Notice Periods in Belgium

This guide aims to provide Indian expats residing in Belgium with a clear understanding of notice periods when it comes to employment termination. It’s important to remember that this information is for general guidance only and may not apply to every specific situation. It’s always recommended to consult with a legal professional for personalized advice.

Key Points:

• Notice periods are required for both employers and employees when terminating an employment contract of unlimited duration.
• The notice period depends on the employee’s seniority and the date the employment contract began.
• For contracts before January 1, 2014, different rules apply to blue-collar and white-collar workers.
• For contracts after January 1, 2014, fixed notice periods based on seniority apply to all employees.
• There are specific rules for fixed-term contracts and protected employees.
• Employers must follow specific procedures for termination, including informing employee representatives.

If you work in IT follow the following table to check your notice period:

Here’s a breakdown of the notice periods:

Employment contracts before January 1, 2014:

• Blue-collar workers: The notice period is calculated based on a complex formula involving seniority.
• White-collar workers earning less than €32,254 gross: Three months’ notice per five years of seniority.
• White-collar workers earning more than €32,254 gross: One month’s notice per year of service with a minimum of three months.

Employment contracts from January 1, 2014:

• Fixed notice periods based on seniority apply to all employees (blue-collar and white-collar).
• The maximum notice period is 13 weeks.

Additional Points:

• Special rules apply to counter-notice, termination close to retirement age, and protected employees.
• Employers must inform and consult with employee representatives in certain situations.
• Collective dismissals and closures have specific procedures and requirements.
• Summary dismissals (dismissal with immediate effect) are possible for serious causes with specific conditions.
• Severance pay is not mandatory but may be agreed upon in a separate agreement.
• Non-competition clauses are possible but subject to limitations and enforceability conditions.

Remember: This is a simplified overview, and specific details and exceptions may apply. If you have any questions or concerns about your employment situation in Belgium, it’s crucial to seek legal advice from a qualified professional.