During the fall of 2008, the world was struck by a financial crisis as a consequence of the collapse of banks and the bankruptcy of large companies. This caused hard times for many companies. Threat of bankruptcy, cash flow problems, and a drought in new orders, lead to a re-vitalization of the discussion of the legal issues of employment protection, management?s rights and related issues.
Could companies with financial difficulties call back expensive benefit arrangements from the employees in order to lift the situation and improve a cash flow situation? The questions of the legality, the distinctions, and the limits were actualized. In the context of Norwegian labor legislation, this is a question about the intersection between management?s rights, an d obligation law, hereunder more specifically the relationship between employee's rights and the employers right to alter agreed terms. To the business market this issue will have importance in times of change, change management, and change implementation . To many companies it is a question of "to be or not to be" if struck by a financial crisis. On the other hand the matter has great impact on the security provided for the employee by traditional Norwegian labor legislation. My research is focused on emp loyment benefits and the right, or lack of such, the employer has to remove or dismiss such rights.
During this project research, I will strive to analyze the legal issues which are forthcoming when the intersection between management's right to lead the work and to make decisions with impact on the employee, and the rules which follows from more general contractual legislation with the basis in the employment agreement, is in focus.
The Trier university and the IAAEG has a highly respected staff and a large library. I aim to use the facilities to enable me to gain knowledge on the European perspective of my thesis' areas of interest. My research period in Trier will hopefully enable me to fulfill this aim.