Banking Compliance Checklist for Svalbard and Jan Mayen: A Guide for Employers

When drafting employment agreements in the unique legal environment of Svalbard and Jan Mayen, where Norwegian labor laws meet specific regulations, employers must ensure they adhere to both sets of rules. This checklist provides a comprehensive overview of the essential clauses to include in your contracts.

Basic Employment Information

• Identify the employer and employee by name and contact details
• Define the job title, duties, and responsibilities
• Specify the start date and duration of employment (fixed-term or open-ended)

Remuneration and Benefits

• State the employee’s wage/salary amount, including currency and payment frequency
  • Overtime pay terms:
    • Calculation methods
    • Rates
• Define regular working hours per week/day, including breaks and rest periods
• Specify entitlement to annual vacation leave, sick leave, and other forms of paid leave, following Norwegian regulations
• List any benefits offered, such as:
  • Health insurance
  • Pension plans
  • Housing allowances

Termination

• Establish the required notice period for termination by either party, adhering to Norwegian labor law stipulations
• Enumerate valid reasons for termination by employer or employee, following Norwegian dismissal regulations
• Outline terms for severance pay, if applicable, considering Norwegian severance pay legislation

Svalbard-Specific Considerations

• Acknowledge the unique tax regime in Svalbard and its potential impact on employment agreements
• Incorporate provisions regarding working conditions in remote or harsh environments, considering specific health and safety protocols
• Recognize that certain Norwegian labor law regulations may not apply directly in Svalbard due to the Svalbard Treaty

Probationary Period

• Specify a maximum duration of six months for a probationary period, as outlined in the Act on Working Environment
• Allow both parties to assess suitability for the role during this period
• Outline shorter notice periods (14 days) for termination by either party during the probationary period

Confidentiality and Non-Compete Clauses

• Include confidentiality clauses to safeguard confidential information, following the Act on Working Environment
• Specify the range of confidential information protected by the clause
• Limit non-compete clauses to roles involving highly sensitive information or special training received at the employer’s expense
• Ensure non-compete clauses are reasonable and do not excessively limit an employee’s ability to earn a living

Important Note: This checklist is a general guide, and it is recommended that employers consult with legal professionals to draft comprehensive employment agreements tailored to specific circumstances.