Dismissal in Belgium: Understanding Your Rights in 2025

In Belgium, notice periods vary according to the worker's seniority and apply to both the employer and the employee. For a dismissed employee, the period starts at 1 week for less than 3 months of seniority and increases progressively. For 3 to 6 months of seniority, it is 2 weeks; for 6 months to less than 2 years, it is 4 weeks; for 2 to 5 years, it is 8 weeks; for 5 to 10 years, it is 26 weeks; for 10 to 20 years, it is 40 weeks; and for more than 20 years, it is 62 weeks. These periods are governed by Article 37/2 of the Law of July 3, 1978, relating to employment contracts, as amended by the Law of December 26, 2013.

Yes, Belgian employers can dismiss employees without providing a reason, but they must still respect the applicable notice period based on seniority (as outlined in Article 37/2 of the Law of July 3, 1978). However, the dismissal must not be discriminatory, abusive, or in violation of protected rights such as union membership, pregnancy, or disability. If the dismissal is deemed abusive by a labor court, the employer may be required to pay additional damages beyond the notice period compensation.

Dismissal without cause requires only the statutory notice period to be respected, while dismissal with cause (such as serious misconduct or repeated violations) allows an employer to terminate the contract immediately without notice. In both cases, the employee must receive their final salary, accrued leave compensation, and any other benefits owed. For dismissals with cause, employers should document the grounds carefully, as employees can challenge them in labor court if they believe the cause was insufficient or not properly established.

Upon dismissal, employees are entitled to their salary through the end of the notice period, compensation for unused vacation days, and any other contractual benefits or bonuses accrued. If the employer fails to respect the notice period, the employee can claim compensation for the full amount of salary they would have earned during that period. Additionally, if a labor court finds the dismissal to be abusive or discriminatory, the employee may receive damages beyond standard compensation—consulting with a legal expert through nexlaw.be can help determine your full entitlements.

Yes, employees can challenge their dismissal if they believe it was abusive, discriminatory, or violated Belgian labor law. Grounds for challenge include dismissal based on union membership, pregnancy, disability, political views, or protected leave usage. The employee must file a complaint with the labor tribunal (Tribunal du Travail) within specific timeframes—typically within one year of the dismissal. Having legal guidance from nexlaw.be can strengthen your case and ensure all procedural requirements are met.