Introduction
Terminating an employee is a serious decision that often has a profound impact on the employee. For this reason, Chapter 15 of the Working Environment Act (aml) contains a number of provisions aimed at ensuring that the termination process is conducted in a responsible manner so that the employee's rights are safeguarded in an appropriate way – for example by:

Requirements for case processing prior to the employer's decision on termination:
– Consultation meeting where the disadvantage of termination for the employee must be weighed against the employer's need to carry out the termination.
– Negotiation meeting after the employer has decided to dismiss the employee – with the aim of exploring possibilities for continued employment or a
negotiated solution that may be favorable for both parties.

Aml § 15-4 – Formal requirements for a notice of termination
§ 15-4 expressly states that the written notice of termination must contain information about the employee's right to demand negotiations. According to the provision, the notice of termination must also contain information about the right to bring legal action and the deadlines for doing so – and the right to remain in the position, as well as the right to priority for a position that will be filled at a later date if the reason for the termination is downsizing/restructuring, etc.

If the above information is not included in the notice of termination, it will, as a general rule, be deemed invalid – see Section 15-5 of the Working Environment Act on the effect of formal errors. Exceptions may be made in cases where invalidity is considered unreasonable – for example, if the formal error is corrected quickly so that the employee does not suffer any significant loss as a result of the error.

Aml § 17-3 – Right to demand negotiations
This section contains specific provisions regarding the right to demand negotiations and the procedure to be followed when an employee wishes to do so. The employee must demand negotiations within two weeks of receiving notice of termination. The demand for negotiations must be made in writing.

The employer is obliged to hold a negotiation meeting as soon as possible and no later than two weeks after receiving the request from the employee.
There are no rules governing how the negotiation meeting should be conducted.

If the reason for termination is not stated in the notice of termination, the employee may request that it be provided in writing prior to the negotiation meeting. If the reason is not provided prior to the meeting, the employee may request that it be provided during the meeting.

The employee has the right to bring an advisor to the negotiation meeting. This may be a lawyer, a union representative, or another person chosen by the employee. Minutes of the meeting shall be prepared and signed by the parties.

If an employee takes their employer to court claiming that their dismissal is unfair and therefore invalid, or states that they intend to take legal action without negotiations having been conducted, the employer may demand that negotiations with the employee be conducted. The right to demand a consultation meeting and negotiations is considered an important element of employee rights. If the employer does not fulfill these rights, this will be taken into account when the court decides whether the dismissal is justified or not. The employee may claim compensation if the employer's handling of the dismissal is reprehensible. This applies regardless of whether the court finds the dismissal invalid. The compensation shall be determined by the court as reasonable, taking into account the circumstances of the employer and the employee and other circumstances.