Dismissal in Belgium: Understanding Your Rights in 2025
Sommaire (2 sections)
Practical Advice for Dismissed Workers
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 5 and 10 years of seniority, the notice period extends to 26 weeks. These durations 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). 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 the Law of July 3, 1978, relating to employment contracts, and CCT No. 109, an unfair dismissal can result in an additional indemnity of 3 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 CCT 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.
Questions fréquentes
What are the notice periods in Belgium?
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.
Can an employer dismiss me without cause in Belgium?
Yes, Belgian employers can dismiss employees without cause, but they must respect strict procedural requirements and provide appropriate notice periods based on seniority. However, the dismissal cannot be discriminatory, retaliatory, or based on protected grounds such as union membership, political beliefs, or family status. If you believe your dismissal was unjustified or abusive, you have the right to contest it in court under Belgian labor law.
What happens if my employer doesn't respect the notice period?
If your employer fails to respect the legally required notice period, you are entitled to compensation equal to the salary you would have earned during that period. Additionally, you may have grounds to claim damages for wrongful dismissal. It's advisable to document the dismissal communication and consult with a labor law specialist through nexlaw.be to understand your specific rights and potential compensation.
Can I be dismissed during sick leave in Belgium?
Belgian law provides specific protections for employees on sick leave. Generally, dismissals during medical absence are subject to stricter conditions and may be challenged as abusive dismissal. Your employer must follow proper procedures and have valid grounds for termination even while you're on sick leave. If you're uncertain about your situation, nexlaw.be can help you evaluate whether your dismissal complies with Belgian labor protections.
What severance pay am I entitled to after dismissal in Belgium?
Belgium does not provide statutory severance pay beyond the legally required notice period or compensation if notice isn't observed. However, your employment contract may include severance provisions, and collective bargaining agreements (CCT) in your sector may provide additional benefits. The amount and conditions depend on your industry, seniority, and contract terms—consulting nexlaw.be can clarify what you're entitled to in your specific case.
Quand consulter un avocat ?
- When you receive a dismissal notice
- If you have doubts about your notice calculation
- In case of dismissal for serious misconduct
- If you are affected by a social plan
- To understand your rights regarding outplacement
Sources et références
Mis à jour : 2026-05-01- SPF Emploi - Licenciement — Service Public Fédéral Emploi, Travail et Concertation sociale
- Belgium.be - Préavis et licenciement — Portail officiel de la Belgique
- Securex - Délais de préavis — Secrétariat social agréé
- UCM - Rupture du contrat de travail — Union des Classes Moyennes
- SPF Emploi - Protection contre le licenciement — Informations sur les protections légales
- SPF Emploi - Outplacement — Régime général de reclassement professionnel