Konsekwencje pracowniczej niezdolności do pracy z powodu choroby w świetle przepisów ustawodawstwa norweskiego
The consequences of the emploee’s incapacity for work due to illness in the light of the Norwegian statutory regulations

Summary/Abstract: In Norwegian legal system the model of employees security is typical and occurs on two levels. Accordingly to first, it’s provides the special employment protection, in the meantime the second guarantees the right to remuneration for illness period, as well as to benefit from the social security. The mentioned matters are governed by the following: the Act on Labour Law of 17 June 2005 and the Act on Benefits of Social Security of 28 February 1997. Both of them are analyzed by Authors. Act on Labour Law regulates the scope of the employment protection and conditions that allows the termination of the employment contract, while the Law on Benefits, provides the social security provisions, specifying the mode and the rules for the granting remuneration/allowances, periods of their payment and the workers entitled. An analysis of the provisions of Norwegian statutory regulations (taking into account the protection of employment contract during the illness) shows the restrictive solutions in this field. However, the employment protection against dismissals during the period of 12 months of illness, is not rigid, whereas the termination during the period of incapacity for work is permitted with applying the general conditions of the termination of employment contract. The special attention must be given to the institution of egenmelding, which must be understood as the specific employee’s entitlement for justified absence at work (due to illness) based on the principle of loyalty of the both parts of employment relationship.

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