Belgium
 

Source and scope of regulations - 2011    

References

• Employment Contract Act [ECA], 3 July 1978, as last amended in June 2010
  (Loi relative aux contrats de travail - available in French, Dutch and German )
  Date: 06 Jun 2010; view website » (view in NATLEX »)
• Labour Act [LA], 16 March 1971, as last amended in December 2010
  (Loi sur le travail - available in French, Dutch and German)
  Date: 12 Dec 2010; view website » (view in NATLEX »)
• Royal Order on Collective Dismissals [ROCD], 24 May 1976, as subsequently amended in March 1998
  (Arrêté royal sur les licenciements collectifs)
  Date: 30 Mar 1998; view website » (view in NATLEX »)
• Act on Promotion of Employment [APE], 13 February 1998 as last amended in December 2010
  (Loi portant des dispositions en faveur de l'emploi - available in French, Dutch and German)
  Date: 19 Dec 2010; view website » (view in NATLEX »)

Scope
Size of enterprises excluded (≤): 20

Workers' categories excluded: civil/public servants; police; army; seafarers; teachers; dock workers

Collective agreements

- Collective Labour Agreement No 10 , 8 May 1973 on collective dismissals, 8 May 1973, (as amended up to 2009).
- Collective Labour Agreement No 24. 2 October 1975 on collective dismissals (consultation and information procedure)
(as subsequently modified up to 21 Dec. 1993)
- Collective Labour Agreement No 75 of 20 December 1999, notice period of blue-collars (ratified by Royal Order, 10 February 2000)
On supplementary severance payment for older workers:
- Collective Labour Agreement No 17, 19 December 1974 (last modified by CCT No 17 tricies ter, 22 December 2008),
- Collective Labour Agreements Nos 96 and 97, 20 February 2009.

Types of employment contracts - 2011    

Maximum probationary (trial) period: 12 month(s)

Fixed term contract (FTC):

• FTC regulated: Yes
• Valid reasons for FTC use: no limitation on first FTC
  
  Remarks:

  • Art. 10 ECA
    However, the employer will be requested to prove that he has objective and material reasons for issuing a FTC only when FTC have been concluded successively without any interruption imputable to the worker.
• Maximum number of successive FTCs: 4
  
  Remarks:

  • Art. 10 bis (2) ECA
• Maximum cumulative duration of successive FTCs: 36 month(s)
• % of workforce under FTC: 8.3 %
  
  Remarks:

  • Eurostat, third trimester 2010.
    The figure refers to the percentage of employee of total number of employee with a contract of limited duration (= temporary job).
    Eurostat data are based on the following definition:
    "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Substantive requirements for dismissals (justified and prohibited grounds) - 2011    

Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none


Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; whistle blowing; ethnic origin; birth; financial status; state of health; genetic information


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave

Notes / Remarks
Valid grounds for dismissals are only required for blue-collar workers, and not for white-collar workers.

Procedural requirements for individual dismissals - 2011    

Notification to the worker to be dismissed: written

Notice period:

• tenure ≥ 6 months
  • white-collar workers - 3 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 35 day(s).
• tenure ≥ 9 months
  • white-collar workers - 3 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 35 day(s).
• tenure ≥ 2 years
  • white-collar workers - 3 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 35 day(s).
• tenure ≥ 4 years
  • white-collar workers - 3 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 35 day(s).
• tenure ≥ 5 years
  • white-collar workers - 6 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 42 day(s).
• tenure ≥ 10 years
  • white-collar workers - 9 month(s).
  • blue-collar workers - 28 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 56 day(s).
• tenure ≥ 20 years
  • white-collar workers - 15 month(s).
  • blue-collar workers - 56 day(s).
  • blue-collar workers covered by the Collective Labour Agreement No 75 - 112 day(s).

Pay in lieu of notice: Yes

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2011    

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.

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

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

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

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

Priority rules for re-employment: No

Severance pay and redundancy payment - 2011    

Redundancy payment: Only for collective dismissals:
(basic average net remuneration - unemployment benefits ) ÷ 2. Due for 4 months subject to exceptions.

Notes / Remarks
1) Individual dismissals (including for economic reasons): no statutory severance pay.
2) Collective dismissal: redundancy payment established by a national collective agreement (N°10 of 1973).

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2011    

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Blue-collars: max. 6 months' wages
White-collars: free determination by the judges

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court

Existing arbitration: No

Source of additional information - 2011    

Other documents

» ILO termination of employment legislation digest - Belgium (last updated in 2007)