Note!   I am not a lawyer and what I say here are reflections and advice based on my personal experiences, you . You need to make up your own mind as to what applies to your context. Always consult with unions or other labor law professionals if you are in a conflict. My writings are advice based on my personal experiences. The author, me, can not be held responsible for someone following this advice.

Norwegian work places only

This guide applies to people working in Norway, and anyone working in other countries need to look into how the laws are where they work.

Join a union

You should join a union in general, and you should choose one which align with your values. You can get an overview of available unions in Norway to help you find your place. Keep in mind, that some of these are so called “non-political” unions.

As activists we can be subjected to pressure, warnings, manipulation or threats by their employer. This guide tries to outline certain scenarios you can end up in, to help you navigate what can be a stressful time. We will also inform you on what an employer can and can not do, and what your rights as an employee.

General principles in Norwegian labor laws

Keep in mind, this is a document which is not written by a lawyer. Always consult a professional and the labor laws for more details.

  • When you have a contract you can not be fired without a warning, regardless of the mishap. In order to fire an employee the employer is required to go through a strict process, where they are obligated to do what they can to help the employee continue in their work.
  • The burden of proof is always with the employer. if confronted, calmly ask for evidence of wrong doing and what correction you must make. the employer is required to provide you with concrete actionable advice on what actions to take.
  • An employer can’t give you a warning without concrete evidence on any misconduct or breach of rules / guidelines by the employee.
    • The burden of proof is always with the employer, you are not obliged to prove your innocense until they have submitted evidence for their claim.
    • In the case of a formal warning taken place, the employee should have been contacted to give their point of view.
    • In the case of an employer giving you a warning based on evidence, they are also obligated to give you concrete points of action to correct or prevent a repeat of what had happened.

The workers handbook for dealing with HR 

In the case of you noticing a conflict about to happen or if you are in one, there are some key things to remember.

Guiding principles

  • All employees are protected by Working Environment Act (https://lovdata.no/dokument/NLE/lov/2005-06-17-62)  (called Arbeidsmiljøloven https://lovdata.no/dokument/NL/lov/2005-06-17-62 in Norwegian) 
  • Document everything - you need to take screen shots, copy emails emails, etc,  and make sure they are available some place where your employer can not delete them.
  • Remember the role of HR departments - people working in HR are in a difficult position as many of them do care about you, however their loyalty when push comes to shove will 99,9% of the time be towards the employer. That is the nature of their job. Therefor you must remember to not over share or treat them as an ally.
  • Never use company equipment such as a PC, cloud services or emails in your activism. This will most likely be in violation with company guidelines, and it also enables an employer to have access to things you have written or similar.
  • Using company equipment:
    • computers: should never be used for your activism, it is most likely subject to different types of surveilance and many companies have strict rules on what they can be used for. It will most likely be used against you.
    • phone / table: remove any material which could be problematic such as documents, images, etc. make sure to use secure applications like Signal for any communication.

Scenarios

It is sometimes hard to apply generic advice to particular contexts, so I will try to outline how this could play out in different scenarios.

Being called into meetings with HR and / or a manager

  • Before the meeting:

    • consider whether you need someone there with you. This could escalate things, however if you feel that it would help you then you should get someone to accompany you. Either a union representative or someone else your trust. 
    • Ask for a clear agenda for a meeting, do not go blindly into meetings with the subject “A chat” or similar. It is unprofessional to not have an agenda, and asking for one is not an hostile act. This will enable you to be mentally prepared for what is in store, even if it does not eliminate the risk of surprises.
    • Decide how you should document the meeting. If you want to take notes, decide if you use a pencil or a computer. If you want to record audio / video, try the setup first to ensure you capture things. You also need to remember to inform those in the meeting that you are doing this. It can be interpreted as an escalation, so you need to be prepared for reactions on this and how you should respond if that happens.

  • During the meetings

    • You main focus should be on listening and documenting what happens in the meeting, you should be careful in engaging in discussions. Documenting what happens is very important as it’s easy to forget things when you find yourself in stressful situations. It is hard to recollect the details when confronted with accusations of this kind. Documenting details for your own sake will help you both process things mentally, but can also help you in proving your case later if needed.
    • Always be calm, never respond with emotional reactions, even if this is really hard. Only ask for what breaches you made and the evidence which proves it. If you are faced with accusations, ask how you can correct things. Remember, that you are not there to defend yourself in this meeting, you can do that later.
    • If an accusation were made in the meeting, don’t respond without having consulted your union and / or people you trust for advice on courses of action. If you decide to respond, the union can send requests for clarifications on your behalf to the employer.

  • After the meeting:

    • Look over your notes and add things which are missing. You can also add your own reflections, this will help you later when everything that happened is not as fresh in your mind.
    • Ask people you trust for their opinion. This has multiple benefits, as it means you would explain the situation which gives you a way to recollect and reflect. It also means you get a somewhat neutral perspective on what has happened.
    • If you think something was not OK, talk to your local union representative or send an email to your union to get assistance.

Resources