5 tips for employers in employment law and personnel matters
Legalis lawyer Per Arne Tandberg gives you good tips about employment law, especially what you as an employer should consider.
Keep your head cool and your heart warm
We see that many cases often become conflicts because people unnecessarily make the matter personal or let too much emotion get in the way. The best advice we can give in difficult personnel cases is to always keep a cool head and a warm heart! Remember that there is a person on the other side who does not always agree with you or perceives the facts differently. Therefore, always show respect for the other party's views, even if you also have to maintain your own. This builds trust in the negotiations.
Provide clear feedback and ensure good case management and documentation!
In many cases, documentation is lacking. In this case, the employee will often say that this has “never been said” or never been documented before. Then the employer must generally start “building the case” from this meeting, which is unfortunate and takes time.
Therefore, always ensure that what has been said in meetings etc. is well documented, preferably in agreed minutes. If you have an employee who is at risk, it is important that this is made clear and can be documented for later. Often the employee will then look for other work and what could otherwise have become a conflict is avoided.
The case processing should always be thorough and what the employer believes should be well documented. Make sure that the employee is always given the opportunity to comment in advance of important decisions, and if you disagree, counter-arguments should be presented in a factual and good manner.
“The best advice we can give in difficult personnel matters is to always keep a cool head and a warm heart!”
Per Arne Tandberg, lawyer at Legalis and head of the company's employment law department.
3. Always use a probationary period for new hires and check references! Feel free to Google!
It is important that the employer always carefully checks references in advance. It is permissible to Google an employee. Are there any gaps in the CV? If so, why? Take your time and be thorough in interviews.
It is also important that the employer uses the probationary period provisions in the legislation. Many skip this, which is unfortunate, and it is even worse if the employee takes up the position without a contract in place beforehand. In that case, the employee is most likely a permanent employee without a probationary period from day 1.
Many employers believe that the probationary period is a kind of temporary position where you terminate after the probationary period and that the employee is not given an extension. This is wrong, the employee is also permanently employed during the probationary period, but the protection against dismissal is weaker during the probationary period. The employee also cannot continue in the position in the event of a dispute about dismissal during the probationary period.
4. Do thorough preparation for dismissals and dismissals
Many employers act too quickly when dismissing and laying off employees, and lack the necessary documentation. Middle managers may have been reluctant to criticize, and at least reluctant to provide documentable criticism, which can be a challenge in the case.
The law requires that the employee is always consulted before a decision is made about termination or dismissal. This is an important procedural rule, and you must therefore always call such a meeting before making a decision. We strongly recommend that minutes or protocols are also written from this meeting, even if the law does not require it. Both parties' views should be included here.
NB: What the employer states must always be correct and preferably documentable. We see that many employers often base their claims on facts that they believe to be correct, and then it later turns out that this basis is not correct or that the employer's justification may be wrong or can be refuted.
As a general rule, the employer is then "out to get the job done" and may have to enter into expensive settlements. Therefore, make sure that you can always document what you as the employer state, and rather drop facts / circumstances that you are not entirely sure of. In a court review of these cases, the employer has the entire burden of proof and the court proceeds very detail-oriented in the individual case.
5. Use the lawyer before you need the lawyer!
We do not intend to advertise our services, but you should always check with an advisor before making important decisions regarding personnel law. You should be sure, or as sure as possible, that you have a correct factual basis and that the regulations are also on the employer's side. We see that many personnel disputes end in expensive settlement amounts. If the employer follows the above advice, the employer can often avoid these.
-Good luck!