Belgium Government Updates Rules for EmployeeDismissal
Belgium Government Updates Rules for Employee Dismissal
(Bristol, UK) - Belgian Government introduced a Collective Labour Agreement on 12 February 2014
wherein it is mandatory for employers to state the reasons for dismissal ofemployeesworking for more
than six months. This new harmonised dismissal rule is applicable to both blue-collar and white-collar
workers in Belgium. The new rule is effective from 1 April 2014 and may have severe impact on
company HR policies, reports Nair & Co., the leading provider of Global HR Services for companies
This new rule does not apply to employees who are dismissed:
within 6 months of commencing their employment
working under a short-term contract
working under a student contract
working under the unemployment framework within a company allowance regime
working under the contract within indefinite duration from the first day of the month in which
they reach the legal retirement age
ultimate termination of the position
closure of the company
If employer fails to give reason, the employee may request a formal reason for dismissal within two
months after the employment contract ended. However, if the employment contract is completed upon
notice, request must be made within six months after the notification of the notice but no later than
two months from the end of the employment contract. It is not necessary for the employer to reply to
employee’s request if they have already informed the employee of the dismissal reason in writing.If the
employer fails to provide a valid reason, the employeemay be entitled an additional two weeks’ of
Old rules applying to unfair dismissal are applicable to blue collar workerswho are dismissed or for
whom the exception of fixed notice period applies until 31 December 2015. This means responsibility
lies on the employers to pay an additional six months compensation and provide necessary proof.
Nair & Co. advises companies operating in Belgium to review their process and take appropriate
measures in order to avoid liability and penalties resulting in unreasonable dismissals.
For more information about doing business overseas or to learn more about our International HR Laws
team please contact us.
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