Rights

Members of Havnar Arbeiðarafelag have all sorts of rights that have been achieved through negotiations and strikes for over 100 years. 

Here, your rights will be described.

What are my contractual rights?
As a member of Havnar Arbeiðarafelag, you participate in the union's contracts with employers. We have a main contract and several special contracts for different spheres of operation. 

The contract stipulates rights related to wages, working hours, seniority benefits, various types of additionals, overtime, insurance, pensions, representative system, and leisure time. Additionally, employees should have inaugural notes that specify their work conditions.

The regular working hours are usually between 8:00 and 17:00, with a lunch break of 1 hour. If you work during the lunch break, you should receive double pay for this time. Within working hours, you also have the right to a coffee break in the morning and afternoon. Employers should ensure a suitable working environment, and employees have the right to choose both representatives and safety representatives.

When do I have the right to an employment contract?
When you start a new job that lasts more than 1 month and has an average of more than 8 hours per week, you should remember to request an employment contract from your employer.

The employment contract should provide the following information:

• Name and address of the employer and the employee.
• Start date and duration of the employment, if not unlimited.
• Place of work.
• Working hours.
• Sphere.
• Length of service.
• Applicable agreements.
• Trade union membership.
• Salary, additions - including pension, insurance, etc.
• Payment dates.
• Employee's rights regarding annual leave.
• Notice period.
• Any other agreements related to the employment.

According to the law, the employer must provide you with an employment contract outlining the details mentioned above. However, many people do not receive employment contracts.

If you have been working without an employment contract, you can request one from your employer. You should do this regardless of how long you have been with the employer.

If you encounter difficulties obtaining an employment contract, you can contact the representative at your workplace, who can raise the issue with the management. It is also possible at all times to contact your trade union for assistance.

Should we have representatives and welfare representatives?
Every workplace with 5 or more employees should select a representative who represents the employees. The representatives should know about specific changes in the workplace. The representatives are part of a representative system with special protection against termination. In workplaces with more than 20 employees, welfare representatives should also be elected.

Havnar Arbeiðarafelag aims to ensure that all representatives undergo training for their role, as well as committee members.

What is the notice period?
The notice period is linked to the length of employment. For hourly-paid work, the notice period from the employer is as follows:

• Under 6 months of employment: 5 working days
• Over 6 months of employment: 7 working days
• Over 1 year of employment: 10 working days
• Over 2 years of employment: 15 working days
• Over 3 years of employment: 20 working days
• Over 5 years of employment: 25 working days

If an employee resigns, having worked for over three months, the notice period is five working days. If the employee has worked for more than six months, the notice period is seven working days. The resignation must be in writing for both parties.

If you have worked for at least nine months for an employer, you have the right to receive a written explanation for the termination if you request it.

The notice period for fixed-salaried employees

• If the length of employment is up to six months, the notice period is one month, effective from the 1st of the month.
• If the length of employment is from six months to two years, the notice period is two months, effective from the 1st of the month.
• If the length of employment is over two years, the notice period is three months, effective from the 1st of the month.

For employees, the notice period is one month, effective from the 1st of the month.

The resignation must be in writing for both parties.

If you have worked for an employer for at least nine months, you have the right to receive a written explanation for the termination if you request it.

Will I receive a salary if I become ill?
If you become ill, you can receive sickness benefits from the Department of Social Services' sickness benefit scheme. The payment is 100% of your earnings, but up to a maximum amount equivalent to 80% of a worker's salary. The benefit is usually calculated based on the average earnings of the five weeks preceding the sick leave. The daily amount is kroner 754.18 + 12% in holiday pay.

If an employee is involved in a work-related accident and needs to be on sick leave, they are also eligible to receive support from the sickness benefit scheme, and the payment is the same as mentioned above. In addition, the union contributes 10% and the employer 10% for up to 10 days.

Will I receive a salary if my children become ill?
If your child is unfortunate enough to become ill and you are staying at home with the child, you can receive sickness benefits for the child's 1st and 2nd sick days if the child is under 14.

You are entitled to receive benefits for a total of 10 sick days for the child per year if the requirements are otherwise met. You do not need to provide a medical certificate but rather a certificate from the employer confirming the absence and income loss.

The sickness benefit is 100% of the salary, up to a maximum of 80% of the worker's income. The daily amount is kroner 825.21 + 12% in holiday pay.

Do all members of Havnar Arbeiðarafelag receive a pension?
For the union, it is important that the livelihood of its members does not decline as they leave the labour market due to age. Therefore, a good pension scheme must supplement the Labour Market Supplemental Pension Fund and public pensions. 

Havnar Arbeiðarafelag has long had a pension scheme for its members. This is an annuity scheme, which means that when you reach the age of 67, you will receive monthly pay for the rest of your life. The amount depends on how much you have contributed to the labour market. The employer contributes 10% towards the pension.

Am I insured?
If something terrible happens, as an active member of Havnar Arbeiðarafelag, you are insured in the event of death, specified severe illness, or if children under 18 years old experience a specified severe illness. In addition, members are entitled to a final payout, contingent upon active membership in the union for at least 10 continuous years until the age of 67.

The insurance premium is 1.5% of your salary, and the employer usually pays it with the union fee and pension contribution. If you become unemployed or suffer from illness before age 67 and are forced out of the labour market, you may remain in the insurance coverage by paying a monthly amount to the union. It is advisable to review your insurance terms if you become unemployed.

Insurance

When are we entitled to a survivor's pension?
In the unfortunate event that a member of Havnar Arbeiðarafelag passes away having worked for at least 1 year with the current employer, the surviving spouse/partner or children under 18 years of age whom the employee had an obligation to support, are entitled to survivor's pension for the month in which the individual passes away and for the following three months.

What entitlement do I have to seniority?
You have the right to receive an additional benefit for occupational seniority when you have worked within the same field for three years. Havnar Arbeiðarafelag offers occupational seniority benefits for three, five, seven, nine, and eleven years.

If you switch from one workplace to another, your occupational seniority carries over with you if it's within the same field. You should request a certificate from your previous employer when changing workplaces. They are obligated to provide it to you. 

If, for example, you switch from a salmon factory to a fish processing plant or offshore industry, the previous work period will be considered. However, suppose you change occupational fields, such as moving from working with soil and concrete to an industrial job or transitioning from the fishing industry to becoming a bus driver. In that case, occupational seniority does not carry over since it's a new occupational field where you lack experience. Occupational seniority also carries over if you take a break from work and then restart, provided the break is less than seven years.

What rights do I have regarding holiday and holiday pay?
You are legally entitled to holiday pay from all your salary as an employee. Holiday pay can either be 12% on top of your wages, and you take time off without pay, or it can be a holiday bonus of 1.5% on top of your wages, and you have the right to take paid holiday. The latter option applies only to fixed-salaried employees. 

Everyone is entitled to five weeks of summer holiday, which must be taken between May 1st and October 1st. The timing of your holiday is determined in consultation with your employer. You are not obligated to take a holiday at a specific time, but you have the right to take four consecutive weeks of holiday during the May-October period. 

The employer determines when the holiday is taken, and according to the law, this should be done in consultation with the employee. If the employer specifies a particular holiday period, you should be informed well in advance, typically no later than 2-3 months before your summer holiday. 

Even if the same employer has employed you for less than a year, you are entitled to the holiday mentioned above, but the holiday pay is earned annually. For example, if you have worked for half a year, you will receive holiday pay equivalent to 12% of that earnings. The earning year is usually from April 1st to March 31st, but you can negotiate with your employer to change it to the calendar year. 

If you become sick just before your summer holiday and are sick for a few days during your holiday, those sick days are not counted as holiday days. In such cases, you need to make an agreement with your employer about when to take those holiday days. 

The days are normally added to the end of the previously agreed holiday period, so you can take your holiday as planned. If you are unfortunate enough to become sick after your holiday has started, you are not entitled to additional holiday days for the period you are sick unless your employer agrees to grant you extra holiday days for your sick days. 

An employer cannot require you to work during your holiday. If the employee is terminated from employment, and the notice period is not expired by May 1st, four weeks of holiday must be added to the notice period. According to the law, the notice period should not be shortened by adding holiday time.

How is the working environment, and what if I have a work-related injury?
The Faroese labour market is governed by agreements, laws, and regulations. In the labour market, there are rights related to the working environment, occupational injuries, sickness, unemployment, holiday pay, and maternity leave.

The legislation on the working environment makes it clear that you have the right to a safe and healthy workplace. If you experience a work-related accident, you must ensure that your employer reports the incident to the Faroese Working Environment Service, which will assess whether the regulations in the Working Environment Act have been followed.

All employees are protected against occupational injuries. If you experience an accident at the workplace, it is crucial to ensure that the injury is also reported to the Faroese National Board of Industrial Injuries within one year. The insurance does not cover incidents reported later than one year after the injury. The Faroese National Board of Industrial Injuries reviews cases that fall under insurance coverage.

Contact your union for assistance and guidance if you have experienced a work-related accident. Havnar Arbeiðarafelag has been helping members affected by accidents for many years.

What is an occupational illness, and what rights do I have?
An occupational illness is an illness that arises from work or work-related conditions. You can work under poor conditions for a prolonged period before realising the impact it has on your health.

Occupational illnesses include hearing damage, back problems, lifting injuries, and more. Seafarers, dockworkers, construction workers, and others who engage in physically demanding work often have a higher risk of occupational illnesses.

An occupational illness is not the same as a work-related injury, which is an accident that occurs at the workplace. An occupational illness often develops gradually. If you are uncertain whether you have an occupational illness, contact your union or the Industry Sickness Fund - see also www.vsg.fo. Havnar Arbeiðarafelag assists its members in obtaining compensation for occupational illnesses.

Should we have a safety representative at the workplace?
At all workplaces where 10 or more people work, a safety representative must be elected, whose task is to represent the employees. A safety committee should be established if the workplace has over 20 people.

Safety representatives, like representatives, have special protection against termination. For detailed information, refer to the legislation on working environment. You can contact the Labour Inspectorate at www.arb.fo for further assistance.

What if I become unemployed?
If you become unemployed, you have the right to receive benefits from ALS (Unemployment Insurance Fund). The unemployment benefit is calculated based on your EBT (Earnings Before Tax) income from the last 12 months prior to the start of unemployment. The maximum amount is 75% of the received income, but no more than 17,500 DKK monthly. The calculation basis does not change as long as you remain in the system.

If you work in the fishing industry, covered by the fishing industry scheme of ALS, you can apply for unemployment benefits as an unemployed worker in the fishing industry if no work is available. You can do this by filling out an application form provided by ALS or the fishing company. The company will verify the employment details. You can contact ALS for more information on requirements and application forms. Also, visit www.als.fo for more details.

What do I do if I experience gender discrimination?
The Sex Discrimination Act prohibits direct and indirect discrimination based on gender. If you believe you have been or are being discriminated against due to your gender, both women and men have the right to file a complaint with the Faroese Equal Status Council. Contact the Equal Status Council for guidance on the complaint process.

You can file a complaint to the Equal Status Council if you believe you have experienced or are experiencing gender discrimination in the labour market, for example, in relation to employment, dismissal, or salary, or if you have received dismissal due to pregnancy leave.

For more information, visit www.javnstoda.fo.

What are the requirements for maternity leave? 

Mothers:

Before the expected date of childbirth (due):
As a mother, you have a legal right to maternity leave with maternity pay starting 4 weeks before the expected date of childbirth. With a medical certificate, you also have the right to take maternity leave up to 13 weeks before the expected date of childbirth, but you will only receive maternity pay for up to 8 weeks before. The medical certificate must last until at least 4 weeks before the expected date of childbirth. Otherwise, it is not valid.
Weeks cannot be saved for after childbirth.

After childbirth:
After childbirth, parents have a legal right to stay home with the child for 52 weeks in total. They are entitled to maternity pay for 46 of these weeks. Of these, 4 weeks are allocated to the father, 14 to the mother, and 28 are interchangeable.

Only one parent can receive maternity pay during the weeks that are interchangeable and can only be taken after week 14 following childbirth. The parent who does not receive maternity pay can still take leave with salary.
The weeks with maternity pay must be used within 46 weeks after childbirth.

Fathers:

Before the expected date of childbirth*:
As a father, you do not have the right to take maternity leave before the expected date of childbirth.
*Expected date of childbirth is the same as the due date.

After childbirth:
After childbirth, parents have a legal right to stay home with the child for 52 weeks in total. They are entitled to maternity pay for 46 of these weeks. Of these, 4 weeks are allocated to the father, 14 to the mother, and 28 are interchangeable.
Only one parent can receive maternity pay during the weeks that are interchangeable and can only be taken after week 14 following childbirth. The parent who does not receive maternity pay can still take leave with salary.
The weeks with maternity pay must be used within 46 weeks after childbirth.

Labour Market Contributions
The contributions for ALS, maternity leave system, and Labour Market Supplemental Pension Fund are automatically deducted from the salary, similar to taxes. 

Membership Fee, Insurance, and Pension
When you receive your salary, it is important that the employer simultaneously transfers the percentage contributions for membership fees, insurance, and pension to Havnar Arbeiðarafelag.

If you leave the labour market temporarily or permanently due to unemployment, illness, or other reasons, you can still maintain your membership in the union and receive the benefits offered to members. In that case, you are required to pay a monthly insurance fee and an annual membership fee. 

Why is it beneficial to be a Havnar Arbeiðarafelag member?
As a member of Havnar Arbeiðarafelag, you can access a range of benefits and services the union offers. You also participate in the collective bargaining rights that the union has achieved.

Havnar Arbeiðarafelag is there for its members and aims to support you and your family. 

Through insurance and pension schemes, Havnar Arbeiðarafelag ensures its members do not have to worry about the future in case of unfortunate events. 

By becoming a member of the union, you become part of a large community that is there to support you in your work and other matters. 

If you experience injustice in the labour market, the union assists you and takes up the matter with its legal advisors. You receive support from the union if the employer fails to fulfil their obligations towards you as an employee, such as unpaid wages or other irregularities.

Collective bargaining rights, according to Havnar Arbeiðarafelag: 

• Right to fixed working hours
• Lunch breaks, dinner breaks, and coffee breaks
• Base salary, supplements, and overtime pay
• Compensation for shift work and 24-hour work
• Paid days off
• Notice periods for termination
• Maternity and parental leave
• Employment contracts
• Surviving Salary

Other rights and benefits provided by Havnar Arbeiðarafelag: 

•  Life insurance that financially supports relatives in case of a member's death
• Insurance for specified severe illnesses
• Insurance for specified severe illnesses in children
• Free legal advice
• Free lawyer, if you experience injustice such as wrongful termination, work-related injuries, or other unfair treatment in the workplace
• Possibility of financial support in case of illness
• Opportunities for participation in training courses
• Financial support during strikes or lockouts