A practice that is extremely common in Norway for people starting in a new role is the probation period.
Firms use probation to establish whether workers can adapt to the role’s demands and behave professionally.
During the probation period, the grounds for dismissing an employee are much lower, and if the worker isn’t so fond of their new surroundings, their notice period is also shorter if they are unhappy and wish to resign.
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How does probation work in Norway?
You should first be made aware of your terms of probation when you are offered a work contract. All probation periods need to be in writing when the contract is signed. Should the employer wish to add a probation clause after signing the contract, they will need your consent. The employment contract must also state the length of the probationary period.
However, this rule primarily applies to the private sector. Public sector employees are subject to a mandatory six-month probation period in any employment relationship unless the law on public sector workers applies otherwise or the contract is for a shorter period.
The probation period also means that the worker must receive the necessary training to perform the role and proper feedback and follow-up on their work. If this isn’t provided, the grounds for dismissal during the probation period would be considered unfair.
How long is probation?
Typically, it should be between three and six months. Six months is the legal limit. Probation can be extended if you are off work sick during probation but can only be extended by the length of time you were away from your job.
However, in case of temporary employment, the probationary period can never be more than half of the employment period. In practice, this means that for example, if an employee is hired on a fixed-term contract of six months, their probation period cannot legally exceed three months.
If you start a new role within the same company, there are several factors to consider.
You may be asked to undergo another probation period if your role and work tasks change significantly and the employer needs to reassess you.
However, if you switch from temporary to permanent employment in the same role, the employer cannot impose a new probation period, as they have already had six months to get to know you.
Notice during the probation period
Typically, the notice period during probation is 14 days unless otherwise stated in the contract, however the notice period for those in the public sector usually is much longer, at one month.
If you are unlucky enough to be dismissed during the probation period, it will need to be given in writing before the end of the probation period.
What can get you dismissed during the probation period?
As explained previously, the reason for dismissal during probation must be based on the worker’s adaptation to the work, professional competence, and reliability.
Coming to work late, taking long and frequent breaks and poor treatment of clients, customers or colleagues all fall under this category.
Employees can also be dismissed for reasons unrelated to probation, but these have a higher threshold, and the “normal rules” for dismissal should apply.
Being fired during your probation period shouldn’t be a shock to the employee, though. Typically, for there to be a valid reason for an employee to be fired, they will already need to have been assessed and instructed on how to do the job repeatedly and be informed that their work isn’t to an acceptable standard.
The employee will also need to be allowed to improve their performance and shown how to perform their tasks.
Suppose an employee is to be dismissed for not performing at the level required. In that case, the validity of the firing should be measured against the job advertisement, the type of role, the employee's education and experience.
You can read more about employment contracts and probation periods on the website of the Norwegian Labour Inspection Authority (Arbeidstilsynet).
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