsources, or intends to outsource, the undertaking’s operations to independent contractors is not objectively justified unless it is necessary for the continued operation of the undertaking.
Employee-related grounds
Performance deficiencies or breaches of employment duties require an individual assessment of seriousness, context and proportionality. In performance cases, relevant considerations include reasonable expectations, training, workload and clear feedback. A preference for a stronger replacement is insufficient.
Alternative work may also require consideration in certain employee-related cases, although this obligation is limited and situation-dependent.
The Discussion Meeting Under Section 15-1
Before deciding on dismissal, the employer must, as far as practically possible, discuss the matter with the employee and the employee’s representative, unless the employee does not wish this. Both the proposed grounds and any selection between employees must be discussed.
The discussion meeting, or drøftelsesmøte, must precede the decision. Its purpose is to allow explanations, corrections and possible alternatives to influence the assessment.
A written record helps establish what was discussed. Failure to conduct adequate discussions does not automatically invalidate dismissal, but may affect whether the decision was objectively justified, particularly where disputed facts could have been clarified.
Written Notice and Required Content Under Section 15-4
Section 15-4 requires written notice. Dismissal rules should be read together with the employment contract; see new requirements for employment contracts in Norway. An employer’s notice must be delivered personally or sent by registered post to the employee’s stated address. Dismissal is regarded as having occurred when the notice reaches the employee.
The notice must state:
the employee’s right to demand negotiations and to bring legal proceedings;
the right to remain in post under Sections 17-3, 17-4 and 15-11;
the deadlines for demanding negotiations, bringing legal proceedings and remaining in post; and
who the employer is and who is the correct defendant in any dispute.
Business-related notices must additionally address preferential rights under Section 14-2. Where the employer belongs to a corporate group, the notice must identify the group undertakings at the dismissal date.
Under Section 15-4(3), the employee may request the circumstances relied upon as grounds and require that information in writing.
Notice Periods Under Section 15-3
For ordinary dismissal, Section 15-3 establishes the following starting points:
One month, unless another period is agreed in writing or established by collective agreement.
At least two months after five years’ continuous service.
At least three months after ten years’ continuous service.
Before notice is given, a period shorter than one month can only be agreed between the employer and employee representatives in an undertaking bound by a collective agreement. A notice period for the employee cannot be longer than the notice period for the employer.
After ten years’ continuous service, employer-initiated dismissal requires at least four months’ notice from age 50, five months from age 55 and six months from age 60. These service- and age-based minimums cannot be reduced by agreement before dismissal occurs.
Notice periods under Section 15-3(1) to (3) run from the first day of the month following the month in which notice was given. The fourteen-day probationary notice period under Section 15-3(7) is not subject to this rule. Relevant group employment and service before a business transfer must be included when calculating service under Section 15-3(6).
For a probationary period agreed in writing, Section 15-3(7) provides a mutual fourteen-day period unless otherwise agreed in writing or by collective agreement.
Dismissal during a written probationary period is assessed under Section 15-6 rather than Section 15-7. Additional protection applies during sickness absence (Section 15-8) and in connection with pregnancy and certain leave (Section 15-9). For the undertaking’s chief executive, Section 15-16 permits a prior agreement waiving the dismissal rules in Chapter 15 in return for severance pay, as well as an agreement to resolve termination disputes by arbitration.
Invalid Dismissal and Compensation
Under Section 15-12(1), a dismissal contrary to Sections 15-6 to 15-10 must be declared invalid if the employee claims invalidity. Exceptionally, at the employer’s request, the court may terminate employment where continued employment would be manifestly unreasonable after balancing the parties’ interests.
Section 15-12(2) permits compensation for breaches of Sections 15-6 to 15-11. The assessment considers financial loss, both parties’ circumstances and the circumstances generally. Compensation may include non-financial harm.
Formal defects have separate consequences under Section 15-5. Proceedings brought within four months over missing written notice or required information normally require invalidity, unless special circumstances make that manifestly unreasonable. Compensation may also be claimed for formal defects independently of invalidity.
The Right to Remain in Post Under Section 15-11
An employee disputing ordinary dismissal under Section 15-7 may remain in post while statutory negotiations continue. Continued employment during litigation depends on the requirements in Section 17-4.
Under Section 15-11, read with Section 17-4, proceedings must ordinarily be commenced before the notice period expires and within the eight-week litigation deadline. Alternatively, written notification before expiry of the notice period that proceedings will be brought within eight weeks preserves the relevant timing requirement.
The employer may seek a court order requiring departure if continued employment during proceedings would be unreasonable.
The automatic right does not apply to summary dismissal, probationary dismissal, temporary employment or agency workers. The court may nevertheless order continued employment on a timely employee application. The Act also excludes specified terminations of labour-market programmes.
Negotiations, Litigation Deadlines and Dispute Resolution
Section 17-3 generally requires a written demand for negotiations within two weeks after dismissal reaches the employee. The employer must arrange the meeting promptly and within two weeks after receiving the demand.
Both parties may receive assistance from advisers. Negotiations must normally conclude within two weeks after the first meeting unless continued negotiations are agreed. A signed record is required.
Under Section 17-4, the litigation deadline is normally eight weeks, or six months where compensation alone is claimed. It runs from the conclusion of negotiations or, without negotiations, from dismissal. The parties may agree a longer deadline.
Non-compliance with Section 15-4(1)–(2) removes these litigation deadlines, but the separate four-month rule for formal invalidity remains relevant. Section 17-5 modifies negotiation and litigation deadlines for specified sickness, caring and leave situations. The Act also provides that the litigation deadline is interrupted where the dispute is brought before the Anti-Discrimination Tribunal (Diskrimineringsnemnda).
Disputes may be settled through negotiations or proceed to court. Claims subject to Section 17-3 negotiations are not dealt with by the Conciliation Board (forliksrådet) (Section 17-1).
How we can help
We assist employers and employees with dismissals, restructuring, discussion meetings, notices, negotiations and court proceedings in employment disputes. You can read more about the firm at advokats.no or get in touch through our contact page.
This article provides general information as of 29 October 2026 and is not legal advice for your specific situation.
