Belgium Government Updates Rules for Employee Dismissal
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.
By: Nair & Co.
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
* collective dismissal
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 remuneration.
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.
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