Obligation To Provide Reason For Dismissal As Of 1 April 2014

 
FREE EXCERPT

On 12 February 2014, the social stakeholders concluded Collective Bargaining Agreement No 109 regarding the obligation to provide a reason for dismissal (CAO nr. 109 betreffende de motivering van het ontslag CCT N° 109 concernant la motivation du licenciement) ("CBA 109").

CBA 109 applies to all dismissals as of 1 April 2014, except for workers who are dismissed:

during the first six months of their employment (prior and consecutive employment contracts for definite duration or temporary agency work for an identical function with the same employer are taken into account to determine the first six months of employment); during an employment contract for temporary agency work; during an employment contract for students; in the framework of unemployment with company surcharges; to terminate an employment contract for indefinite duration as from the first day of the month following the month in which the employee reaches the legal pension age; in the framework of a definitive cessation of the activities; in the framework of a company closure; in the framework of a collective dismissal; if a specific dismissal procedure must be respected based on a law or CBA (candidate works council, member works council, etc.); in the framework of multiple dismissals as defined on sector level. The employees are entitled to know the reason for their dismissal.

The employee can request the reason for his/her dismissal by registered letter within two months after the employment contract ended. If the employment contract is terminated with a notice period, the request must be made within 6 months after the notification of the notice (day on which the notification takes effect) and without exceeding the two month period from the end of the employment contract.

As from the third working day after the sending of the registered letter, the employer has two months to provide the reason for dismissal to the employee by registered letter. The registered letter should contain all elements which allow the employee to know the exact reason for his/her dismissal.

However, the employer who already informed the employee of the reason for his/her dismissal (e.g. in the termination letter) is not obliged to reply to the request of the employee, if the information supplied allows the employee to know the exact reason for his/her dismissal.

If the employer does not provide a reason for dismissal, the employee is entitled to two weeks' additional severance pay.

The employee is...

To continue reading

REQUEST YOUR TRIAL