If you have been dismissed or suffered a dismissal in Belgium, it is important to understand your rights as an employee and what compensation you may be entitled to. Belgian labour law provides specific rules regarding notice periods, dismissal compensation and possible claims when a dismissal does not comply with the law.
In this guide, we explain how dismissal works in Belgium, how much compensation you may receive, and what you can do if you believe your dismissal is unjustified.
How does dismissal work in Belgium?
Dismissal in Belgium is mainly regulated by the Law of 3 July 1978 on employment contracts, as well as by various collective labour agreements and complementary regulations. Unlike in some other European countries, the Belgian system is considered relatively flexible. An employer can terminate an employment contract, provided that certain guarantees are respected, particularly regarding notice periods or compensation.
In practice, an employer may dismiss an employee by giving notice, by paying compensation in lieu of notice, or for serious misconduct. However, even though dismissal in Belgium is relatively flexible, it is not completely unrestricted. There are legal limits designed to protect employees. For example, a dismissal cannot be discriminatory. In addition, certain categories of workers benefit from enhanced protection, such as pregnant employees, employee representatives, or workers in certain situations of incapacity.
What is considered dismissal under Belgian labour law
Under Belgian labour law, dismissal refers to the unilateral decision of one of the parties — the employer — to terminate an employment contract. Dismissal therefore means the termination of the employment relationship before the employment contract would otherwise come to an end.
In practice, when a worker is dismissed in Belgium, the employer must notify the termination of the contract while respecting the formalities and deadlines established by law. In addition, the employer must provide the employee with a number of mandatory documents, such as the C4 form, which allows the worker to apply for unemployment benefits. It is important to distinguish dismissal from other situations that also bring the employment relationship to an end, such as the expiry of a fixed-term contract, the employee’s resignation, termination by mutual agreement, or the end of a contract following a probationary period.
Immediate dismissal for serious misconduct
Dismissal for serious misconduct is an exception to the ordinary dismissal regime in Belgium. In this situation, the employer may terminate the employment contract immediately and without notice or compensation, provided that a sufficiently serious fault exists that makes it impossible to continue the employment relationship. Belgian case law defines serious misconduct as behaviour by the employee that immediately and definitively makes the continuation of the employment relationship between the parties impossible.
Examples that may justify dismissal for serious misconduct include theft in the workplace, acts of violence or aggression, fraud or falsification, unjustified abandonment of the workplace, and serious breaches of professional obligations. However, dismissal for serious misconduct is subject to strict conditions. The employer must follow a specific procedure and comply with deadlines when communicating the decision. If these requirements are not respected, the dismissal may be considered irregular and may give rise to compensation payable to the employee.
What must an employer do to dismiss an employee in Belgium?
For a dismissal in Belgium to be lawful, the employer must comply with certain formalities and obligations provided mainly by the Law of 3 July 1978 on employment contracts.
Form of the dismissal notification
The way a dismissal is communicated depends on the type of termination of the employment contract. When the dismissal is carried out with notice, the law requires a formal written notification. This notification must be made either by registered letter or by service through a bailiff (huissier de justice). The notification must clearly indicate the length of the notice period and the date on which it begins. If the employer does not comply with these formalities, the notice may be considered invalid, which may oblige the employer to pay compensation.
Notice periods and applicable rules
In the case of dismissal with notice, the employer must respect a notice period, the length of which depends on the employee’s seniority within the company. Since the reform introducing the single status in Belgium, notice rules apply uniformly to both blue-collar and white-collar workers. The longer the employee’s seniority, the longer the notice period that the employer must respect.
During the notice period, the employee continues to work and receives their regular salary. The employer may also decide to release the employee from working during the notice period, while continuing to pay the salary. If the employer does not wish to maintain the contract during the notice period, they may instead choose to pay compensation in lieu of notice, equivalent to the salary corresponding to the notice period.
Delivery of mandatory documents | C4 and holiday certificate
At the end of the employment relationship, the employer is required to provide the employee with several documents confirming the termination of the contract. The main documents include:
C4 Form
This is the most important document following a dismissal in Belgium. The form states the reason for the termination of the contract and allows the employee to apply for unemployment benefits from the ONEM (National Employment Office).
Holiday certificate (attestation de vacances)
This document provides information about the vacation rights accumulated by the employee during the current year and allows the calculation of the corresponding holidays or compensation.
Final statement (décompte final)
This document summarizes all amounts owed to the employee at the end of the contract, such as outstanding salary, compensation in lieu of notice where applicable, compensation for unused holidays, etc.
What rights does an employee have after being dismissed in Belgium?
Among the main rights of an employee in the event of dismissal in Belgium are the right to a notice period or compensation in lieu of notice, access to unemployment benefits, and the possibility of challenging the dismissal if it does not comply with legal rules or if it is abusive (with possible compensation).
Notice period according to seniority
| Seniority in the company | Notice period |
|---|---|
| 0 – 3 months | 1 week |
| 3 – 6 months | 3 weeks |
| 6 – 9 months | 6 weeks |
| 9 – 12 months | 7 weeks |
| 12 – 15 months | 8 weeks |
| 15 – 18 months | 9 weeks |
| 18 – 21 months | 10 weeks |
| 21 – 24 months | 11 weeks |
| 2 – 3 years | 12 weeks |
| 3 – 4 years | 13 weeks |
| 4 – 5 years | 15 weeks |
| 5 – 6 years | 18 weeks |
| 6 – 7 years | 21 weeks |
| 7 – 8 years | 24 weeks |
| 8 – 9 years | 27 weeks |
| 9 – 10 years | 30 weeks |
| 10 – 11 years | 33 weeks |
| 11 – 12 years | 36 weeks |
| 12 – 13 years | 39 weeks |
| 13 – 14 years | 42 weeks |
| 14 – 15 years | 45 weeks |
| 15 – 16 years | 48 weeks |
| 16 – 17 years | 51 weeks |
| 17 – 18 years | 54 weeks |
| 18 – 19 years | 57 weeks |
| 19 – 20 years | 60 weeks |
If the employer decides to terminate the contract immediately, without respecting the notice period, the employee is entitled to compensation in lieu of notice. This compensation corresponds to the salary the employee would have received during the notice period if the contract had continued. To calculate this compensation, both the gross salary and additional benefits (such as a company car, bonuses, or premiums) are taken into account.
Right to unemployment benefits (depending on the situation)
After a dismissal in Belgium, the employee may be entitled to unemployment benefits, administered by the ONEM (National Employment Office). To access unemployment benefits, the employee must have worked a minimum number of days within a certain period, register as a job seeker, and submit the required documents, particularly the C4 form provided by the employer. However, access to unemployment benefits may be affected in certain cases, for example when the employee resigns voluntarily or when the dismissal occurs due to serious misconduct.
Irregular or abusive dismissal
An employee dismissed in Belgium also has the right to challenge the dismissal before the labour court if they believe it does not comply with the law. There are several situations in which a dismissal may be contested, for example when the dismissal is unjustified, there is discrimination, a specific protection regime is violated (pregnancy, illness, employee representatives, etc.), or the employer has failed to comply with the legal formalities for dismissal.
How much compensation do you receive if you are dismissed in Belgium?
One of the first questions employees ask after a dismissal is how much money they are entitled to receive. In Belgium, the answer mainly depends on three factors: seniority in the company, the salary used as the basis for calculation, and the way the dismissal occurs. Below we explain how each of these elements is calculated.
How the notice period is calculated
The notice period mainly depends on the employee’s seniority within the company. Belgian legislation establishes a scale of notice periods in weeks that increase progressively with seniority. For example:
- between 2 and 3 years of seniority → 12 weeks of notice
- between 5 and 6 years → 18 weeks
- between 9 and 10 years → 30 weeks
- between 10 and 11 years → 33 weeks
- From 20 years of seniority, the notice period increases by 3 additional weeks for each extra year worked.
💡 Practical example: Imagine an employee with 3 and a half years of seniority. According to the legal table, the notice period would be 13 weeks. If the employer decides that the employee continues working during the notice period, the contract will end at the end of those 13 weeks.
How dismissal compensation is calculated
If the employer decides to terminate the contract immediately, they must pay compensation in lieu of notice. This compensation corresponds to the salary the employee would have received during the notice period. To calculate it, the weekly salary is usually used. In Belgium it is calculated as follows: Weekly salary = monthly salary × 3 / 13. The result is then multiplied by the number of weeks of notice that would have applied.
💡 Practical example: An employee earns €3,000 gross per month and is entitled to 12 weeks of notice. Weekly salary calculation 3,000 × 3 / 13 = €692.30. Compensation calculation: €692.30 × 12 = €8,307.60 gross. This would be the approximate amount of dismissal compensation, before taxes and social security contributions.
Which salary is taken into account
To calculate dismissal compensation, not only the fixed monthly salary is considered. Other elements that form part of the employee’s regular remuneration may also be included. These usually include:
- fixed gross salary
- recurring bonuses or premiums
- sales commissions
- extra-legal benefits (for example a company car or certain contractual benefits)
However, simple reimbursement of professional expenses is not included in the calculation basis. When part of the salary is variable, the law generally provides that the average of the last 12 months should be taken into account.
💡 Practical example: A sales employee earns fixed salary: €2,500, and average monthly commissions: €800. The reference salary used to calculate compensation would be approximately €3,300 per month, not only the fixed salary.
Situations where additional amounts may be due
In addition to the notice period or compensation in lieu of notice, a dismissed employee may be entitled to other additional amounts. The most common include unused holidays, which must be paid at the end of the contract, bonuses or premiums already accrued, according to the contract or company policy, outstanding salary included in the final settlement. Additional compensation may also exist if the dismissal is considered irregular. For example, in Belgium an employee may claim additional compensation if the dismissal is considered manifestly unreasonable, which may lead to compensation of between 3 and 17 weeks of salary.
💡 Practical example: An employee with 5 years of seniority is entitled to 18 weeks of notice compensation. However, if the employee also has 2 weeks of unused holidays and manages to prove that the dismissal was manifestly unreasonable.
In that case, the final amount may include severance pay, payment for accrued vacation time, and additional compensation for wrongful termination. As a result, two employees with the same length of service may not receive exactly the same severance pay, since the final amount depends on multiple factors.
Can a dismissal be challenged in Belgium?
An employee can challenge a dismissal in Belgium when they believe that the employer has not respected the law, that the dismissal is abusive, or that it violates fundamental rights. In such cases, the employee may file a claim before the Labour Court and request compensation or recognition that the dismissal was irregular. Below are the most common situations in which a dismissal can be challenged.
When a dismissal may be irregular
An irregular dismissal in Belgium occurs when the employer fails to comply with the legal rules governing the termination of an employment contract. This may happen, for example, when the notice period is not respected and the corresponding compensation is not paid, the formal requirements for notifying the dismissal are not followed, or the mandatory documents are not provided (such as the C4 form). In these situations, the employee may bring a claim before the labour court to obtain payment of the compensation owed or to seek redress for the harm suffered.
💡 Practical example: An employee with 6 years of seniority should receive 18 weeks of notice. However, the employer only pays 10 weeks. In this case, the employee may claim in court the remaining 8 weeks of compensation.
“Manifestly unreasonable” dismissal
A manifestly unreasonable dismissal is one of the most common grounds for challenging a dismissal in Belgium. A dismissal is considered manifestly unreasonable when it is not based on the employee’s conduct or on the operational needs of the company, and no reasonable employer would have made the same decision under similar circumstances. This concept is regulated by Collective Labour Agreement (CLA) No. 109. If the court finds that the dismissal is manifestly unreasonable, the employee may be awarded additional compensation ranging from 3 to 17 weeks of salary.
💡 Practical example: A company dismisses an employee with 10 years of seniority, good performance, and no disciplinary issues, without providing any explanation and without any restructuring or economic reason. If the employer cannot justify the decision, the court could consider the dismissal manifestly unreasonable.
Discriminatory dismissal or retaliation
A dismissal may also be illegal when it is based on discriminatory grounds or constitutes retaliation against the employee. Belgian legislation prohibits dismissing an employee for reasons such as sex or pregnancy, age, origin or nationality, religion or beliefs, health condition or disability and sexual orientation. Retaliation may also occur when an employee has exercised certain rights, such as reporting irregularities within the company, filing a labour complaint, or requesting certain legal protections or leave.
💡 Practical example: If an employee informs the company that she is pregnant and is dismissed shortly afterwards without justification, the court may consider the dismissal discriminatory, which can lead to compensation.
Time limits to bring a claim
Time limits may vary depending on the type of claim, but in many cases the employee has up to one year from the date of dismissal to initiate proceedings before the labour court. However, in practice it is advisable to seek legal advice as soon as possible to analyse the specific circumstances of the case.
What happens if my employer changes while my contract is still in force?
In Belgium, a simple change of employer does not automatically terminate the employment contract. When there is a transfer of an undertaking—for example in the case of a sale of the business, merger, absorption, or a change in the legal structure—the employment contract is automatically transferred to the new employer. The employee does not need to sign a new contract for the employment relationship to continue. In principle, the seniority, duties, salary, and other working conditions remain the same. The transfer of a company by itself does not constitute a valid ground for dismissal. However, if the new employer modifies an element of the employment contract, the employee may claim that the change amounts to a termination attributable to the employer.
Practical cases of dismissal in Belgium
In our practice as lawyers in Belgium, we frequently see dismissal situations that raise many questions for employees. Although every case is different, certain scenarios appear repeatedly. Below are some examples based on situations we have handled at our firm, which help illustrate how dismissal works in Belgium in practice.
Dismissal during sick leave
In several cases we have advised employees who were dismissed while they were on sick leave. In Belgium, a dismissal cannot be based on the illness itself. For example, we represented an employee who was dismissed during a period of long-term incapacity, where the company claimed that the decision was due to internal reorganization. In these situations, we analyse whether the dismissal is genuinely based on organizational or economic reasons, or whether it may constitute discrimination based on the employee’s health condition.
Dismissal during pregnancy or maternity
We have also intervened in cases involving the dismissal of pregnant employees. Belgian law provides specific protection, meaning that an employer cannot dismiss an employee because of pregnancy or maternity. In one of our cases, an employee was dismissed shortly after informing the company of her pregnancy. After analysing the case, it became clear that the company could not justify an objective reason for the dismissal, which allowed us to claim additional compensation.
Dismissal of an employee with a fixed-term contract
Another common situation is the early termination of fixed-term contracts. In several cases we handled, the employer decided to terminate a temporary contract before the agreed end date without alleging serious misconduct. In these circumstances, the employee may be entitled to compensation equivalent to the salary that would have been earned until the end of the contract, subject to certain legal limits.
Dismissal of foreign or expatriate workers
In Brussels and other Belgian cities it is very common to find foreign or expatriate workers, and we have also handled many dismissal cases involving this profile. From an employment law perspective, these workers have the same rights as Belgian employees. However, dismissal may have additional consequences when the residence permit is linked to employment, which means that the employee’s immigration status must also be analysed. We also assist European officials working in EU institutions.
Change of employer, transfer of undertaking and continuity of the contract
Another situation we often see occurs when a company changes ownership or transfers its activities. Many employees believe that their contract automatically ends in such cases. However, Belgian law provides that when there is a transfer of undertaking, employment contracts are automatically transferred to the new employer, generally maintaining the employee’s seniority and working conditions. In these cases, we analyse whether there is truly a legal transfer of undertaking, or whether the employer is attempting to use the transaction as a justification for dismissal.
What to do if you have been dismissed in Belgium (and mistakes to avoid)
When an employee is dismissed in Belgium, the first days after the dismissal can make a big difference. Many people immediately accept the conditions proposed by the employer or sign documents without checking whether the dismissal complies with Belgian labour law. In our practice, we often see employees lose rights simply because they did not verify certain elements. An error in the notice calculation, a document signed too quickly, or a missed deadline to make a claim can have important financial consequences. Below, we list some recommended steps to take after a dismissal.
Do not sign documents without reviewing them
One of the most common mistakes after a dismissal is signing documents immediately without reviewing them first. In many cases, employees are presented with documents such as termination agreements or acceptance of compensation. Signing these documents without checking them may mean giving up the right to later claim certain amounts.
💡 Practical example: We have seen cases where an employee signed acceptance of the compensation proposed by the company and later discovered that the notice calculation was incorrect. For this reason, it is advisable not to sign any important document without reviewing it first or without legal advice.
Check the dates, salary and seniority
The calculation of dismissal rights in Belgium depends largely on the employee’s seniority and reference salary. A small error in this information can change the amount of compensation. It is important to check the contract start date, the exact length of seniority, the gross salary used for the calculation, and whether bonuses or salary-related benefits have been included.
💡 Practical example: An employee with 5 years and 11 months of seniority may be entitled to 18 weeks of notice, while with 6 full years a longer notice period may apply. That is why the dates must be checked carefully.
Request and keep all employment documents
After a dismissal in Belgium, the employer must provide several mandatory documents. These documents are necessary, for example, to access unemployment benefits. The main documents include the C4 form, the holiday certificate, the final settlement statement, and the latest payslips. It is advisable to keep all these documents, as they may be needed later if the employee decides to challenge the dismissal or review the compensation calculation.
Always ask for the reasons for the dismissal
Although the employer is not automatically required to justify the dismissal, the employee can formally request the reasons for it. Knowing the reasons given by the employer makes it possible to assess whether the dismissal may be manifestly unreasonable or whether there are grounds to challenge it. In our experience, requesting these explanations is often an important step before starting any claim.
Do you need help reviewing your dismissal in Belgium?
If you have been dismissed in Belgium and have doubts about whether the dismissal is lawful or whether the compensation offered is correct, it may be advisable to review the situation with a professional. At our firm, we analyse dismissal cases involving workers in Belgium, both local employees and international or expatriate workers. In many cases, we identify errors in the calculation of notice periods, incomplete compensation, or situations in which the dismissal may be challenged.
We can assist you, among other things, reviewing the dismissal letter and verifying whether the legal formalities have been respected, analysing the C4 form and the documents provided by the employer, checking whether the notice period or compensation calculation is correct, evaluating whether the dismissal could be considered manifestly unreasonable or discriminatory, assisting you in negotiations with the employer, or representing you before the Labour Court in Belgium.
At Arthur & Marin, we regularly advise employees and companies on labour law matters in Belgium, including posting of workers, dismissals, compensation calculations, employment disputes, and proceedings before the labour courts.
Contact us by email at info@arthurmarin.com or by phone at +32 465 345 345 for more information about labour law in Belgium.
💡 Our team can assist you in several languages and support you throughout the entire process.
