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Wrongful termination is commonly referred to in Belgium as unfair or manifestly unreasonable dismissal. Employment law is mainly federal, which means the rules that apply in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe are the same as in the rest of the country, but procedures play out locally before the Brussels Labour Court. Belgian law allows employers to end an employment contract, but they must respect strict rules about notice, compensation, protected statuses, and the right of the employee to know why the dismissal occurred. When those rules are not respected, the employee can seek compensation or reinstatement in limited cases.
Since 2014, employers must be able to state objective reasons for a dismissal and, if asked in time, must provide those reasons in writing. If a dismissal is found to be manifestly unreasonable, the employee may be entitled to additional damages on top of any notice pay. Anti-discrimination, maternity, union representation and other protections can trigger further penalties if breached. Local practice in Brussels is bilingual French-Dutch, and proceedings and documents may be provided in either language.
Employment disputes move quickly in Belgium and involve short deadlines, technical rules, and important financial consequences. A lawyer can help you understand your rights, protect evidence, meet deadlines, and negotiate a fair outcome. Typical situations where legal help is valuable include being dismissed without clear reasons, receiving a notice period that seems too short, being terminated while on maternity, parental or sick leave, experiencing discrimination or retaliation, being a protected employee representative, facing a non-compete dispute at the time of termination, or being let go during restructuring or collective redundancies.
Legal counsel can also calculate the correct notice pay, assess eligibility for additional damages, advise on unemployment benefits steps, communicate with your employer, represent you in conciliation before the labour court, and bring a formal claim when necessary. If you work in Brussels on a work permit or single permit, legal advice is especially important because termination can have residence and permit implications.
Employment Contracts Act of 3 July 1978. This is the backbone of Belgian dismissal law. It governs notice, dismissal for serious cause, fixed-term contracts, student and temporary work rules, and many day-to-day termination issues.
Collective Bargaining Agreement no. 109 on the motivation of dismissal. Employees have the right to request the written reasons for their dismissal. If the employer fails to provide reasons on time, a civil penalty may apply. If the dismissal is manifestly unreasonable, the court can award additional damages, typically between 3 and 17 weeks of remuneration depending on the circumstances.
Unified notice period system. For open-ended contracts, notice periods for dismissals by the employer are expressed in weeks and depend on seniority. Employers can either have the employee work the notice or pay an indemnity in lieu of notice. The amounts can be substantial after several years of service.
Dismissal for serious cause. Termination without notice is only allowed for serious cause. Strict and very short deadlines apply to notify the dismissal and to communicate or request the reasons, often measured in working days. Missing these deadlines can invalidate the serious-cause justification.
Protected employees. Extra protection applies to certain categories, including pregnant employees and employees on maternity or parental leave, employee representatives in the works council or health and safety committee, employees who filed harassment or discrimination complaints, and workers on career break or time credit. Breaches can trigger fixed indemnities in addition to notice pay.
Anti-discrimination rules. Federal anti-discrimination laws prohibit dismissals based on protected criteria such as sex, pregnancy, age, origin, disability, religion, sexual orientation, and more. If discrimination is established, specific lump-sum damages or full compensation for loss can be awarded.
Collective redundancies and company closure. Special information and consultation procedures apply to mass layoffs or closures under the Renault law. Failure to follow the process can lead to sanctions and liability.
Outplacement. Employees with long notice periods or equivalent indemnities often have a right to outplacement assistance paid by the employer. Accepting or organizing outplacement has procedural consequences, so seek advice early.
Social documents at termination. On leaving, you should receive key documents for unemployment and tax purposes, including the C4 form and certificates related to holidays and pay.
Brussels practice. In Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, cases are brought before the Brussels Labour Court. Communication and hearings can be in French or Dutch. Many employers in Brussels operate bilingually, so ensure you receive and understand your documents in a language you can follow.
A dismissal is wrongful if it violates legal protections or procedures, such as discriminatory or retaliatory motives, failure to provide proper notice or indemnity in lieu, breach of protected status, or if it is manifestly unreasonable under CBA no. 109 because the reasons have no link to capability or conduct or are not what a normal employer would decide.
Yes. Under CBA no. 109, you can ask your employer for the written reasons. Send a registered letter within 2 months after the notification of dismissal, or if you are serving a notice period, within 6 months after notification but no later than 2 months after your contract ends. The employer must reply within 2 months of receiving your request.
If the employer does not provide reasons on time, a civil penalty equal to 2 weeks of remuneration may be due. Separately, if you challenge the dismissal as manifestly unreasonable, the court will assess whether the decision was justified and may award 3 to 17 weeks of additional damages.
Notice periods are set in weeks and depend on your seniority. If the employer prefers immediate termination, you receive an indemnity in lieu of notice equal to your salary and usual benefits for the notice period. The exact calculation can be complex and depends on your remuneration package and length of service, so have a professional compute it.
An employer can dismiss during sickness or leave, but not because of it. If the dismissal is linked to protected situations such as pregnancy, maternity, or parental leave, additional fixed indemnities may be owed on top of notice pay. Courts scrutinize these cases closely.
Keep the dismissal letter and any emails or messages. Note dates and names of conversations. Consider sending a timely registered letter requesting the reasons. Check the notice period or indemnity calculation. Register with the regional employment service for unemployment steps. Contact a lawyer or your union quickly because several deadlines are short.
Non-compete clauses in Belgium are subject to strict validity conditions and often require employer payment to be enforceable. Termination may affect whether the clause applies. Do not assume it is valid or invalid without advice. Confidentiality obligations generally continue after termination.
Most cases start with negotiation or conciliation. If no agreement is reached, your lawyer can file a claim with the Brussels Labour Court. The court can hold a conciliation hearing and then proceed to judgment. Deadlines to bring claims can be short, often around one year or less depending on the issue, so act quickly.
Yes. Ending a fixed-term or specific-task contract early without serious cause can trigger special indemnities that may be significant. Temporary agency work and student jobs have their own rules. Consult a lawyer to avoid missing remedies unique to these contracts.
If you hold a single permit or another work-authorizing status tied to your employer, termination can have immigration implications. Seek advice immediately about notifying authorities, deadlines, and options to remain and work in Belgium, especially in Brussels where many expats are employed.
Brussels Labour Court - Tribunal du travail de Bruxelles - Arbeidsrechtbank Brussel. The local court that hears employment disputes for Woluwe-Saint-Pierre - Sint-Pieters-Woluwe.
Federal Public Service Employment - SPF Emploi - FOD Werkgelegenheid. Publishes guidance on dismissal, notice, and workplace rights.
National Employment Office - ONEM - RVA. Handles unemployment benefits. You can apply through a trade union paying agency or the public paying agency CAPAC - HVW.
Actiris. The Brussels regional employment service that manages registrations for job seekers and offers support after dismissal.
Unia. The independent public body that assists with discrimination issues, including discriminatory dismissal.
Institute for the Equality of Women and Men - Institut pour l’égalité des femmes et des hommes - Instituut voor de gelijkheid van vrouwen en mannen. Assists with sex and gender based discrimination including pregnancy related dismissal.
Trade unions. CSC - ACV, FGTB - ABVV, and CGSLB - ACLVB offer legal help, representation, and unemployment benefit processing for members.
Social Inspectorate - Contrôle des lois sociales - Toezicht op de sociale wetten. Can receive complaints about breaches of labour law.
Local bar associations. Ordre français du barreau de Bruxelles and Nederlandse Orde van Advocaten bij de Balie te Brussel can help you find an employment lawyer.
Collect your documents. Keep the dismissal letter, pay slips, contract, bonus plans, emails, and any performance reviews. Write down a timeline of key events.
Request the reasons. If the dismissal letter does not explain why, send a registered letter within the applicable deadlines to request the written reasons under CBA no. 109.
Check the math. Have a professional verify your notice period or indemnity in lieu, unused holidays, bonus prorations, company car valuation, and outplacement rights.
Assess protections. Determine whether you are in a protected category or whether discrimination, retaliation, or serious-cause issues are present. This affects available remedies and strategy.
Register for unemployment. Contact Actiris promptly and file your claim with ONEM - RVA through your union or CAPAC - HVW to avoid delays in benefits.
Seek legal advice. Contact a Brussels employment lawyer or your union for an assessment. Many offer an initial consultation to evaluate deadlines, evidence, and negotiation options.
Consider conciliation. The Brussels Labour Court offers conciliation, which can resolve cases quickly. If needed, your lawyer will file a claim to preserve your rights within the limitation periods.
Act quickly. Several rights in dismissal cases depend on short deadlines measured in days, weeks, or a few months. Early action improves your chances of a favorable outcome.
