Dismissal in Belgium: Understanding Your Rights in 2025

In Belgium, notice periods in the event of dismissal are primarily determined by the worker's seniority within the company. These periods are governed by the Belgian Labor Code, notably Article 37/2 of the Law of July 3, 1978, relating to employment contracts, and aim to offer protection to both employers and employees during the termination of the employment contract.

Notice Periods for Workers Hired After January 1, 2014

For workers hired from this date, the notice period is calculated in weeks and applies uniformly to all, whether it is a fixed-term or indefinite contract. For example, an employee with less than three months of seniority is entitled to a one-week notice period. For an employee with between three months and less than six months of seniority, the period extends to two weeks. This period gradually increases to 12 weeks after four years of seniority, and up to 62 weeks for twenty years of seniority.

Concrete Example

Let's take the case of Sophie, who has been working for five years in a company. If she is dismissed, she is entitled to a 15-week notice period. This means she will continue to work or be paid for a period of 15 weeks after the announcement of her dismissal, thus giving her time to find a new job.

Notice Periods for Workers Hired Before January 1, 2014

For workers hired before this date, a transitional regime is in place to calculate the notice period, combining old and new rules. The part of the seniority acquired until December 31, 2013, is calculated according to the old system (days and months), while the seniority acquired from January 1, 2014, is calculated according to the current system.

Importance of Notice Periods

Respecting the notice period is crucial as it allows the worker to organize and seek a new job while ensuring a smooth transition for the company. In case of non-compliance with the notice period, the employer is required to pay a compensatory indemnity equivalent to the gross remuneration the worker would have received during the notice period. This legal provision ensures a balance between the rights and obligations of both parties during the termination of the employment relationship.

When a worker is dismissed in Belgium without respecting the notice period or under specific circumstances, they may be entitled to severance pay. This indemnity aims to compensate for the harm suffered by the worker due to the early termination of their employment contract. Let's take a closer look at how these indemnities are calculated and what rights workers have in this context.

Calculation of Severance Pay

Severance pay generally corresponds to the gross remuneration the worker would have received if they had worked during the notice period. Under Article 39 of the Law of July 3, 1978, relating to employment contracts, the employer who does not respect the notice period must pay the worker an indemnity equivalent to the remuneration for that period. For example, if an employee with five years of seniority is dismissed without notice, and the applicable notice period according to the law is 12 weeks, the employer must pay them an indemnity equal to 12 weeks of gross salary.

Specific Cases and Exceptions

Certain specific situations can influence the calculation of the indemnity. For example, in the case of dismissal for serious cause, the employer can terminate the contract without notice or indemnity, provided that the serious cause is proven and communicated to the worker within the legal deadlines, in accordance with Article 35 of the same law. Conversely, a manifestly unreasonable dismissal, as defined by CCT No. 109, may entitle the worker to an additional indemnity ranging from 3 to 17 weeks of remuneration, depending on the severity of the injustice suffered.

Concrete Example

Let's take the case of an employee, Marie, who has been working in a company for eight years. If her contract is terminated without notice, she is entitled, by virtue of her seniority, to an indemnity covering 26 weeks of gross salary, in accordance with legal scales. If her gross monthly salary is 3,000 euros, the severance pay will amount to 18,000 euros (3,000 euros x 6 months).

Workers' Rights

Workers have the right to receive a written explanation of the reasons for the dismissal, which is essential to contest an unfair dismissal. They can also appeal to a social inspection or initiate legal proceedings if the legality of the dismissal is contested. Unionized workers can benefit from the assistance of their union to defend their rights and obtain advice on the steps to follow.

In summary, severance pay plays a crucial role in protecting Belgian workers, ensuring them adequate financial compensation in the event of contract termination without notice. It is essential for every worker to understand their rights and verify that legal procedures are respected by the employer.

When a worker in Belgium faces dismissal, it is crucial that they know their rights to navigate this period as clearly as possible. Workers' rights cover several aspects, including notice, assistance during the dismissal procedure, and possible recourse.

Notice Periods

The notice period is a period during which the worker continues to work after the announcement of their dismissal. Since the 2014 reform, notice periods have been standardized and depend on the worker's seniority. For example, for a worker with less than 3 months of seniority, the notice period is 1 week. For an employee with between 5 and less than 6 years of seniority, this period is 18 weeks. The legal reference for these periods can be found in the Belgian Labor Code, more specifically in the article relating to indefinite-term employment contracts.

Assistance and Support

Workers have the right to be accompanied during the dismissal interview. They can be assisted by a union advisor or any other trusted person. This support is essential to ensure that the process is transparent and fair. Furthermore, an obligation of information rests on the employer, who must clearly explain the reasons for the dismissal.

Recourse and Legal Protection

In the event of a dismissal deemed unfair, the worker has the right to contest the decision before the labor court. The reasons for dismissal must be serious and real. For example, a dismissal motivated by discriminatory reasons, such as age, race, or gender, contravenes Belgian anti-discrimination legislation, as stipulated in the Law of May 10, 2007, aimed at combating certain forms of discrimination.

Concrete Examples

Let's take the example of Marie, an employee in a company for 7 years who is notified of her dismissal. Her employer grants her a notice period of 24 weeks, in accordance with her seniority. If Marie suspects that her dismissal is due to her pregnancy, this would constitute discrimination, and she could take legal action to contest this dismissal.

In summary, although dismissal can be a stressful period, Belgian workers have several rights and legal protections to ensure that the process is conducted fairly and transparently. It is advisable for workers to inform themselves and seek support to ensure that their rights are respected throughout the procedure.

When an employer decides to dismiss a worker in Belgium, it is crucial to follow a series of legal procedures to ensure the respect of the rights of all parties involved. Non-compliance with these formalities can result in sanctions for the employer and compensation for the worker.

Notice Periods

The notice period is a period during which the worker continues to work after being informed of their dismissal. The Belgian Labor Code, notably Article 37/2 of the Law of July 3, 1978, relating to employment contracts, specifies that the notice period varies according to the worker's seniority. For example, for a worker with seniority of less than three months, the notice period is two weeks. On the other hand, for a worker with more than twenty years of seniority, the notice period is up to 62 weeks. These periods are applicable if the dismissal is notified in writing and signed by the employer.

Severance Pay

In case of non-compliance with the notice period, the employer must pay a compensatory notice indemnity, equivalent to the salaries and social benefits that the worker would have received during the notice period. For example, if an employee with five years of seniority is dismissed without notice, they are entitled to an indemnity corresponding to 18 weeks of salary.

Legal Procedure

The legal procedure for dismissal, especially in the case of dismissal for serious cause, requires a formal approach. The employer must notify the worker within three working days after becoming aware of the serious fact, by registered letter or via a bailiff. The reason must be clearly stipulated. Failing this, the dismissal could be considered abusive, opening the way to legal recourse for the worker.

Concrete Examples

Let's take the example of a company that dismisses an employee for economic restructuring. If the employee has ten years of seniority, a notice period of 33 weeks is required. If the company does not respect this notice period, it owes an indemnity corresponding to 33 weeks of salary.

Conclusion

By following these formalities, employers can avoid costly litigation and maintain a professional reputation. For workers, understanding these procedures is essential to ensure the respect of their rights. Consulting a legal advisor can often be helpful in navigating these complex situations.

Protection against unfair dismissal in Belgium is a major concern for many workers. The Belgian legislator has put in place several mechanisms to ensure that dismissals are justified and fair. Under Article 63 of the Employment Contract Law, a dismissal is considered unfair if the employer does not have a serious reason to terminate the employment contract.

Serious Reason and Burden of Proof

The serious reason must be related to the worker's aptitude or conduct, or be based on the operational needs of the company. For example, an employer may invoke economic reasons, such as a significant decline in activity, to justify a dismissal. However, it is up to the employer to prove that the reason invoked is real and serious. If a worker contests their dismissal, they can take the matter to the labor court. If the court finds the dismissal unfair, the employer may be ordered to pay an additional indemnity equivalent to six months' salary, in addition to notice indemnities, as stipulated in Article 82 of the same law.

Indemnities and Notice Periods

In the case of unfair dismissal, the worker is entitled to a notice indemnity that varies according to their seniority. For example, a worker with three years of seniority is entitled to a 12-week notice period. In addition, the severance pay will be calculated based on the worker's gross remuneration. For a gross monthly salary of 3,000 euros, the six-month indemnity would amount to 18,000 euros.

Examples of Unfair Dismissals

A concrete example of unfair dismissal could be the dismissal of a performing employee under the pretext of restructuring, while the company continues to hire for similar positions. Another example could be dismissal due to the worker's health condition, which would constitute discrimination prohibited by law.

Recourse and Additional Protection

Protected workers, such as union representatives, benefit from increased protection and their dismissal requires the prior agreement of the labor court. Workers who believe they are victims of unfair dismissal can also seek the intervention of social inspection services.

In conclusion, Belgian legislation offers significant recourse for workers to protect themselves against unfair dismissals, thus ensuring a balance between employers' rights and workers' protection.

Outplacement: A Right for Certain Workers

In Belgium, the right to career support, commonly known as "outplacement," is a measure aimed at supporting dismissed workers in their transition to new employment. This provision is particularly relevant for employees aged 45 and over who must face a often difficult labor market. According to Article 11 of CCT No. 82, the employer is required to offer outplacement to dismissed workers, provided they have at least one year of seniority in the company.

The outplacement offer must include a program of at least 60 hours of counseling and training, spread over a 12-month period. Among the services offered are skills assessment, help with CV writing, interview preparation, and psychological support. The costs of this program are fully covered by the employer and cannot be deducted from the severance pay due to the worker.

Let's take the example of Marie, a 50-year-old employee who worked for 15 years in a textile company. Following a restructuring, she is dismissed. Her employer offers her an outplacement program, allowing her to identify her transferable skills and target new professional opportunities. Thanks to this support, Marie manages to secure a job in the logistics sector a few months after her dismissal.

It is important to note that if the employer does not comply with their obligation to offer outplacement, the worker can claim an indemnity equivalent to two weeks' salary. Moreover, this obligation also applies in the context of collective dismissal procedures, under the Renault law. In this context, outplacement becomes an integral part of the social plan put in place to support the affected workers.

In summary, outplacement in Belgium is an essential right for certain dismissed workers, offering crucial support for repositioning in the labor market. Employers must be attentive to their legal obligations under penalty of financial sanctions, while workers must be informed of their rights to fully benefit from them.

When faced with dismissal in Belgium, it is crucial to understand your rights to protect your interests and facilitate your transition to a new professional opportunity. Here are some practical tips for navigating this complex situation.

1. Verification of Notice

The first step is to verify the duration of the notice period applicable to you. According to Belgian law, the notice period varies depending on your seniority in the company. For example, for a worker with less than 3 months of seniority, the notice period is 1 week. On the other hand, for those with between 3 and 6 years of seniority, the notice period extends to 12 weeks. These durations are governed by Article 37/2 of the Law of July 3, 1978, relating to employment contracts. Ensure that the employer respects these periods, as an incorrect notice period could justify a compensatory notice indemnity.

2. Calculation of Indemnities

In the event of dismissal without notice, you are entitled to a compensatory indemnity. This indemnity corresponds to the salary you would have received during the unrespected notice period. For example, if you were entitled to an 8-week notice period and are dismissed immediately, you must receive the equivalent of 8 weeks' salary. Be sure to include in this calculation all elements of your usual remuneration, such as bonuses and benefits in kind.

3. Recourse in Case of Unfair Dismissal

If you believe your dismissal is unfair, that is, without serious or sufficient cause, you can take legal action. According to Article 63 of collective labor agreement No. 109, an unfair dismissal can result in an additional indemnity of up to 17 weeks' salary. It is advisable to consult a specialized lawyer to assess the relevance of this approach.

4. Assistance and Advice

Consider using outplacement services if you are entitled to them, especially if you are at least 45 years old and have 1 year of seniority. Article 11 of collective labor agreement No. 82 governs this right. Also take advantage of the advice of regional public employment services, such as FOREM, Actiris, or VDAB, which offer various support services.

In summary, while dismissal is often challenging, it can be effectively managed by knowing and asserting your rights. A proactive and well-informed approach will allow you to turn this page under the best possible conditions.