Have you been fired or are you considering resigning as an employee? In Belgium, the rules around dismissal and notice periods have changed significantly since the 2014 Unified Statute Act. In this article, Novex Advocaten explains which notice periods apply, when you are entitled to severance pay and in which cases you can contest a dismissal.
The unitary statute: equal rules for blue-collar and white-collar workers
Prior to 2014, different dismissal rules applied to blue-collar and white-collar workers. Since the introduction of the unit statute the same notice periods apply to all employees, calculated on the basis of years of seniority. The longer you are employed, the longer the notice period.
How are notice periods calculated?
The notice period depends on the total seniority with the employer, and is composed of two parts:
- Share by December 31, 2013: acquired rights based on previous status (worker or employee);
- Share as of Jan. 1, 2014: uniform notice periods in accordance with the unit statute.
As a guideline: for an employee with 5 years of seniority (fully accrued after 2014), the notice period is 18 weeks. For 10 years of seniority: 27 weeks. At 20 years: 62 weeks. The exact calculation is complex and requires individual analysis.
Dismissal with notice or with compensation?
The employer can choose between two methods:
- Dismissal with notice: the employee continues to work during the notice period and receives his normal pay;
- Dismissal with severance pay: the employer pays compensation equal to wages for the entire notice period, and the employment relationship ends immediately.
Urgent reason: dismissal without compensation
In case of a serious deficiency which makes any further cooperation impossible, the employer may dismiss the employee for an urgent reason, without notice or compensation. The urgent reason must be communicated within three working days of becoming aware of it, and the dismissal must be given within three working days of being notified of the reason. Violations of these deadlines make the dismissal for urgent reason irregular.
Irregular dismissal: what can you do?
If you believe that your dismissal is irregular, arbitrary or discriminatory, you may contest it before the labor court. Possible claims include additional compensation for arbitrary dismissal, protective compensation (e.g., when dismissed for pregnancy, union activity or whistleblowing) or the nullity of the dismissal in certain cases.
Outplacement and activation measures
Employees age 45 or older, or employees with at least 30 weeks' notice, are basically entitled to outplacement (job search assistance). The employer is obliged to offer this outplacement. If he refuses, he risks additional compensation.
Need assistance with dismissal or dismissal dispute?
Novex Lawyers advises employees and employers in all dismissal matters: calculation of notice periods, dismissal for urgent reasons, discriminatory dismissal and proceedings before the labor court. Contact us for an initial discussion of your case.
Also read: Legal expenses insurance in Belgium