Employers may decide that new employees should serve a probationary period. Under the Working Environment Act, the only condition is that this must beagreed in writing in advance.

A genuine probationary period is likely to reduce the abuse of temporary positions and could make it easier for young workers to enter the labor market.

The purpose of a probationary period is to allow the employer to assess, within a limited period of time, whether the employee is performing the job as expected. In Norway, employees have strong job security, and it can be difficult to dismiss employees who are underperforming. An agreed probationary period therefore provides the employer with a safety valve in case they recruit the wrong person. It is also beneficial for the employee, as they can resign at short notice if the position does not meet their expectations.

The probationary period may last for a maximum of six months and begins on the date of appointment.

Extension of the probationary period

In the event of absence not attributable to the employer, the probationary period may be extended by the length of the absence. In order for the probationary period to be extended, two conditions must be met:

Upon hiring, the employee must have been informed in writing of the possibility of extending the probationary period.

Before the end of the original probationary period, the employer must have informed the employee in writing that the probationary period has been extended.

Follow-up of employees

The employer is obliged to provide the employee with the guidance, training, and instruction deemed necessary for a new employee. The employee shall be given clear feedback on what is expected of them and feedback on any mistakes, so that they have an opportunity to correct their performance. The employer must facilitate dialogue and follow-up. It is also important that feedback is documented.

What can employers expect?

The employer can expect the employee to perform reasonably well at an average level, taking into account the agreed work performance, experience, and competence. Employees must be responsive to the employer's instructions and demonstrate a willingness and ability to adapt to the employer's reasonable requirements and expectations. Employers can also expect employees to behave in a generally acceptable manner, to be punctual, and to refrain from unlawful absences.

Termination during the probationary period?

The starting point for positions with a probationary period is permanent employment from day one. The employment relationship continues automatically after the probationary period, unless the employer submits a written notice of termination before the end of the probationary period. Termination by the employer during the probationary period must be justified on the basis of the employee's adaptation to the work, professional competence, or reliability.

The threshold for dismissal during the probationary period is somewhat – not entirely insignificantly – lower than what otherwise applies. In other words, it takes less to be dismissed during the probationary period than in the case of ordinary dismissal. Where this line is drawn depends on an overall assessment of the employee's suitability in each individual case.

Most employees need time to settle into a new position and require training and guidance. And even though the threshold for dismissal during the probationary period is somewhat lower than what otherwise applies, the employer is required to give the employee on probation a real opportunity to acquire the experience that the employer requires. If dismissal is given without the necessary training or follow-up, the dismissal will easily be declared invalid.

The job advertisement, employment contract, job description, and applicable guidelines will form the external framework for the quality requirements against which the employee will be measured.

The employer will have the burden of proof that there are sufficient grounds for dismissal. The courts are reluctant to review the employer's discretionary assessment of how the new employee has performed in the position, as long as the fact on which the dismissal is based must be considered proven and relevant.

When terminating employment during the probationary period, the employer must follow the same procedural rules as for ordinary termination. Among other things, a consultation meeting must be held and the termination must meet the formal requirements of the Working Environment Act.

What is the notice period?

According to the Working Environment Act, a mutual notice period of 14 days applies during the probationary period, unless otherwise agreed in the employment contract or collective agreement. The period runs from the date it is given, so that the notice period runs from date to date, not from the first of the following month as in the case of ordinary termination. Termination during the probationary period must be made in writing, and the notice of termination must have been received by the employee before the end of the probationary period in order to be covered by the probationary period provision. If this is not done, the ordinary job protection rules apply.