EMCC European Monitoring Centre on Change

Belgium: Notice period to employees

Belgium
Phase: Management
Type:
Notice period to employees
Last modified: 06 September, 2019
Оригинални назив:

Loi du 13 février 1998 portant des dispositions en faveur de l'emploi dite loi Renault/Wet van 13 februari 1998 houdende bepalingen tot bevordering van de tewerkstelling (Wet Renault)

Енглески назив:

Law of 13 February 1998 regarding measures in favour of employment (so-called 'Renault Law')

Article

62-70

Description

Employers are required to notify their workforce 30 days in advance of implementing collective dismissals (that is, within 60 days, dismissals of at least 10 workers in companies with 20-99 employees, of at least 10% of the workforce in firms with 100-299 workers or at least 30 dismissals in companies with 300 or more staff). This period can be extended up to 60 days upon request from the trade union.

During the 30 day collective dismissal notification period, the employer is prohibited from dismissing the employees included in the collective dismissal notification. After and in addition to this period, the conventional notification periods apply to individual employees.

Individual notice of termination is valid only if it is in writing, specifying the commencement date and the duration of the period of notice. When the employer gives notice, the statement must be sent by registered mail or be communicated in writing by a process server.

Each employee, regardless of being white or blue collar worker, has a fixed notice period in case of the unilateral ending of a work agreement of an indefinite nature. Fixed-term contracts can only be ended (since 2014) in the first half of the contract (up to six months) through a one-sided notification of either the employee or employer. In this case notification periods similar to the indefinite nature contract apply. It is not possible to alter the duration of the period at sectoral level; it is however possible to increase the period at individual or company level.

The duration of the notice period depends on several elements as can be seen below:

Duration of notice period for the first 5 years of employment:

For each started year of employment

For each started period of 3 months of employment

Fixed notice period - dismissal by employer

Fixed notice period - dismissal by employee

1st year

0 < 3 months seniority

2 weeks

1 week

 

3 < 6 months seniority

4 weeks

2 weeks

 

6 < 9 months seniority

6 weeks

3 weeks

 

9 < 12 months seniority

7 weeks

3 weeks

2

12 < 15 months seniority

8 weeks

4 weeks

 

15 < 18 months seniority

9 weeks

4 weeks

 

18 < 21 months seniority

10 weeks

5 weeks

 

21 < 24 months seniority

11 weeks

5 weeks

3

 

12 weeks

6 weeks

4

 

13 weeks

6 weeks

5

 

15 weeks

7 weeks

     

6

18 weeks

9 weeks

7

21 weeks

10 weeks

8

24 weeks

12 weeks

9

27 weeks

13 weeks

10

30 weeks

13 weeks

11

33 weeks

13 weeks

12

36 weeks

13 weeks

13

39 weeks

13 weeks

14

42 weeks

13 weeks

15

45 weeks

13 weeks

16

48 weeks

13 weeks

17

51 weeks

13 weeks

18

54 weeks

13 weeks

19

57 weeks

13 weeks

20

60 weeks

13 weeks

 

   

21

62 weeks

13 weeks

22

63 weeks

13 weeks

23

64 weeks

13 weeks (max.)

....

...

...

Comments

No information available.

Cost covered by
Not applicable
Involved actors other than national government
  • Trade union
Thresholds
No, applicable in all circumstances
Sources
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