Please note that the Norwegian Labour Inspectorate may lead you to the requirements of the legislation, but cannot take a specific position on the legality of a particular written employment contract. All employees must have a written employment contract. This applies to all types of jobs, whether permanent or temporary. There are no exceptions to this requirement. As an employer, you must protect your confidential information and any intellectual property created by employees during their employment through well-formulated provisions that restrict the use of confidential information after employment and ensure that the intellectual property belongs to you as an employer. The Norwegian Labour Inspectorate may also require an employer to draw up an employment contract in accordance with legal requirements. The employment contract contains information on issues of significant importance for the employment relationship and contains at least information on the following points: once a person`s employment contract is classified, the courts have specific rules to determine what its conditions are beyond the legal minimum charter of rights. Similar rules for the inclusion of implied clauses and clauses exist as in ordinary contract law, but in “Gisda Cyf v Barratt”, Lord Kerr stressed that this construction process must be “intellectually separated” from general contract law because of an employee`s dependent relationship. [11] In this case, Ms. Barratt was informed in an open letter 3 days after her arrival that her employment relationship had ended. When she brought an action for protection against dismissal 3 months and 2 days after her arrival, the employer argued that it was time-barred because in general contract law, one is bound by a notice if a reasonable person had read a message.
The Supreme Court ruled that Ms. Barratt was timely for a lawsuit because she was not bound by the notice until she actually read it. The applicable claim was different since the purpose of the labour law was to protect the employee. From incorporation to dismissal, employment contracts must be interpreted in the context of the legal protection of dependent employees. This guide will give you an overview of the most important areas that should be included in every employment contract (“Agreement”) you enter into with a new employee. Terms and conditions of employment are all the things that are promised to an employee at the beginning of work, as long as they do not violate the minimum legal rights. In addition, terms can be included by appropriate notice, e.B by reference to a personnel manual in a written employment contract[12] or even in a document in a binder next to the personnel manual. [13] Although they are not considered binding between the union and the employer without explicit wording,[14] a collective agreement can create individual rights.
The test used by the courts is to vaguely consider whether its terms are “appropriate” for inclusion, rather than statements of “policy” or “aspiration.” When the terms of the collective agreement are clear, a “last in, first out” rule was considered potentially qualified, but another clause to censor forced dismissals seemed only “honorably” binding. [15] In addition, section 230 of the 1996 ERA defines an “employee” as a person who has a contract of employment or who performs work in person and who is not a client or client. This concept therefore has a broader scope and protects more people than the term “employee”. This group of people has the right to a safe working system, a minimum wage and restrictions on working hours, as well as discrimination and trade union rights, but not job security, child custody and pension rights. This concept therefore extends to the protection of people who are almost independent, if not as vulnerable professionals, such as a cleaner or music teacher who visits student houses, or in some cases a taxi driver. [10] The courts of the United Kingdom have agreed that a contract of employment is a contract of employment of a certain nature and cannot be equated with a commercial agreement. [2] However, UK law uses two main definitions, namely “worker” and “worker” with different rights. The government may also enact secondary legislation to include certain categories of persons in the category of “employees”.
[3] A “worker” has all available rights (all the rights of a “worker”, but also the rights to child custody, retirement and job security). The meaning is explicitly left to the common law under the main statute, section 230 of the Employment Rights Act 1996, and developed according to the classic 19th century contrast between a “service” contract and a “for services” contract. While the classic criterion was that a worker was subject to a sufficient degree of “control”[4], new forms of work, where people outside the factory had greater autonomy to decide how they did their work, meant that additional job tests were developed, especially from the mid-20th century onwards.[5] Several factors, including how much one could say that one is “integrated” into the company[6], or whether one metaphorically wore the “badge” of the organization, were taken into account, emphasizing “economic reality” and form rather than substance. .