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Hiring and firing (employment termination) law in Leuven operates under the framework of Belgian labor legislation. As a city within the Flemish Region, Leuven adheres to national employment laws that regulate the rights and obligations of both employers and employees. Hiring practices are governed by anti-discrimination laws, contract formalities, and social security requirements. Firing an employee must comply with specific rules regarding notice periods, severance pay, valid grounds for dismissal, and procedures for challenging unfair dismissal.
Seeking legal advice in matters of hiring and firing can be critical for both employers and employees. Common situations where legal assistance may be needed include negotiating employment contracts, dealing with alleged wrongful dismissal, addressing cases of workplace discrimination or harassment, interpreting the terms of a collective bargaining agreement, understanding notice period obligations, and navigating disputes regarding severance pay or social security. A lawyer can ensure compliance with complex rules and represent clients’ interests in negotiations or proceedings before the labor courts.
Belgian labor law distinguishes between blue-collar and white-collar employees, with separate rules for each group-though these differences are being reduced over time. Key regulations that affect hiring and firing in Leuven include:
Employers must provide a written employment contract, register the employee with the social security system (Dimona declaration), and pay attention to any applicable collective bargaining agreements.
A fixed-term contract can only be terminated early under exceptional circumstances (serious misconduct) or with mutual agreement. Otherwise, compensation may be due.
Notice periods vary based on the employee’s seniority and status. Since 2014, harmonized notice periods apply to most workers-for example, a few weeks for those with less than a year’s service, up to several months for long-serving employees.
Employers are required to provide the reason for dismissal if the employee requests it in writing within two months of the termination notice.
Dismissal is deemed unfair if no valid or serious reason is provided, or if it is based on discriminatory grounds or retaliation (for example, whistleblowing).
Yes. Employees on maternity, parental, or sick leave, as well as union delegates, enjoy enhanced protection against dismissal. Termination in these cases is only allowed under very strict conditions.
Severance pay depends on the reason for dismissal and the applicable notice period. If no notice is given, the employer must compensate the employee an equivalent of the notice period’s pay.
Employees can file a complaint with the local labor court (Arbeidsrechtbank) within a specific timeframe after dismissal. Legal advice is highly recommended to navigate the procedure.
Employees can make a claim before the labor court and may also contact the social inspection service or mediation bodies for help in recovering amounts due.
Trial periods have been abolished for most fixed-term and permanent contracts since 2014, but certain exceptions remain for student or temporary agency work.
If you need further information or support about hiring and firing laws in Leuven, consider the following organizations and resources:
If you are facing a hiring or firing issue in Leuven:
Prompt action is important as employment claims are often subject to strict deadlines. Consulting a qualified legal professional will help protect your interests and guide you through the process efficiently.
