Section 17-3 The right to demand negotiations

(1) An employee who wishes to claim that a dismissal with notice or summary dismissal is unlawful, that it is a breach of the provisions of this Act concerning preferential rights or that an unlawful temporary appointment, hiring or suspension has been made may demand negotiations with the employer. The same shall apply if the employee wishes to claim compensation on grounds of circumstances as referred to in the first sentence.

(2) An employee who wishes to demand negotiations must notify the employer of this in writing within two weeks. The time limit for demanding negotiations shall run from:

  • a) the date of a dismissal with notice or summary dismissal,
  • b) the date the employer rejected a claim from an employee concerning preferential right to a new post,
  • c) the date an employee terminated employment in the case of a dispute as to the lawfulness of a hiring or temporary appointment, or
  • d) the date a suspension is revoked.
    In a dispute as to the lawfulness of a hiring, temporary appointment or suspension, there is no time limit for demanding negotiations.

(3) The employer shall ensure that a meeting for negotiations is held as early as possible and, at the latest, within two weeks of receiving the request.

(4) If an employee institutes legal proceedings or notifies the employer that legal proceedings will be instituted when no negotiations have been conducted, the employer may demand negotiations with the employee. A demand for negotiations shall be submitted in writing as soon as possible and not later than two weeks after the employer is notified that legal proceedings have been or will be instituted. The employer shall ensure that a meeting for negotiations is held in accordance with the provision laid down in the preceding paragraph. If legal proceedings are instituted, the employer shall notify the court in writing that negotiations will be conducted. An employee is obliged to attend the negotiations.

(5) Employees and employers shall be entitled to engage the assistance of an adviser during the negotiations. The negotiations must be completed not later than two weeks after the date of the first negotiation meeting unless the parties agree to continue the negotiations. Minutes shall be kept of the negotiations, which shall be signed by the parties and their advisers.

(6) In a dispute concerning hiring, demands for negotiations shall be made to the hirer. The provisions of this section concerning the employer shall apply correspondingly to the hirer.