Qu'est-ce que Dismissal ?
Definition
Dismissal (licenciement / ontslag) is the unilateral termination of an employment contract by the employer. In Belgian law, it can take two forms: notice dismissal (the employee continues to work during a notice period) or dismissal with severance (the employee's contract ends immediately, with the employer paying compensation equivalent to the notice period).
In practice
Since the 2014 labour law reform (the "single statute" — statut unique), notice periods for CDI employees are calculated using the Claeys formula based on years of service: one week per year of seniority up to year 5 (minimum 13 weeks), then progressively longer periods for more senior employees. Dismissal for serious cause (faute grave) allows immediate termination without notice or severance if the misconduct is sufficiently severe — but this is subject to strict procedural requirements and is frequently contested before Labour Tribunals. Employers must respect special protections against dismissal for certain employees: pregnant employees, employees on parental leave, employee representatives, and prevention advisors. Manifestly unreasonable dismissal can result in additional compensation of 3–17 weeks' salary. ONEM pays unemployment benefits to dismissed employees who meet eligibility criteria.
Key takeaway
Belgian dismissal law is employer-restrictive but well-structured — following the correct procedure and documenting the reasons carefully protects against costly legal challenges.
Définitions connexes
Mutual Termination Agreement
Amicable termination of an employment contract by mutual agreement between employer and employee, allowing both parties to separate under negotiated conditions.
Unemployment Benefits
Financial replacement income paid by the Belgian state (via ONEM) to workers who have lost their job involuntarily and meet the required contribution conditions.
Permanent Employment Contract (CDI)
Open-ended employment contract with no predetermined end date, the standard reference contract in Belgian labour law, offering the strongest legal protections.
Non-Compete Clause
Contractual clause prohibiting an employee, after leaving a company, from working for a competing employer or starting a competing business for a defined period and geographic scope.