Employment and Employment Contract
As an online legal advisor firm specializing in employment law, we assist both employers and employees with issues concerning employment, employment contracts, and rights under the Employment Protection Act (LAS). With extensive experience and a practical approach, we guide you through the entire employment process, from contracts to dismissal.
What counts as employment?
Employment arises when an employer and an employee enter into an agreement for work, and employment is covered by labor law legislation. No specific form is required for an employment relationship to be considered to exist, which means that an employment contract can be both written and oral.
Employers are obligated by the Employment Protection Act (LAS chapter 6, section c) to inform the employee in writing about the terms and conditions that apply to the employment. To avoid ambiguity regarding the terms or forms of employment, it is important that an employment contract is provided as soon as possible, no later than seven days after the start of employment.
There are also other agreements besides employment contracts, for example, service agreements, where the service provider is independent in relation to the employer.
Employment agreement - what applies?
An employment contract can be both written and verbal, but to avoid ambiguities, it should always be clearly documented. The contract regulates key elements such as job duties, salary, notice period, and other terms.
We help establish and review employment contracts so that they comply with current legislation and are adapted to the needs of the situation, regardless of whether a collective agreement is in place or not.
Different types of employment forms
There are several different types of employment, some of which are regulated by law and others by collective agreement. The choice of employment form affects, among other things, rights, notice periods, and the possibility of continued employment.
Common employment forms are:
- Permanent employment (tenure).
- Special fixed-term employment.
- Locum.
- Seasonal employment.
- Probationary employment.
It is important to choose the right employment form from the start and ensure that the terms are correctly designed based on the business's needs.
The Employment Protection Act (LAS)
The Employment Protection Act (LAS) is one of the most important laws for those who work, and it exists to provide security when something changes at work. Employment protection governs large parts of the relationship between employers and employees. LAS regulates, among other things: termination of employment, requirements for objective reasons, notice periods according to employment contracts, and the right of priority for re-employment.
We can help you with this
RB Jurist offers legal support in all matters concerning employment, from the signing of an employment contract to the termination of employment. Our advice is tailored to the situation and aims to create clarity, reduce risks, and provide secure handling throughout the entire process.
We assist with, among other things:
- Drafting and review of employment contracts.
- Advice regarding hiring, termination, and conclusion.
- Remedies for breach of contract and labor disputes.
- Questions regarding oral employment contracts and employment contracts without collective agreements.
- Advising on preferential right to employment.
When should you seek legal help?
It is wise to seek legal assistance even before an employment contract is written, but also for changes or when employment is to be terminated. Common situations include dismissals, unclear terms, breaches of contract, or questions about preferential rights to re-employment.
By seeking help in an early stage, you can avoid costly mistakes and have a more secure process.
Get support and advice on employment matters
We offer niche expertise in employment law. Get clear advice on employment and employment contracts tailored to your situation. Book a web meeting with an employment lawyer.
Frequently Asked Questions about Employment and Employment Contracts
The Employment Protection Act (LAS) regulates employment relationships.
It is a law that regulates employment protection, dismissals, and notice periods. The law is most often supplemented by other legal sources.
Is it illegal to work without an employment contract?
It is not illegal to work without a written agreements, even verbal agreements are binding, but a written agreement is always recommended.
What applies to oral employment contracts?
An oral employment contract is legally binding, but can be difficult to prove what applies in the event of a dispute. Therefore, a written contract is always recommended.
What applies when hiring without a collective agreement?
If there is no collective agreement at a workplace, it is important that terms and benefits are regulated in the employment contract.
How do I find out my notice period?
The notice period is usually stated in the employment contract, but is also affected by the Employment Protection Act and any collective agreements.
What is preferential hiring for re-employment?
Upon termination due to lack of work, an employee may have priority for re-employment according to the Employment Protection Act (LAS). This means that in certain cases, the employer must offer the former employee a new position before hiring new staff. However, sufficient qualifications are required to be offered a new position.
Can a signed employment contract be terminated?
In some cases, a signed employment contract can be terminated, for example, in cases of serious breaches of contract, but this requires a legal assessment.
What constitutes a breach of contract in an employment agreement?
Breach of contract occurs when one of the parties does not follow the terms of the agreement, for example, an employer who does not pay wages or an employee who refuses to work.