Since April 1, 2014, dismissal law in Belgium has become significantly more transparent thanks to the Collective Labor Agreement (CBA) No. 109. This agreement gives employees the right to know the reasons for their dismissal, which promotes fairness and clarity in the dismissal process. The purpose of this scheme is to prevent arbitrary dismissals and ensure that employers properly substantiate their decisions. Collective Labor Agreement No. 109 is therefore an important step towards more transparency and fairness on the Belgian labor market. I would like to briefly explain to you what this means:
Scope of application
Collective Labor Agreement No. 109 applies to all private sector employees and employers bound by an employment contract.
It applies to dismissal for urgent reasons as well as dismissal with notice period or compensation.
The rules regarding the reasons for dismissal do not apply to employees who are dismissed:
during the first 6 months of employment;
during an employment contract for temporary employment;
during an employment contract for student work;
with a view to an unemployment system with company allowance (SWT);
to terminate the employment contract concluded for an indefinite period from the 1st day of the month following the month in which the employee reaches the statutory retirement age;
due to the permanent cessation of the activity;
in the context of a collective dismissal;
for an urgent reason.
Right to information
A dismissed employee has the right to know the reasons for his dismissal.
A special procedure must be followed to gain knowledge of the reasons. I will explain this to you clearly and clearly below.
Request for reasons
The employee must send his/her request by registered letter to the employer within the following periods:
when the employer terminates the agreement with payment of a termination fee, within a period of 2 months after the employment contract has ended;
when the agreement is terminated by the employer with due observance of a notice period within 6 months after notification of the dismissal, with a maximum of 2 months after the effective end of the employment contract. The employee with more than 6 months' notice must submit his request before the end of his agreement.
Communicate the reasons
The employer is then obliged to inform the employee by registered letter of the elements that allow him to know the concrete reasons that led to his dismissal.
The notion of 'concrete reasons' has not been defined, but one should nevertheless be aware of the following points:
an overly general or abstract motivation (e.g. economic difficulties, incompetence);
vague and impersonal motives;
stereotype;
unclear or universal wording (e.g. "is not suitable", "does not sufficiently meet the job requirements").
Sanctions
If an employer does not respond to the employee's request or does not provide adequate reasons, he may be liable to pay an additional lump sum compensation equal to two weeks' wages. This compensation is in addition to the normal severance payment or term.
If the employee believes that the dismissal is manifestly unreasonable, he can challenge this in the labor court. A dismissal is considered manifestly unreasonable if it is based on reasons that are not related to the employee's performance or behavior or if it is not based on the needs of the company. The judge can then award compensation ranging from 3 to 17 weeks' wages, depending on the circumstances.
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