Belgium Government Updates Rules for Employee Dismissal (Bristol, UK) - Belgian Government introduced a Collective Labour Agreement on 12 February 2014 wherein it is mandatory for employers to state the reasons for dismissal ofemployeesworking for more than six months. This new harmonised dismissal rule is applicable to both blue-collar and white-collar workers in Belgium. The new rule is effective from 1 April 2014 and may have severe impact on company HR policies, reports Nair & Co., the leading provider of Global HR Services for companies expanding overseas. This new rule does not apply to employees who are dismissed:
within 6 months of commencing their employment
working under a short-term contract
working under a student contract
working under the unemployment framework within a company allowance regime
working under the contract within indefinite duration from the first day of the month in which they reach the legal retirement age
ultimate termination of the position
closure of the company
If employer fails to give reason, the employee may request a formal reason for dismissal within two months after the employment contract ended. However, if the employment contract is completed upon notice, request must be made within six months after the notification of the notice but no later than two months from the end of the employment contract. It is not necessary for the employer to reply to employee’s request if they have already informed the employee of the dismissal reason in writing.If the employer fails to provide a valid reason, the employeemay be entitled an additional two weeks’ of remuneration.
Old rules applying to unfair dismissal are applicable to blue collar workerswho are dismissed or for whom the exception of fixed notice period applies until 31 December 2015. This means responsibility lies on the employers to pay an additional six months compensation and provide necessary proof. Nair & Co. advises companies operating in Belgium to review their process and take appropriate measures in order to avoid liability and penalties resulting in unreasonable dismissals. For more information about doing business overseas or to learn more about our International HR Laws team please contact us. Subscribe to regular global tax compliance alerts from Nair & Co. Get the latest news releases and updates on international tax, HR, Finance, compliance and other legal news at Nair & Co. Industry Alerts. About Nair & Co. Nair & Co., the leader in international business expansion services, provides accounting, HR, legal, tax and compliance services for the set up and management of your international operations. Our model of a single-point-of-contact, supported by internal teams of experienced advisors, helps clients expand business and manage risk so they can focus on their core business and sustain growth with minimal risk, stress and cost. We support nearly 250 clients in over 70 countries. Nair & Co. is headquartered in Bristol, UK, has 450 employees and offices in China, India, Japan, Singapore, and the US. Learn more at www.nair-co.com Media Contacts: For media enquiries or to learn to more about Nair & Co., please email us at firstname.lastname@example.org or call Yvonne Smith at +1.408.501.8867
Published on Apr 23, 2014
Belgian Government introduced a Collective Labour Agreement on 12 February 2014 mandatory for employers to state employees.