Belgium has enacted new employment regulations effective January 1, 2014, focusing on termination notice periods that are now based on seniority for all employees. The updates include the abolition of probationary periods in most cases, changes to sick leave pay, and requirements for companies terminating long-tenured employees to offer outplacement services. Employers are advised to adapt their HR policies to comply with these new laws and ensure lawful termination processes.

1. Belgium Introduces Changes to Employment Law Regulations
(Bristol, UK) - Belgian Official Gazette recently published a new employment regulation outlining
employment termination notice periods for both blue and white collar employees, effective 1 January
2014. Going forward, notice periods will be based on seniority, calculated in weeks and applicable from
the Monday following the day notice is given. This new law is aimed to minimize legal discrimination
between worker status for both blue- and white-collar employees, says Nair & Co. a provider of global
HR services for companies with international operations.
Following are other significant amendments published in the new law:

Probationary periods will be no longer be enforced. Exceptions apply to employment contracts
for students, temporary work and interim work. Note: Probationary clauses included in the
contracts prior to 1 January 2014 will remain in force.

Transitional measures may be adopted for employees who are in service prior to 1 January
2014, and who are still working. The notice period in such cases will be calculated on the basis of
two elements (assuming dismissal by employers):
o
Seniority earned before 1 January 2014:

Blue-collar employees – In compliance with the legal rules applicable as on 31
December 2013 which include statutory periods or varying periods set at the
company or industry level;

White-collar employees – Annual Remuneration as on 31 December 2013 are as
follows:

Up to EUR 32,254 – 3 months every year of five years of seniority

More than EUR 32,254 – Generally, 1 month for every year of service
(minimum of 3 months), subject to further rules and conditions.
o
Seniority earned after 1 January 2014 – please see below table

2. 
Sickness day (carensdag/jour de carence) – the first day of unpaid leave (sickness) for blue collar
employees has been abolished. Thus, first day of sickess leave shall be a paid leave, subject to
certain conditions being fulfilled.

Under certain circumstances, for companies that are terminating employees eligible for a notice
period of 30 weeks or more (or equivalent compensation), companies must offer outplacing
services.

It might soon become necessary for employers to formally explain the grounds of termination
(taking place after 1 January 2014).
Notice periods for termination of an employment contract by the employer or employee are as
follows as of January 1, 2014:
Notice period for contract terminated by
Seniority
Employee (in weeks)
Employer (in weeks)
0 to 3 months
1
2
3 to 6 months
2
4
6 to 9 months
3
6
9 to 12 months
3
7
12 to 15 months
4
8
15 to 18 months
4
9
18 to 21 months
5
10
21 < 24 months
5
11
3 years of service
6
12
4 years of service
6
13
5 years of service
7
15
6 years of service
9
18
7 years of service
10
21
8 years of service
12
24
9 years of service
13
27
10 years of service
13
30
(length
of
employment)

3. 11 years of service
13
33
12 years of service
13
36
13 years of service
13
39
14 years of service
13
42
15 years of service
13
45
16 years of service
13
48
17 years of service
13
51
18 years of service
13
54
19 years of service
13
57
20 years of service
13
60
21 years of service
13
62
Every additional year
Not more than 13
Additional week - every year
of service
Nair & Co. recommends companies operating in Belgium to take a close look at the new employment
law amendments in order to make suitable changes to their HR policies and avoid missing relevant
information for a proper and lawful termination process.
For more information about doing business overseas or to learn more about our International HR
Services please contact us.
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About Nair & Co.
Nair & Co., the leader in international business expansion services, provides accounting, HR, legal, tax
and compliance services for the set up and management of your international operations. Our model of
a single-point-of-contact, supported by internal teams of experienced advisors, helps clients expand
business and manage risk so they can focus on their core business and sustain growth with minimal risk,
stress and cost. We support nearly 250 clients in over 70 countries. Nair & Co. is headquartered in

4. Bristol, UK, has 450 employees and offices in China, India, Japan, Singapore, and the US. Learn more
at www.nair-co.com
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