26.April.2020

What happens if I am assessed for notice ?

Information of what happens if someone is considered terminated in connection with downsizing of manning / lack of assignments at Maersk Drilling Norway.
What happens if I am assessed for notice ?
MAF presentation of the process of collective redundancies in Maersk Drilling Norge AS (MDN).
Notice of dismissals are given to personnel when one or more of our rigs no longer have work and the company cannot keep everyone active at work.
The law on Information and consultation in connection with collective redundancies  can be found in AML § 15-2, here:

MDN is obliged to call MAF for discussions as early as possible if the company can see that it will be without assignments in the near future. At these meetings, the company are obliged to inform about the situation and at the same time notify the NAV (Labor and Welfare Agency).
MAF and MDN prepare a protocol that tells how the downsizing in manning shall be carried out. Such protocols usually take a few days to prepare. An example of such a protocol is
”2020-04-23 Drøftelsesprotokoll- Endringer i bemanning i MDN”, can be found here. 

This protocol is linked to
”June 9, 2015. Agreement on company seniority, and furthermore for layoffs / mass dismissals / downsizing of manning”, which may be found here:
It is this protocol that forms the basis for all layoffs, collective redundancies or downsizing of personnel in MDN. 

The individuals who are considered terminated will be contacted by the company to attend at a so-called 15-1 meeting. A MAF epresentative will always be present during the meeting if the member so wishes. The meeting is by telephone or by attendance. In this meeting, the following matters are discussed with the individual:

• Age and prospects at the labor market
• Financial situation, burden of debt, dependency burden, and so on 

• Information on preferential rights to new employment 

• How many employees considered dismissed who have longer seniority than you.

In addition, MDN / MAF will answer questions from the individual and whether there is something the individual like to be added as a comment for MDN to consider before eventually they decide to give notice. All MDN employees are entitled to a 2-year of preferential right to reemployment. The right starts at the last day on wages.

After this 15-1 meeting, MDN will decide whether to opt for termination or not. This decision is often taken after all 15.1 meetings have been arranged.

 
If you have received a notice, you have the option to ask for a so-called 17-3 meeting.

The law on The right to claim negotiations can be found in AML § 17-3, see here

At this meeting, you state why you believe MDN has terminated you unlawful. At the same time, there is the custom that when one claim this 17-3 meeting, one also claims the right to stay in position. MAF has all the forms that must be filled in and recommends that you include a representative from MAF or another person who is familiar with labor law at the 17-2 meeting. In some cases, we recommend lawyers from Industri Energi (IE) to attend the meeting as they have very good knowledge concerning most types of terminations. In our company, it occur that 17-3 meetings are arranged, but as a general rule any unclear conditions are resolved before such meetings.
Rarely does a case end up in the courts. If MAF and IE think a case should be pursued, then the IE / LO will attend with their lawyers.


Periods of notice
How long is the period of notice in MDN ?
The answer is two-dimensional. One is the Law and the other is the Collective Agreement.

In Law, we think this is the most important parts:

(2) In the case of employees who, when notice is given, have been in the employ of the same undertaking for at least five consecutive years, at least two months' notice shall be given by either party. If the employee has been in the employ of the same undertaking for at least 10 consecutive years, at least three months' notice shall be given by either party.

(3) If an employee is dismissed after at least 10 consecutive years' employment with the same undertaking, the period of notice shall be at least four months when given after the employee is 50 years of age, at least five months after the age of 55, and at least six months after the age of 60. The employee for his part may terminate his contract of employment with not less than three months' notice.

The entire law on termination may be found here;

The most important reference in the Collective Agreement:
Notices of termination and dismissal shall be given pursuant to the provisions of the Working Environment Act.

For employees in wage groups 0, 0.1, 1, 1.2, 2, A og B the term of notice is 3 months.
For Platform Managers with 10 years consecutive employment the term of notice is 6 months. 

This is stated under chapter 2.2 of the Collective Agreement, see here:
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