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Do you wish to know the notice period and/or severance indemnity in case of dismissal? Then use our free practical PREAVIZ calculator.

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How can ALTIUS help you?

Employment law in Belgium is extremely technical and complicated. ALTIUS’ Employment team helps clients navigate through complex labour laws, offering integrated solutions for a wide range of day-to-day employment-related concerns, as well as for transactional and restructuring work.

We seek - by listening to you - to understand your business and the market in which you operate. This approach enables us to provide advice in a manner that is both practical and relevant for your business. We help our clients make appropriate, strategic choices in often challenging circumstances.

While our first objective is to help you anticipate - and prevent - legal risks, we also have extensive employment-related litigation experience.

Dismissal 101: A short introduction to dismissal

 Are you interested in more general information about employment dismissals in Belgium? If so, then we have prepared a short video that walks you through the different steps to take in the complex Belgian employment dismissal process. 

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Webinar: Help! I want to dismiss my employee

 Do you need more in-depth information? Watch or rewatch our webinar where Philippe De Wulf and Astrid Caporali go step-by-step through an HR-professional’s typical thought-process when considering dismissing someone.

 

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 HR Questions of the month

 Can an employer still apply a clause with a shortened notice period that was concluded before 1 January 2014 in case of dismissal  of a worker? Dutch - French

 Does an employer who dismisses an employee who has made a bullying complaint have to prove that the reasons for dismissal are unrelated to the content of that bullying complaint? Dutch - French

 Can the employment contract  be terminated on grounds of medical force majeure after an accident at work? Dutch - French

 Can a staff representative on the works council who has almost reached the legal retirement age (65 years) be dismissed with a shortened notice period of 26 weeks without having to comply with the procedures for prior recognition of the grounds for dismissal? Dutch - French

 Does the employer always have the right to refuse the job application leave of an employee who has already found a new job? Dutch - French

 Can the employer dismiss an employee who has reached retirement age with the payment of a severance pay corresponding to the salary of the "shortened" notice period? Dutch - French

 Does an employer risk paying two damages in case of discrimination based on motherhood and disability? Dutch - French

 Does a candidate who was not elected in the last social elections in 2016 benefit from the extended protection against dismissal based on the Act of 19 March 1991 if this candidate was also not elected in 2012 but succeeded a staff representative? Dutch - French

 Notice period already served during covid-19 temporary unemployment before entry into force of new law: does the employer now have to serve or pay the full notice period? Dutch - French

 Does the employee regain his right to a full severance payment (without deduction of 4 weeks' salary) if he has not given his employer notice of default to make him an outplacement offer within the statutory period? Dutch - French

 Can a company give notice to emloyees who have been placed on temporary lay-off due to force majeure though the simplified procedure following the covid-19 crisis? Dutch

Preaviz Blog

30/09/2021

ALTIUS introduces PREAVIZ, your online severance calculator!

In today’s digital world you often have to choose between accurate or easy-to-access information. But not with PREAVIZ, our brand new online severance calculator that helps you find the correct information in no time by calculating notice periods and severance indemnities!

PREAVIZ has been developed by the ALTIUS Employment team, so you can have the team’s knowledge at your fingertips and can get all the information you need to make an informed decision in just a few clicks using our website.

30/09/2021

WEBINAR VIDEO | Employment Webinar: Help! I want to dismiss my employee

ALTIUS employment lawyers, Philippe De Wulf and Astrid Caporali, present selected topics and new developments by going step-by-step through an HR-professional’s typical thought-process when considering dismissing someone.

10/12/2020

WEBINAR VIDEO | Help … am I still up-to-date with the current trends in labour law?

The end of the year is a time for looking back and looking ahead. 

We will certainly all remember 2020 as a year dominated by Covid-19, but there have also been other important developments in the field of labour and social security law that are having an impact on your day-to-day HR practice.

During this webinar, we guide you through the highlights of 2020 and give you a sneak peak into what is in the ‘pipeline’ for 2021 so that you start 2021 well prepared and fully informed.

17/11/2020

Attention points for retail sector employers considering dismissing employees for economic or technical reasons

As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons. Are you an employer within the retail sector? Then you should be aware that, in most Joint Committees belonging to the retail sector, Collective Bargaining Agreements have been entered into obliging the employer to first take measures to avoid dismissals and, if dismissals cannot be avoided, then to comply with a specific procedure. We have listed below the most important points for your attention.

11/06/2020

No retroactive suspension of the notice period in the event of 'corona' temporary unemployment

Updated on Monday 15 June- 2pm

Up until now, there has been no suspension of a notice period served upon an employee who has been made temporarily unemployed under the ‘corona’ regime. Such a notice period started during the corona temporary unemployment and continued to run during this period. Given, as a consequence, employers would be able to dismiss employees 'cheaply', a draft bill was submitted in Parliament to have the notice period suspended in the event of corona temporary unemployment. The draft bill was criticized as it provided for a retroactive application of this new rule. After having obtained the Council of State’s opinion, which stated that the law cannot have retroactive effect, the Chamber of Representatives has now voted for the law without retroactive effect. However, the new law does apply to notice periods served after 1 March 2020 for periods of corona temporary unemployment that fall after the entry into force of the law.

07/01/2020

Employers, be aware of the “hidden protection period” kick-off!

The “hidden protection period” is one of the most remarkable features of the social elections process. The hidden protection period is the period during which candidates already benefit from the specific dismissal protection, even though the candidate lists are only being disclosed to the employer 65 days later. Hence, there is a 65 days-gap during which an employer is not aware of an employee’s candidacy for the social elections and related dismissal protection, reason why it is highly recommended not to proceed with any dismissals during the hidden protection period to avoid a substantial financial liability.

Depending on your election date, the hidden protection period starts between 12 January and 25 January 2020.

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