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Non-payment of wages is a criminal offense in Norway, and the Norwegian government has a very generous guarantee system, whereby the Government will pay your wages even if your employee can’t. However, the guarantee (which also covers collection costs), is only valid for four months. |
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One of the problems that foreign nationals frequently bring to our attention, is the failure of Norwegian employers to pay in full the wages of a worker who has given notice.
In many of these cases, the worker will suffer a loss because he (or she) has returned to the home country, and is finding it difficult to take legal action in across the borders. Also, they are frequently afraid of the costs.
Most often, the employer will try to justify the lack of payment by bringing up a counterclaim, for example for lost or damaged tools. However, Norwegian law is quite clear on this: This kind of claim can almost never be legally deducted from the wages owed by the employer to an employee. First, he has to pay the wages (including holiday money) in full, and then he can proceed with the legal enforcement of his counterclaim - if it is valid.
In fact, employers who try to deduct money from the wages of an employee in Norway against the rule of the law, are guilty of criminal offence, and can be brought to court by the police for it. Even so, the problem appears to be quite common, especially for drivers and craftsmen.
The only real reason why the employees lose money in such cases, is that they don’t know their rights and wait too long before they bring legal charges against the employer. This is because the Norwegian Government guarantees for the payment of practically all wage claims. If the employer is insolvent, the Government will step in and pay for him, and then demand the money back in the bankruptcy of the employer.
However, this guarantee is only valid for four months. If the claim has been dormant for more than this, the guarantee is lost.
If the employee stays within the four month time limit, however, the Government Guarantee covers not only the wages, but also the necessary additional costs with the enforcement, including legal fees.
So, whatever you do with these cases, don’t tarry. If your employer hasn’t paid you in full, contact a Norwegian lawyer immediately.
Jørgen Klaveness
Advokatfirma Klaveness & Co.
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