ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us français | español
> GOVERNANCE - home > Employment protection legislation database - EPLex > Belgium

Belgium - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Belgium - 2019    

+ show references

Notification to the worker to be dismissed: written

Remarks:
  • Art. 37 (1) and 37 (2) para. 1 ECA

Notice period:
Remarks:
  • Art. 37/2 § 1 ECA:
    - 2 weeks in case of a tenure of less than 3 months
    - 4 weeks in case of a tenure between 3 and less than 6 months
    - 6 weeks in case of a tenure between 6 and less than 9 months
    - 7 weeks in case of a tenure between 9 and less than 12 months
    - 8 weeks in case of a tenure between 12 and less than 15 months
    - 9 weeks in case of a tenure between 15 and less than 18 months
    - 10 weeks in case of a tenure between 18 and less than 21 months
    - 11 weeks in case of a tenure between 21 and less than 24 months
    - 12 weeks in case of a tenure between 2 and less than 3 years
    - 13 weeks in case of a tenure between 3 and less than 4 years
    - 15 weeks in case of a tenure between 4 and less than 5 years

    - Starting from 5 years of tenure, the notice period is increased by 3 weeks upon commencement of every additional year;
    - Starting from 20 years of tenure, the notice period is increased by 2 weeks upon commencement of every additional year;
    - Starting from 21 years of tenure, the notice period is increased by 1 week upon commencement of every additional year.


    Art. 37 (2), para. 3.: The worker, the contract of whom was terminated by the employer with a notice period, may if he/she has has found another job, terminate the employment contract with reduced notice.

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 39 (1) ECA

    Notification to the public administration: No

    Notification to workers' representatives: No

    Remarks:
    • Except for protected workers.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No