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Employment may come to an end for various reasons. In most cases, either the employer or the employee gives notice. Other possibilities are expiry of the agreed period of employment, death, dismissal for serious misconduct, force majeure, or mutual agreement. Protected workers, such as trade union representatives, prevention advisers, workers on paternity leave and pregnant women, cannot be dismissed. In some cases dismissal is possible only if a severance payment is made. Sometimes a contract is suspended on account of a temporary instance of force majeure, such as inclement weather or a fire. If the suspension is short-term, the employer pays; otherwise payment is the responsibility of the unemployment office.
Termination of contract: resignation or dismissal
Either the employer or the employee may terminate an open-ended employment contract at any time, provided certain formalities are observed. As a rule, fixed-term contracts may not be terminated.
Notice must be given in writing and indicate the start and duration of the period of notice. This period differs according to whether you are a manual worker or a white-collar worker, whether the employee hands in his or her notice (resignation) or whether the employer gives notice (dismissal). It is possible for the notice not to be worked, in which case it is replaced by a one-off payment, the amount of which is equivalent to the salary which would have been paid or received during this period.
For manual workers
The period of notice varies according to seniority. In the event of dismissal: four weeks if the worker has less than 20 years' service, and eight weeks if the worker has more than 20 years' service.
In the event of resignation, the worker must give two weeks' notice if he/she has less than 20 years' service, and four weeks if he/she has more than 20 years' service. The period of notice begins on the Monday following the week in which notice is given.
For white-collar workers
Periods of notice vary according to the employee's seniority and salary. Where the gross annual salary does not exceed EUR 25,277, the period of notice to be given by the employer is at least three months for an employee with less than five years' service. This period is increased by three months for each additional period of five years' service. In the event of resignation, the period of notice corresponds to half the notice in case of dismissal but may not exceed three months. Where the salary exceeds EUR 25,277, the periods of notice are fixed by an agreement entered into at the time notice is given.
The period of notice begins on the first day of the month following that in which notice is given.
In the case of dismissal by the employer, the employee is entitled to reduce the period of notice by giving 'counter-notice' of his or her own. The employee is also entitled to leave for seeking a new job.
Unemployment benefit is applied for at the employee's place of residence on termination of the contract. If notice was given by the employee, a specified period must as a rule elapse before unemployment benefit is payable in Belgium.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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