Oppsigelse av ansatte som er permittert

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A temporary layoff (permittering) is a temporary arrangement under which an employee is relieved of the duty to work, while the employer is simultaneously relieved of the obligation to pay wages. The need for a temporary layoff must be temporary in nature, and the employer must have reasonable grounds to believe that the situation will improve within a certain period of time.

Employers must continuously assess whether the conditions for temporary layoffs are still met

Employers that have temporarily laid off employees must continuously assess whether the conditions for maintaining the layoff remain satisfied. As circumstances develop, it may become apparent that the employer’s inability to provide work for the employee is permanent rather than temporary. In such cases, there is no longer a basis for a temporary layoff, and the employer’s only option for being released from the wage obligation is to terminate the employment on grounds relating to the undertaking.

Salary during the notice period

If an employer terminates the employment of an employee who is temporarily laid off, the employer’s obligation to pay wages will apply during the statutory or contractual notice period in accordance with the ordinary rules governing termination of employment. In other words, the temporary layoff is deemed to end from that point. The wage obligation begins on the day the employee receives the notice of termination and continues throughout the notice period. This applies even if the employer has no work available for the employee during that period.

The importance of following the rules

It is important to ensure that all formal requirements for termination and the requirement of objective justification are satisfied so that the dismissal is legally valid. In cases of termination due to circumstances relating to the undertaking, it is also important that the employer can document an objective and reasonable selection process for determining which employees are affected by the workforce reduction.

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