Må jobb ut oppsigelsestiden, selv uten kontrakt

Publisert: 12.10.2021

I got the offer for 100 % contract and I agreed, but haven't got a contract for a month. First month I got only 55 hours per month. When I got contract I saw that it shows that I should get 37,5 hours per week. But I never got those hours in 3 months, so I haven't signed the contract and I said that I am leaving. Now they want me to work 1 month oppsigelsestid which I can't since I got another 100 % work. What should I do now?

Svar:

This conflict must be decided based on the facts proven. It is difficult to judge this situation based on your explanation solely, as there are always two sides to a story. But the principle is that any employment is based on the agreement. It seems that you employer has made a breach of the agreement, but then you seem to have acknowledged that your working hours have been less. It may be stated that you have agreed to the reduced working hours. If this can be established, you have an obligation to continue to work for 1 month after the month in which you delivered your resignation. On the other hand your employer has to deliver a written contract, and if not, this is a breach of the obligations of the law. A breach of the law is also a gross breach of the contract. A gross breach of the contract, gives the employee a right to terminale the contract immediately. According to the contractual rules, you may though be said to have accepted this breach by your continuous work despite this fact and negotiating the obligations. Therefore I cannot judge in your case, but it may be so that you have the right to terminate the agreement immediately. If not, you may be held liable for damages occured by your employer. Therefore the best thing is to agree upon your termination with your employer. Avtalelovens §36 may help you, as it states that if it is unreasonable that you shall be bound to work for your employer, the employment may be terminated immediately. Anyhow the case of your employer is not too good either.

Med vennlig hilsen, advokat Ådne Jareld

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