Oppdatert: 16.Juli 2018
16.Juli 2018
MAERSK
ANSATTES FORENING

Moseidveien 19
4033 Stavanger

Tlf: (+47) 4000 4380

E-post: MAF

 
 
Antall visninger: 1110745
Siden 14 mars 2013
Dismissal
What happens when individuals are given dismissal with notice?
This explains what happens if someone is considered dismissed in connection with staffing / lack of assignment with us Maersk Drilling Norge.

Presently, I will try to explain some about the process of mass dismissals in Maersk Drilling Norway AS (MDN).
Mass dismissals occur when one or more of our rigs do not have contracts and the company is not able to keep everyone employed.

The Act on mass dismissals you will find in WEA § 15-2 at this link.


MDN is obliged to convene with MAF for discussions as early as possible if the company can foresee that there will be no assignments in the near future. At these meetings, the company informs about the situation while notifying NAV (Labor and Welfare).
MAF and MDN prepare a protocol that tells how the downsizing should be carried out. Such protocols may take some days to elaborate. An example of such protocol is

"18th January 2018. Discussions related to Mærsk Innovator terminating the contract in Norway", you may find the protocol here


This protocol is linked to

"June 9, 2015. Agreement on company seniority etc at layoffs / mass dismissals / downsizing," you can find this protocol here.
 

It is this protocol that constitutes the basis at all layoffs, mass dismissals or downsizing in MDN.
 
Those who are considered for dismissal will be contacted by the company in order to arrange a so-called § 15-1 meeting. At this meeting a MAF representative will always attend during the meeting, whether by telephone or by attendance. In this meeting the following matters will be discussed with the individual:
• Age and prospects on the labour market
• Economic situation, burden of debt, number of dependants etc.
• Information on preference to new employment
• How many considered dismissed who held longer seniority than yourself
In addition, MDN / MAF will address questions from each individual and whether there is anything that should be added as a note that MDN should considerate before they may decide to terminate. Everyone in MDN is entitled to 2 years of preference for reemployment, this preference starts at the last day on salary.
Following this meeting, MDN will decide whether to opt for termination or not. This decision is often taken after all § 15.1 meetings have been held.

If a notice is received, you have the opportunity to request a so-called § 17-3 meeting.
 
The right to claim negotiations is available in WEA $ 17-3, at following link.
 

At this meeting the individuals may state why they think MDN has presented an unfair dismissal. At the same time it is customary that when you claim for this § 17-3 meeting you also claim the right to stay in position. The MAF has all the forms to be filled in and recommends that you include a representative from MAF or another person who is familiar with labour law. In some cases, we recommend to use lawyers from Industri Energi (IE). They have special competence relating to most aspects of dismissals. With us in our company, §17-3 meetings are arranged, but usually indistinct matters are clarified before such meetings.
 
Rarely the case ends up in court. If MAF and IE believe the case should be pursued, IE / LO will provide lawyers for legal assistance.
 
 


 
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