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Employment Termination in Belgium

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Termination process

Workers can have their employment terminated by the employer, provided there are fair grounds for dismissal provided. These include:

  • Employee's capability or qualifications for performing work of the kind the employee was employed to do
  • Employee conduct
  • Employee retirement
  • Employee redundancy
  • Employee inability to continue working in a position without contravening statutory duty or restriction
  • Other substantial reasons justifying dismissal

Terminations are only considered lawful when they’re due to factors regarding employee capability or an employer’s need to retain a worker’s services.

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Notice period

In Belgium, the notice period required varies based on the length of employment:

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Severance pay
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Probation periods

There is no probation period in Belgium. Probation cannot be added in the employment agreement, it has no legal value.The normal dismissal procedures should be used during the beginning of the employment contract, with the specificity that the employee does not have the right to request the communication of the reason for the dismissal if the dismissal takes place within 6 months after the start of the employment contract. He will also not be entitled to an outplacement offer. The termination of the work agreement can be initiated by the employer (in which case a notice period and an indemnity is due to the employee), by the employee (a notice period is due to the employer) or by on a mutual agreement.