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> GOVERNANCE - home > Employment protection legislation database - EPLex > Belgium

Belgium - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 and 8 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 6 and 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • No statutory provision.
    Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Over a period of 60 days, at least:
1) 10 workers in undertakings with 20-99 workers;
2) 10% workers in undertakings with 100 - 300 workers;
3) 30 workers in undertakings with at least 300 workers.

Remarks:
  • Art. 1, ROCD and 62 (5) APE.

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 6 ROCD and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Notification to the public administration: Yes

Remarks:
  • Art. 7 RO 1976 and and 66 (2) APE.

Notification to workers' representatives: Yes

Remarks:
  • Art. 6 RO 1976 and 66 (1) APE.
    See also: Collective Labour Agreement N° 24.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks:
  • No criteria listed in the legislation nor in Collective Labour Agreements.
    Art. 6 Collective Agreement N° 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • No statutory provision.
    Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

    The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers¿ representatives and places an obligation on employers to analyze and formally respond to any proposals from workers¿ representatives.

Priority rules for re-employment: No