Best Wrongful Termination Lawyers in Hasselt

About Wrongful Termination Law in Hasselt, Belgium

Belgium does not have at-will employment. In Hasselt and across Belgium, an employer can end an employment contract only by following legal rules. Most employees can be dismissed with notice or with an indemnity in lieu of notice, but the dismissal must not be discriminatory, retaliatory, or manifestly unreasonable. In some situations employees benefit from special protection, and dismissals in breach of that protection can trigger additional compensation. Immediate dismissal for serious cause is possible only when strict conditions and short deadlines are met.

Wrongful termination is a broad term people use when a dismissal breaches Belgian labor law. Typical issues include lack of a valid reason, failure to follow the proper procedure, discrimination, retaliation after a complaint or whistleblowing, or illegal dismissal of a protected worker. Because Belgian law combines federal rules, collective bargaining agreements, and regional language requirements, getting early advice is important.

Why You May Need a Lawyer

Many employees can resolve matters directly with their employer or through a union. You should consider legal help if any of the following apply:

- You received no clear reason for your dismissal or suspect the real reason is different. - You were dismissed during pregnancy, maternity protection, parental or other thematic leave, or after making a complaint about discrimination, harassment, or safety. - Your employer claims serious cause and ended the contract immediately. - You believe the dismissal is manifestly unreasonable because there is no connection between your performance or conduct and the termination. - You work under a fixed-term or specific project contract and were let go early. - You were dismissed while ill or during or after a reintegration track and suspect the illness was the reason. - You are a union delegate or were a candidate in social elections, or you sit on a consultative body at work. - You have a non-compete or non-solicitation clause and need help negotiating a settlement. - You were offered a severance package and need it reviewed for tax, social security, and waiver clauses. - You face unemployment benefit questions or a possible sanction and need help with ONEM-RVA procedures.

Local Laws Overview

- Notice and indemnity: Most indefinite-term contracts can be ended with a written notice period or an indemnity in lieu of notice. Legal notice length depends mainly on seniority. For employees hired before 2014, a split calculation applies. If the employer opts for immediate termination without serving notice, it must pay a gross indemnity equal to the salary that would have been earned during the legal notice period, plus benefits that are part of pay. Vacation pay, year-end bonuses, and other prorated items may be due upon termination.

- Reasons for dismissal and CBA 109: Under national Collective Bargaining Agreement no. 109, an employee can ask the employer to provide the concrete reasons for the dismissal. If the employee makes a timely written request, the employer must reply within the legal timeframe. Failure to give reasons can lead to a civil penalty. If a dismissal is manifestly unreasonable, the employee can claim compensation between 3 and 17 weeks of remuneration, depending on the circumstances.

- Serious cause: Immediate dismissal for serious cause is allowed only for a grave fault that makes any professional collaboration impossible. The employer must act very quickly. Once the employer becomes aware of the facts, it must end the contract within a few working days and notify the reasons in writing within a short legal deadline. If the employer misses these deadlines or the facts do not qualify as serious cause, the dismissal can be challenged and the employee can claim the indemnity in lieu of notice and possibly other damages.

- Protected employees: Special rules apply to workers who are pregnant, on maternity protection, on parental or other thematic leave, on time credit, acting as union delegates, or elected or candidate representatives in social elections. Dismissing a protected worker without a legally valid reason or procedure can lead to substantial additional compensation on top of the ordinary notice indemnity.

- Discrimination and harassment: Belgian anti-discrimination laws prohibit dismissal based on protected criteria such as sex, gender identity, pregnancy, age, disability, origin, religion or belief, sexual orientation, part-time status, and others. Retaliation against someone who files a discrimination or harassment complaint is also forbidden. If the employee provides facts that suggest discrimination, the burden of proof can shift to the employer to show there was no discrimination. Specific damages can apply.

- Language rules in Hasselt: In Flanders, including Hasselt, social documents such as notice letters must be drafted in Dutch. Using the wrong language can cause legal issues and fines. Employers with operations in Hasselt should ensure all employment documents observe regional language laws.

- Fixed-term and temporary contracts: These contracts are governed by specific rules. Early termination is limited and may require serious cause or payment of a particular indemnity depending on the timing and contract terms. Seek advice before accepting or contesting an early termination of a fixed-term contract.

- Outplacement and career guidance: Employees entitled to a long notice or its indemnity equivalent may have a right to outplacement. The conditions depend on the length of the notice and personal situation.

- Unemployment benefits: Dismissed workers can apply for unemployment benefits through ONEM-RVA, with assistance from a payment institution. In some cases, a sanction can be imposed if the dismissal is considered to be due to fault. Legal advice can help avoid or contest sanctions.

- Time limits and procedure: Deadlines can be short. Requests for reasons under CBA 109 must be made in time. Evidence gathering should start immediately. Claims for compensation must be filed within statutory time limits. Proceedings are brought before the Labor Court of Limburg, section Hasselt, with appeals to the Labor Court of Appeal in Antwerp.

Frequently Asked Questions

What counts as wrongful termination in Belgium?

Any dismissal that breaches legal rules can be wrongful. That includes discriminatory or retaliatory dismissals, failure to respect notice rules, invalid serious-cause terminations, dismissals of protected employees without proper grounds or procedure, and dismissals that are manifestly unreasonable under CBA 109.

Do I have a right to know why I was dismissed?

Yes. Under CBA 109 you can request the concrete reasons for your dismissal within legal deadlines. If you ask in time and the employer does not answer correctly, a penalty can apply. Knowing the reasons helps assess whether the dismissal was lawful.

What is a manifestly unreasonable dismissal?

It is a dismissal that a normal and reasonable employer would not have decided, because there is no connection between the employee's capability or conduct and the needs of the business. If a court finds the dismissal manifestly unreasonable, it can award compensation between 3 and 17 weeks of salary.

Can I be dismissed while I am sick?

Yes, but not because you are sick. The employer cannot make illness itself the reason for dismissal. If the dismissal is linked to illness in a discriminatory way, you can claim damages. Separate rules apply to medical force majeure and reintegration tracks. Get advice if you are dismissed during or after a period of incapacity.

Is there probation in Belgium?

For standard indefinite-term contracts, the trial period was abolished in 2014. Limited trial clauses still exist for student and some temporary agency contracts. Even without probation, employers must still respect legal notice or indemnity rules.

What if I was dismissed for serious cause with immediate effect?

The employer must act and notify you within very short legal deadlines and specify the facts. If it fails to meet the deadlines or the facts do not amount to serious cause, you can claim the indemnity in lieu of notice and possibly other damages. Collect all documents and seek prompt legal help.

Can I resign and still claim compensation if the employer seriously breached the contract?

Yes. If the employer commits a grave fault, you may terminate for serious cause and claim compensation similar to what the employer would owe you if it had dismissed you without notice. Get legal advice before resigning to secure evidence and meet formalities.

How do language rules affect my dismissal in Hasselt?

Social documents must be in Dutch for employers established in the Dutch language region. A notice or termination letter in the wrong language can be invalid and can result in fines. Keep the envelope and letter to verify compliance.

What compensation might I receive?

Potential items include indemnity in lieu of notice, prorated vacation pay and year-end bonus, compensation for manifestly unreasonable dismissal, discrimination damages, and protective indemnities for special statuses. The exact amounts depend on your contract, seniority, pay, and the type of breach.

How fast should I act after being dismissed?

Quickly. Some steps have short deadlines, such as requesting reasons for dismissal. You should secure evidence immediately, seek advice, and apply for unemployment benefits without delay. Missing a deadline can limit your options.

Additional Resources

- Labor Court of Limburg, section Hasselt: handles employment disputes, including dismissal claims. - Federal Public Service Employment, Labour and Social Dialogue: publishes official guidance on dismissal, notice, and collective agreements. - ONEM-RVA: national unemployment office for benefits and sanctions. - VDAB Limburg: Flemish employment service for job search and outplacement follow-up. - Unia: Belgian equality body for discrimination issues. - Institute for the Equality of Women and Men: support for gender and pregnancy discrimination cases. - Social Inspection services: Toezicht op de Sociale Wetten for labor law enforcement. - Trade unions in Limburg: ACV-CSC, ABVV-FGTB, ACLVB-CGSLB provide assistance to members. - Bureau voor Juridische Bijstand Limburg: legal aid for those who qualify based on income. - Local bar association lawyer referral services in Limburg for employment law specialists.

Next Steps

- Write down a timeline: dates of events, meetings, warnings, evaluations, medical certificates, and the dismissal. Keep envelopes showing postal dates. - Collect documents: contract, addenda, pay slips, policies, emails, performance reviews, medical or occupational health notes, and any messages about your dismissal. - Ask for reasons: if you did not receive concrete reasons, consider sending a registered letter requesting reasons under CBA 109 within the legal deadlines. - Do not sign under pressure: do not sign a settlement, waiver, or resignation without legal review. Seemingly minor wording can affect compensation and unemployment rights. - Apply for unemployment: contact the appropriate bodies promptly to avoid gaps in benefits. Bring your C4 form and other termination documents. - Seek advice: consult an employment lawyer or your union. Ask about the strength of your case, compensation ranges, deadlines, and strategy. - Consider negotiation or mediation: many cases settle. A lawyer can value your claims, including notice indemnity, protective indemnities, discrimination damages, and outplacement. - Track deadlines: some claims have short limitation periods. Put key dates in your calendar and act early. - Mind language requirements: in Hasselt, ensure all formal communications are in Dutch unless a specific exception applies. - Protect your future: check non-compete and confidentiality obligations and plan your next job search accordingly.

This guide is informational. Your situation may involve facts or deadlines that change the outcome. If you believe your termination was unlawful, seek tailored legal advice as soon as possible.