Dismissal

1.To resign or to be fired always causes a lot of practical concerns. Law of dismissal is indeed a very complicated matter.

Defenestration in Prague castel 1618

First a distinction between fixed-term contracts and contract of indefinite duration arises.

A contract of indefinite duration can be canceled at any time provided that a period of notice or a severance pay are respected.

A fixed-term contract or a contract for a specific project on the other hand cannot be canceled unilaterally. In case this situation does occur a cancellation fee corresponding to the salary for the remaining term of the contract will be due. This fee can never exceed twice the amount of the severance pay normally due if the contract were a contract of indefinite duration. Nevertheless, in response to deleting the probationary period, the possibility has been provided to be able to terminate a fixed-term contract if certain conditions are met.

2. If you submit your resignation yourself, you should do this via a registered letter. Another possibility is issuing the letter of dismissal against written acknowledgement. Don’t forget to mention the date, the consignee, the fact that you resign your contract with company “X”, the start and the duration of the notice period and off course your name and signature.

3. If, on the other hand, you get fired, definitely check if you are entitled to an outplacement arrangement and whether you are covered by a protected status. In addition, it may be appropriate to request the reasons for your dismissal (unless you are aware of the fact that you didn’t do your job effectively) when the employer hasn’t proceeded to notify the reason spontaneously. In case of an incorrect statement, you have right to an additional fee (3 to 17 weeks’ pay).

4. From the employers point of view, it seems to be advisable not to give any justification when dismissing a person, simply because of the fact that in case of a dispute the employer, under current law, carries the burden of proof. In case the employee has sent you a request to state the reasons you are nevertheless obliged to do so.

5. On the other hand a justification for the dismissal must always be specified in case of termination for (just) cause (“ ontslag om dringende reden ”). It must be based on grounds which make a further cooperation impossible. The underlying facts (and in case of a lingering dispute, the latest facts) must be no more than three days old. An immediate reaction is therefore necessary. Never forget, it’s you, the employer, who has to proof the just cause (“dringende reden”).

In case your employee is unlawfully absent for example, don’t hesitate to confirm this by registered letter and e-mail. Of course, one doesn’t want to spoil the cooperation by an overload of registered letters. Sending an e-mail can be sufficient, if proof can be delivered that the e-mail has been sent and received.

6. Aside from the website of the “Belgian Federal Public Service Employment, Labour and Social Dialogue”, information can be found on the websites of various unions. An associate member can also contact the unions directly. Although the unions are automatically responsible for their member, they will decide themselves whether or not to support an employee, and whether or not their interventions seems worthwhile.

Not everyone is member of a union and though, which means that nog everyone is aware of their rights and how to enforce them.

The intervention of an attorney can lead to a more through legal assistance in court, especially when other aspects of law, other than labour legislation are involved.