Best Hiring & Firing Lawyers in Belgium

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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,...
Belisius Advocaten
Brussels, Belgium

Founded in 2013
13 people in their team
English
Belisius Advocaten is a Bilzen-based Belgian law firm specializing in corporate and commercial law, real estate, liability and insurance, employment law, and related regulatory matters. Through its team of partners and associates, the firm provides strategic advice on corporate governance,...
Brevia Advocaten
Bruges, Belgium

Founded in 1992
15 people in their team
English
Brevia Advocaten is a boutique law firm with offices in Brugge and Oostende that delivers multidisciplinary legal services to business clients and private individuals. The team combines deep expertise across corporate and commercial matters, insolvency and enforcement, liability and insurance,...
Mint advocaten
Zottegem, Belgium

Founded in 2024
1 person in their team
English
Mint advocaten is a Belgian law firm based in Zottegem that advises businesses and private clients on employment law, corporate matters and data protection. The team combines sector specific knowledge with a focus on South East Flanders and serves local entrepreneurs, managers and professionals...
Lommel, Belgium

Founded in 1970
English
Advocatenkantoor MIVECO, established in 1970, has been providing high-quality legal services to individuals and businesses in Limburg for over five decades. The firm specializes in various legal domains, with a particular focus on debt mediation and social law, including labor law and social...

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...
Leuven, Belgium

Founded in 2019
English
Impact Advocaten, established in February 2019, is Belgium's pioneering niche law firm dedicated to providing tailored legal services to not-for-profit associations, social businesses, and impact entrepreneurs. The firm offers comprehensive support throughout an organization's lifecycle, from...
Bloom Law
Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, Belgium

Founded in 2015
English
Bloom Law, established in 2015, is a Belgian niche law firm specializing in tax and social law. The firm offers comprehensive solutions for various legal challenges, assisting clients in both administrative and judicial proceedings. The team combines extensive practical experience with academic...

Founded in 2001
5 people in their team
English
A10 Legal Advocatenkantoor provides strategic corporate and commercial counsel to entrepreneurs and companies in Belgium. The firm focuses on business law and commercial practice, including contract drafting and negotiations, corporate governance matters, and securities issues, while addressing...
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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.