Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Norway: Wage guarantee in case of insolvency
Phase
Act on state guarantee for wages in case of insolvency
Native name
Lov om statsgaranti for lønnskrav ved konkurs m.v. (lønnsgarantiloven)
Type
Wage guarantee in case of insolvency
Added to database
08 May 2015
Article
1, 2
Description
In the case of bankruptcy, the employees receive by the state through a guarantee system any outstanding payment, accrued holiday pay and pension, and the compensation for the termination period. The scheme is administrated by the Norwegian Labour and Welfare Administration (NAV) and employees have to make a claim to NAV in order to get the compensation.
Claims should be put forward within the deadline set by the court. NAV Wage Guarantee will process claims that are submitted in writing to the administrator of the estate before the bankruptcy proceedings are closed, or within six months of commencement of the bankruptcy proceedings.
The guarantee applies to all employees that are in an employment relationship where the employer is to pay social security contributions to the national insurance scheme. Self-employed and shareholders who hold more than 20% are not covered.
Claims have to be put forward by the employees (individually or with help from their trade union or a legal adviser) and the following can be covered:
Pay for a maximum of six months. The pay claim must not have been due for payment more than 12 months before the deadline. This time limit is absolute.
Holiday pay accrued in the same year as the final date of claim (i.e. when bankruptcy proceedings commenced in court) and the year before.
Pension benefits for a maximum of six months.
Compensation for lost remuneration for the performance of work for a maximum of six months.
Interest.
Reasonable costs linked to filing a petition for bankruptcy.
Maximum coverage is limited to a gross amount equivalent to two times the National Insurance basic amount, which is adjusted every year.). Reasonable costs linked to filing a petition for bankruptcy are in addition to this.
Once bankruptcy proceedings have commenced, claims are covered for one month from the date on which bankruptcy proceedings commenced. This applies even if a longer period of notice applies through agreement or by law.
Commentary
Not available.
Additional metadata
Cost covered by
National government
Involved actors other than national government
Public employment service
Trade union
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Eurofound (2015), Norway: Wage guarantee in case of insolvency, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/wage-guarantee-in-case-of-insolvency/norway
While large-scale redundancies at major manufacturers dominate the headlines, the true impact of this restructuring is being felt most acutely within the wider supply chain. This article examines the uneven distribution of job losses, the growing geographical shifts in production, ...
Eurofound’s ERM restructuring legislation database offers an overview of key restructuring-related regulations in the EU Member States and Norway. Its content is continuously updated to reflect any changes made by national legislators in response to, for instance, policy shifts, legal ...
Can Europe still achieve its ambitions for battery manufacturing? To answer this, the article looks at data from Eurofound’s European Restructuring Monitor and explores what recent large-scale restructuring events reveal about the state of play in the EU battery sector.
This working paper offers a comprehensive methodological overview of the European Restructuring Monitor (ERM) databases. Even though the methodology has not changed over time, new categories have been added, and the way it has been used by researchers and policymakers ...