Best Hiring & Firing Lawyers in Belgium

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Founded in 2009
10 people in their team
English
Balthasar & Associés - Cabinet d'Avocats advises private clients and businesses throughout Belgium from its base in Aywaille. The firm assists with commercial relationships, real estate matters, employment and social security issues, civil liability, criminal traffic matters, and related disputes....
M24 Cabinet d'avocats
Liège, Belgium

Founded in 2022
English
M24 Cabinet d'avocats, based in Liège, Belgium, offers comprehensive legal services through its five specialized departments: CIVILIS, COSULATA, GLOBAL DEFENSE, EXCELLEX, and HRL. Each department focuses on distinct areas of law, including civil and family law, business and commercial law,...
Advocaten Moors
Bree, Belgium

1 person in their team
English
Advocaten Moors provides focused legal guidance across civil, commercial and criminal matters in Belgium. Led by Frederique Moors, the firm handles complex disputes and transactional work with an emphasis on practical outcomes and efficient service.The firm is known for a decisive and goal oriented...

Founded in 1995
English
BE-LEGAL | Advocatenkantoor Mol, formerly known as Velede, underwent significant transformations in 2019, culminating in a rebranding to its current name in 2020. The firm relocated to a modern and spacious office at Molderdijk 124, 2400 Mol, enhancing its visibility and accessibility. This...
Brussels, Belgium

Founded in 2014
English
Freson Advocaten, located in the heart of Borgloon, Belgium, is a dedicated law firm offering comprehensive legal assistance across various domains. The firm is led by two experienced attorneys, Marc and Isabel Freson, who collaborate closely to provide clients with effective solutions to their...
Brussels, Belgium

Founded in 2019
5 people in their team
English
Advocaten Geukens is a well established law office in Tongeren, Belgium, guided by three generations of legal expertise. The firm provides comprehensive civil and commercial representation across family, employment, criminal, corporate and other practice areas, drawing on a long track record of...
Lieven Duchateau
Sint-Truiden, Belgium

Founded in 2000
English
Lieven Duchateau is a seasoned attorney with over 15 years of experience, offering tailored legal advice to both individuals and businesses. His practice emphasizes proactive solutions, aiming to prevent legal issues through timely counsel and thorough preparation. This approach underscores the...

Founded in 2015
English
Koonen-Lentz Anwaltskanzlei, located in Eupen, Belgium, offers comprehensive legal services across various practice areas, including civil law, criminal law, traffic law, insurance law, and debt collection. The firm is proficient in handling cases involving personal injury, property damage,...
Henneaux Daniel-Libralegis
Brussels, Belgium

Founded in 2017
English
Henneaux Daniel-Libralegis is a dynamic law firm based in Libramont-Chevigny, Belgium, offering comprehensive legal services to entrepreneurs, individuals, and public authorities. The firm is committed to delivering practical solutions across various branches of law, emphasizing independence and a...

Founded in 1920
English
Cabinet d'Avocats Delfosse, established in 1920 by former Minister of Justice Antoine Delfosse, has evolved over four generations into a prominent law firm in Liège, Belgium. The firm comprises over fifteen attorneys, each specializing in areas such as civil liability, insurance law, medical law,...
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About Hiring & Firing Law in Belgium

Hiring and firing practices in Belgium are governed by a complex set of laws designed to protect both employers and employees. Employment laws in Belgium aim to ensure fair treatment and provide a legal framework for resolving disputes. The system includes various regulations related to contracts, employee rights, termination procedures, and severance payments. Significant emphasis is placed on collective bargaining agreements, and these often dictate specific conditions that augment the statutory framework. Overall, the legal landscape is structured to ensure transparent and just employment practices.

Why You May Need a Lawyer

Legal assistance is often sought in hiring and firing scenarios to navigate the complexities of Belgian labor law effectively. Common situations include:

  • Navigating contracts: Understanding different types of employment contracts and their implications.
  • Termination disputes: Addressing issues related to wrongful dismissal or breach of contract.
  • Severance negotiations: Calculating appropriate severance pay and ensuring fair compensation.
  • Compliance issues: Ensuring adherence to collective labor agreements and statutory requirements.
  • Workplace discrimination: Addressing any form of discrimination or harassment in hiring or termination.

Local Laws Overview

Belgium's employment laws cover several key areas:

  • Employment Contracts: These can be fixed-term, open-ended, or temporary, each with specific legal requirements. Contracts must clearly define terms like job description, salary, working hours, and notice periods.
  • Protection Against Dismissal: Employees are shielded from unfair termination practices, and employers must provide legitimate moral and technical reasons for dismissal.
  • Notice Periods: Statutory notice periods vary based on the type of contract and seniority of the employee. These must be adhered to unless mutually agreed upon otherwise.
  • Severance Pay: Upon termination, employees may be entitled to severance pay, calculated based on tenure and specific legal determinants.
  • Collective Labor Agreements: These agreements often contain specific provisions regarding hiring and dismissal practices that complement or even surpass national legislation.

Frequently Asked Questions

What types of employment contracts are recognized in Belgium?

Belgium recognizes open-ended, fixed-term, and temporary employment contracts, each subject to distinct legal regulations.

What rights do employees have if they are dismissed?

Employees have the right to receive notice or corresponding severance pay, depending on the terms of their contract and the circumstances of their dismissal.

How is severance pay calculated in Belgium?

Severance pay is typically calculated based on the employee's length of service, role, and specifics of the employment contract.

Is it possible to terminate an employee without notice?

Termination without notice can occur in cases of serious misconduct, where immediate dismissal is warranted. However, this often involves a legal process to justify the action.

What is considered wrongful dismissal in Belgium?

Wrongful dismissal occurs when an employer fails to provide valid legal grounds for terminating an employee's contract or does not follow prescribed procedures.

Can employers engage in collective dismissals?

Yes, but they must follow specific legal protocols, including consulting with employee representatives and notifying government authorities.

Are trial periods allowed in employment contracts?

Trial periods are generally not permitted under Belgian law, following legislative changes, except in very specific circumstances.

What role do collective labor agreements play?

Collective labor agreements can dictate the conditions of employment, including specifics around hiring and firing that differ from statutory requirements.

What protections exist against discrimination during hiring?

Belgian law prohibits discrimination based on race, gender, age, religion, disability, or sexual orientation in hiring processes.

How should disputes be resolved in Belgium?

Disputes are typically resolved through negotiation, mediation, or, if necessary, through the judicial system, often with the assistance of legal counsel.

Additional Resources

For further guidance, individuals can refer to the following resources:

  • Federale Overheidsdienst Werkgelegenheid, Arbeid en Sociaal Overleg: Provides detailed information on employment laws and worker rights in Belgium.
  • Unions: Trade unions can offer advice and represent employees in disputes regarding employment matters.
  • Business Advice Centers: These centers offer advice for small businesses on complying with employment laws.
  • Legal Aid Services: These services can provide legal assistance to those who meet certain financial criteria.

Next Steps

If you require legal assistance in hiring and firing matters in Belgium, consider the following steps:

  1. Consult with an independent legal advisor or lawyer specializing in Belgian employment law to review your case.
  2. Gather all relevant documents, including employment contracts, correspondence, and any evidence related to the dispute.
  3. Engage with employee representatives or unions if applicable, as they may offer support or intervention in resolving disputes.
  4. Consider alternative dispute resolution methods, such as mediation, before pursuing legal proceedings.
  5. Seek advice from professional organizations or business networks that may offer legal clinics or pro bono services.

Lawzana helps you find the best lawyers and law firms in Belgium through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Hiring & Firing, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.