The Working Environment Act’s rules on notice periods

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The rules governing notice periods under the Norwegian Working Environment Act are set out in Section 15-3. The provision regulates both the length of the notice period and when it begins to run.

The applicable notice period varies significantly depending on the employee’s age and length of service. In addition, the statutory notice periods may to a large extent be modified by collective agreements and, to some degree, by individual employment agreements.

Commencement of the notice period

As a general rule, the notice period begins on the first day of the month following the month in which notice is given. For example, if notice is given on 8 May, the notice period will commence on 1 June. However, the Act allows collective agreements to provide for a different calculation of the notice period. For example, the Basic Collective Agreement for KS (the Norwegian Association of Local and Regional Authorities) provides for a mutual notice period of three months calculated from the date notice is given. Where such a rule applies, it should be stated in the employment contract.

For employees serving a probationary period, the notice period is 14 days from the date notice is given.

Length of the notice period

Under the Working Environment Act, the general rule is a mutual notice period of one month. It is common for employment contracts to provide for longer notice periods, typically three months. However, the Act prohibits individual agreements made in advance that provide for a shorter notice period than that prescribed by law.

For employees who have been continuously employed by the same undertaking for at least five years at the time notice is given, the mutual notice period is at least two months. If the employee has been continuously employed by the same undertaking for at least ten years, the mutual notice period is at least three months.

If an employee is dismissed after at least ten years of continuous employment with the same undertaking, the notice period shall be at least four months if the dismissal occurs after the employee has reached the age of 50, at least five months after the age of 55, and at least six months after the age of 60. The employee may terminate the employment agreement with a notice period of at least three months.

The notice period must be stated in the employment contract

Pursuant to Section 14-6(1)(h) of the Working Environment Act, the notice periods applicable to both the employee and the employer must be specified in the employment contract. If the employment contract does not specify a notice period, and no different period has been established through a collective agreement, the statutory default rule of a mutual one-month notice period applies pursuant to Section 15-3 of the Working Environment Act. The burden of proving that a notice period different from the statutory default has been agreed rests with the employer.

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