Short answer: Yes, as a general rule, the employer is obliged to convene a discussion meeting before a dismissal is decided. This follows from section 15-1 of the Working Environment Act, which ensures that the employee is given the opportunity to express their views and safeguard their rights before the employer makes a final decision.
Terminating an employment relationship is a serious process that requires the employer to follow strict rules in the Working Environment Act. A key question is whether the employer must call a discussion meeting before termination. These rules are set out in section 15-1 of the Working Environment Act and are intended to ensure that the employee has the opportunity to express their views and that the employer makes a well-considered decision. In this article, we go through what a discussion meeting entails, when it is required, how the process should be carried out and what the consequences may be if the employer does not follow the legal requirements.
A discussion meeting is a meeting between the employer and employee that must be held before the employer makes a decision on dismissal. The purpose of the meeting is to give the employee the opportunity to explain and provide input on the basis for the dismissal. Section 15-1 of the Working Environment Act states that the employer "as far as practicable" shall discuss the matter with the employee and the employee's representative, unless the employee does not wish to do so.
In the meeting, both the basis for the dismissal and any questions of selection between several employees must be discussed. This means that if several employees are being considered for dismissal, the employer must explain the criteria used to choose who is affected. The discussion meeting is thus an important guarantee of legal protection for the employee, and a key part of a sound dismissal process.
A discussion meeting is required in all cases where the employer is considering dismissal, unless the employee expressly waives the right to such a meeting. This applies both to dismissals based on the employee's circumstances and to dismissals due to the company's circumstances. The exception is if it is completely impossible to carry out the meeting in practice, but this should be a narrow exception rule.
In the case of mass dismissals, special rules apply in section 15-2 of the Working Environment Act. In this case, the employer is obliged to discuss the matter with the employee representatives as early as possible, with a view to avoiding or reducing the number of redundancies. This is in addition to the individual discussion meetings that must be held with each employee.
A discussion meeting should be conducted in an orderly and respectful manner. The employer should send a written notice well in advance so that the employee can prepare. The employee has the right to bring a union representative or advisor to the meeting. At the meeting, the employer must explain the background to the termination being considered, and the employee must be given the opportunity to explain themselves and express their views.
It is important that the employer listens to the employee's explanation and considers whether there are alternative solutions to dismissal, such as redeployment. The discussion meeting is not just a formality, but a real opportunity for the employee to influence the employer's decision.
If the employer fails to hold a discussion meeting, this can have serious consequences. Failure to hold a discussion meeting may constitute a breach of section 15-1 of the Working Environment Act, and may result in the dismissal being deemed invalid. The employee can then demand negotiations in accordance with section 17-3 of the WEA, and ultimately bring the case before the courts.
The courts will assess whether the employer has fulfilled its obligations, and if the process has not been proper, the dismissal may be declared invalid. The employer may also be liable for damages if the employee suffers financial loss as a result of an unlawful dismissal.
In addition to the requirement for a discussion meeting, section 15-4 of the Working Environment Act sets strict requirements for the termination itself. The notice of termination must be in writing, and it must be delivered in person or sent by registered mail. It must contain information about the employee's right to demand negotiations, take legal action, continue in the position, as well as the deadlines that apply. If the termination is due to the company's circumstances, it must also contain information about preferential treatment under section 14-2.
These formal requirements are crucial for the termination to be valid. If the employer does not meet the requirements, the termination may be deemed invalid.
In the event of dismissal, which means that the employee must resign immediately due to gross breach of duty or material breach, the requirement for a discussion meeting also applies, cf. section 15-14 of the Working Environment Act. This emphasizes how important it is that the employee is given the opportunity to explain himself, even in serious cases.
In the case of suspension, which is a temporary resignation while a case is being investigated, the rules on consultation meetings also apply as far as they are applicable, cf. Section 15-13. This means that the employer must consider convening a discussion meeting in such cases as well.
If an employee believes that a dismissal is unlawful, he or she may demand negotiations with the employer pursuant to Section 17-3 of the Working Environment Act. The request must be made in writing within two weeks of the dismissal taking place. The employer is then obliged to hold a negotiation meeting within two weeks of receiving the claim.
Negotiations give the parties the opportunity to try to resolve the dispute without going to court. If the parties do not reach an agreement, the employee can take legal action. The negotiation process is therefore an important part of the employee's legal protection.
In the event of a business transfer, there is special protection against dismissal, cf. section 16-4 of the Working Environment Act. The transfer itself is not in itself a basis for dismissal. If the employment relationship is terminated because the employee's terms and conditions are significantly worse, this is considered a dismissal due to the employer's circumstances, and the usual rules on consultation meetings apply.
In the event of dismissal due to age, separate rules apply in section 15-13 a. The employer may terminate the employment relationship when the employee reaches the age of 72, but before notice is given, the employer must, as far as possible, invite the employee to a meeting. This is a parallel to the discussion meeting and is intended to ensure that the process takes place in an orderly manner.
Yes, as a general rule, the employer must hold a discussion meeting before dismissal, cf. section 15-1. Exceptions only apply if the employee himself does not want it, or if it is practically impossible.
Yes, the employee has the right to bring a union representative or advisor to the discussion meeting.
Failure to hold a discussion meeting may result in the dismissal being deemed invalid, and the employer may be liable for damages.
Yes, in the event of dismissal, the rules on consultation meetings apply correspondingly, cf. Section 15-14.
A discussion meeting is held before dismissal is decided, while a negotiation meeting pursuant to section 17-3 can be requested by the employee after the dismissal has been given.
No, termination must always be in writing and meet the formal requirements in section 15-4.
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