Best Wrongful Termination Lawyers in Hasselt

About Wrongful Termination Law in Hasselt, Belgium

Wrongful termination in Belgium refers to a dismissal that breaches the Employment Contracts Act, applicable collective bargaining agreements, anti-discrimination legislation, or mandatory procedures. Although Hasselt is in Flanders, employment law is largely federal and applies the same throughout Belgium. A dismissal may be wrongful if it is discriminatory, retaliatory, not properly motivated, manifestly unreasonable, violates protected leave rules, ignores required notice formalities, or relies on alleged serious cause without respecting strict deadlines and proof standards.

Belgian law allows employers to end an open-ended contract either by giving a legally correct notice period or by paying an indemnity in lieu of notice. Fixed-term contracts and contracts for a specific task follow special rules. Employees are also protected in specific situations such as pregnancy, parental leave, trade union representation, whistleblowing under applicable statutes, and other legally protected statuses. Disputes are heard by the Labor Tribunal, with the competent court for Hasselt being part of the Limburg judicial district.

Why You May Need a Lawyer

A lawyer can help you understand whether your dismissal was lawful, what compensation you may be owed, and what deadlines apply. Common situations where legal help is valuable include dismissals that look discriminatory or retaliatory, terminations without clear reasons, alleged serious cause cases, early termination of fixed-term contracts, dismissals during sickness or protected leave, and complex pay packages where severance, bonuses, commissions, and company car valuation must be calculated correctly.

Legal counsel can request and assess the employer’s stated reasons, collect and present evidence, negotiate a settlement, calculate notice indemnity and any additional protection indemnities, and represent you before the Labor Tribunal if needed. A lawyer can also advise on non-compete and non-solicit clauses, confidentiality obligations, outplacement rights, and how a settlement might affect unemployment benefits and taxes.

Local Laws Overview

Notice and termination mechanics. For open-ended contracts, an employer can dismiss by giving a written notice with a legally correct notice period or by paying an indemnity in lieu equal to the notice that should have been observed. Notice must be given in writing via registered letter or bailiff’s writ, and the period typically starts on the Monday following the week in which the notice is sent. Since 2014, a unified notice system applies to most employees, with the length of the notice period tied to seniority.

Serious cause. An employer may terminate immediately without notice for serious cause, but strict rules apply. The dismissal must occur within a short window after the employer learns the facts, and the detailed reasons must be notified within very short deadlines measured in working days. Failure to meet these deadlines or to substantiate the serious cause can render the dismissal wrongful, entitling the employee to indemnities.

Motivation and manifestly unreasonable dismissal. Under Collective Bargaining Agreement No. 109, employees can request the reasons for their dismissal. If the employer fails to provide reasons in time, a penalty of two weeks’ wages may be due. If the dismissal is manifestly unreasonable given the employee’s conduct and performance versus the employer’s needs, the Labor Tribunal can award damages typically between three and seventeen weeks’ wages.

Anti-discrimination and protected statuses. Federal anti-discrimination laws prohibit dismissal based on protected criteria such as gender, pregnancy and childbirth, age, disability, religion or belief, race or ethnic origin, sexual orientation, and others. Dismissal linked to the exercise of certain rights, such as pregnancy and parental leave, can trigger protection indemnities, often around six months’ gross wages, in addition to other sums. Special protections also exist for employee representatives and certain whistleblowers under applicable statutes.

Fixed-term contracts. Early termination of a fixed-term contract is restricted. In many cases, early termination during the first half of the term may be possible with notice subject to a cap, while later termination may require an indemnity corresponding to the remaining term, subject to statutory caps and exceptions. Serious cause and force majeure are separate grounds that can end the contract immediately, each with strict conditions.

Sickness and incapacity. An employer cannot dismiss someone because they are sick, but a dismissal may occur for unrelated reasons during sick leave if the employer can show genuine grounds and follows proper rules. Long-term medical incapacity has specific procedures and safeguards. Terminating solely to avoid obligations is unlawful.

Outplacement and formalities on exit. Depending on the notice length and circumstances, the employer may have to offer outplacement. On termination, the employer must provide required social documents and pay outstanding wages, holiday pay, and other amounts due. Non-compete clauses are regulated and often subject to salary thresholds, time and geographic limits, and mandatory compensation to be valid, with special rules if the employer initiates the dismissal.

Local context in Hasselt. Labor disputes are handled by the Labor Tribunal for Limburg, with a seat in Hasselt. The working language is Dutch, and filings should respect local procedural rules. Flemish employment services such as VDAB operate locally, and unemployment benefits are administered federally through RVA, typically with assistance from a trade union or CAPAC.

Frequently Asked Questions

What counts as wrongful termination in Belgium?

A dismissal can be wrongful if it violates legal procedures, lacks a valid reason when reasons are requested, is manifestly unreasonable under CBA No. 109, is discriminatory or retaliatory, breaches protections around leave or union representation, mishandles fixed-term rules, or relies on serious cause without meeting strict deadlines and proof standards.

How do I request the reasons for my dismissal?

You may send a written, dated, and signed request to your employer, ideally by registered mail, asking for the specific reasons for your dismissal. Under CBA No. 109, there are short deadlines to request reasons. If notice is with immediate effect, request within two months of notification. If notice is to be worked, request within six months of notification but no later than two months after the contract ends. The employer then has a set period, typically two months, to reply.

What if my employer never gives reasons?

If the employer fails to provide reasons in time, a civil penalty of two weeks’ wages may apply. You may also bring a claim that the dismissal was manifestly unreasonable, which can lead to damages in addition to any notice indemnity or other sums owed.

What notice or severance am I entitled to?

For open-ended contracts, the notice period depends largely on your seniority according to statutory scales. If the employer ends the contract immediately, you are owed an indemnity equal to the notice that should have been observed, calculated on your gross remuneration including benefits with monetary value. Additional sums may be due where special protections apply.

Can I be fired while on sick leave?

An employer cannot dismiss you because you are sick, which would be discriminatory. However, dismissal during sick leave may occur for reasons unrelated to your health if the employer can justify the decision and follows the rules. Medical force majeure or long-term incapacity has a specific procedure. If you suspect your health status was the real reason, seek legal advice immediately.

What about pregnancy or parental leave?

Employees are protected against dismissal connected to pregnancy, maternity leave, birth leave, adoption leave, and parental leave. A dismissal linked to these statuses can trigger a protection indemnity, commonly around six months’ wages, on top of other amounts. Timing, documentation, and the employer’s stated reasons matter greatly.

What is serious cause and how is it used?

Serious cause is serious misconduct that makes continued collaboration immediately impossible. The employer must act quickly after learning the facts and must notify the reasons within very short deadlines. If the employer misses deadlines or cannot prove the facts, the dismissal can be invalid as a serious cause termination and you may claim indemnities.

I was on a fixed-term contract. Do different rules apply?

Yes. Fixed-term contracts generally cannot be ended early without consequences. In some cases, early termination during the first half of the term is possible with notice subject to a cap. Otherwise, the employer may owe an indemnity linked to the remaining term, subject to statutory caps. Serious cause and certain exceptional grounds can end the contract immediately. Get individualized advice because the calculation can be complex.

Do non-compete clauses still bind me if I was wrongfully dismissed?

Non-compete clauses are tightly regulated. They often require the employer to pay a specific non-compete compensation and must meet validity conditions on salary thresholds, geography, duration, and scope. Depending on who ended the contract and why, the clause may lapse or the employer may need to confirm or waive it within a short period. A lawyer can assess enforceability in your case.

How long do I have to file a claim?

Deadlines are short. Requests for reasons under CBA No. 109 follow two and six month windows, with an absolute latest of two months after the end of employment for worked notice cases. Many employment claims must be filed within one year after the end of the contract, subject to overall limits. Discrimination claims can have longer periods. Act quickly to avoid losing rights.

Additional Resources

Federal Public Service Employment, Labour and Social Dialogue for official guidance on dismissal rules and workplace rights. Social inspection services can handle complaints about serious breaches.

Labor Tribunal Limburg, seat Hasselt, for filing claims and obtaining procedural information about labor disputes.

VDAB for Flemish employment services, job search support, and training following dismissal.

RVA for unemployment benefits, with applications typically managed through your trade union or CAPAC.

Trade unions such as ACV, ABVV, and ACLVB for advice, representation, and assistance with unemployment filings and negotiations.

Unia for discrimination and equal treatment issues, and the Institute for the Equality of Women and Men for gender and pregnancy related cases.

Balie Limburg and Bureau voor Juridische Bijstand for referrals to local employment lawyers and information on legal aid if you qualify.

Next Steps

Write down a clear timeline. Note when you received notice, how it was delivered, what was said, and who was present. Keep all documents, including the termination letter, pay slips, bonus plans, company policies, medical certificates, and any emails that relate to performance, restructuring, or reasons given.

Request written reasons if appropriate. If you have not received reasons, consider sending a registered letter within the applicable CBA No. 109 deadlines. Keep proof of sending and delivery.

Do not rush to sign. Avoid signing settlement agreements, waivers, or acknowledgments before legal review. Signing too quickly can waive important rights or affect unemployment benefits.

Secure your income and benefits. Return company property as required, but list what you return and ask for receipts. Check final pay, holiday pay, and benefits. Contact your trade union or CAPAC promptly to initiate unemployment benefits. Register with VDAB within required time frames.

Consult a local employment lawyer. Bring your contract, termination letter, pay information, benefits details, and any correspondence. Ask for an assessment of notice or indemnity, potential protection indemnities, non-compete enforceability, and the strength of claims such as manifestly unreasonable dismissal or discrimination.

Consider resolution options. Many disputes settle through negotiation or mediation. If settlement is not feasible, your lawyer can file a claim with the Labor Tribunal in Limburg and guide you through evidence, witnesses, and hearing preparation.

Move quickly. Short procedural deadlines apply. Early legal advice in Hasselt can preserve your rights and often improves outcomes, whether through a negotiated exit package or a court award.