Working in Belgium - End of employment

Ending Employment

The commitments arising from employment contracts end with:

• expiry of the term for fixed-term contracts
• completion of the work in respect of which the contract was concluded for contracts concluded for specific work
• the wishes of one of the parties (dismissal or resignation) for open-ended contracts
• the agreement of the parties (for all contracts)
• the death of one of the parties (for all contracts)
• a situation of force majeure having a long-term impact (for all contracts)

Immediate termination because of a serious misdemeanour: each party may terminate the contract without notice or compensation because of a serious misdemeanour. A strict procedure must be followed, otherwise termination will be null and void. The party invoking the serious misdemeanour must prove its existence. Any serious offence which makes all cooperation between the employer and employee immediately and indefinitely impossible is regarded as a serious misdemeanour.

Termination without notice: when the contract has been concluded for an indefinite period, each party may terminate it with notice. The communication must indicate the beginning and end of the notice period.
Notice must be communicated either by registered letter, which takes effect on the third working day after the date of dispatch, or by a bailiff.

The worker can also give notice in writing to his employer, in two copies. The employer signs the copy as proof of receipt.

Limitation of the right of dismissal

In some cases and with respect to certain categories of workers, the law provides for limitations on the right to dismiss an employee.

Act equivalent to termination

An act performed by one of the parties may modify the working conditions to such an extent that it is equivalent to the immediate termination of the contract (eg. illegal absence for several days without having informed the employer).

Pensions Systems

There are three pension systems:

1. Pensions for salaried workers (general system)
2. Pensions for the self-employed
3. Pensions for civil servants

Specific rules apply to minors, husbands, professional journalists and pilots.

Your pension is generally paid by:

• the National Pensions Fund (ONP), if you were a salaried worker or self-employed
• the Federal Public Service for Finance (central fixed expenditure service -pensions or SCDF-Pensions), if you were a civil servant

The pensions of people who worked outside the European Union, Norway, Iceland, Liechtenstein and Switzerland, and who contributed to the OSSOM are paid by the latter.

The amount of your pension is calculated according to three parameters: professional career, salary and family situation.

The legal pension age is in principle 65 years for all three systems: employees, the self-employed and civil servants. Women, whether employees or self-employed, can retire at the age of 64. The retirement age for women will be 65 as of 1 January 2009. You can obtain your pension early under certain conditions, which vary depending on your professional status.

In Belgium, it is also possible to take early retirement, but there are a number of conditions:

• It can be taken no earlier than one month after the person’s 60th birthday
• You must have worked for at least 35 years if you are a man, and 30 years if you are a woman

Periods taken into account when calculating retirement pensions:

• unemployment and vocational training
• invalidity (sickness – invalidity – maternity leave)
• occupational accident and illness
• disablement
• holidays, strikes
• career breaks (1/5, 1/4, 1/3, 1/2), maximum of 60 months

Text last edited on: 05/2009

Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.