TERMINATION: BENELUX LABOUR LAW Flashcards
(20 cards)
Q: How do I know which rules to use to calculate the notice period?
A:
Contract started before 01/01/2014 → Use Step 1 + Step 2
Contract started after 01/01/2014 → Use Step 2 only
🧠 Blue collar workers might also need Step 3
How is the notice period calculated for white-collar employees before 2014?
Depends on annual salary (as of 31/12/2013):
Q: How is the notice period calculated for blue-collar workers before 2014?
Varies by seniority and when contract started:
Q: When does the notice period start?
A:
The Monday after the week notice is given.
If by letter, send it by Wednesday latest (to count that week).
Q: When is the employer required to offer outplacement?
If notice period is 30 weeks or more, or
If employee is 45+ years old (old rule), and at least 1 year seniority.
Employee gets 1 full day (or 2 half days) per week off for job search.
Is the notice period different for employees reaching retirement age?
Yes – a shorter period applies:
✅ 6 months (26 weeks) max
How to calculate 1 week of salary?
Multiply monthly salary by 3 (for a quarter),
Then divide by 13 = 1 week’s pay.
Q: What does “ER” mean?
ER = Employer
The person or company who hires and pays the employee.
What does “EE” mean?
EE = Employee
The person who works for the employer under a contract.
Q: What does “EC” mean?
EC = Employment Contract
The legal agreement between the employer and employee, explaining rights, duties, and conditions.
What is “seniority”?
The total amount of time the employee has worked for the same employer.
🧠 It affects the length of the notice period.
What is a “notice period”?
The time between giving notice of termination and the actual end of the job.
🧠 It must be worked (or paid if not worked).
What is “outplacement”?
Support offered to dismissed employees to help them find a new job (e.g. training, coaching, CV help).
What is a “counter-notice”?
When an employee gives notice during the employer’s notice period (e.g., quits before it ends).
What does “termination by ER” or “termination by EE” mean?
Termination by ER = Employer ends the contract
Termination by EE = Employee quits/resigns
What is “indemnity in lieu of notice”?
Money paid instead of making someone work their notice period.
🧠 Like saying: “Leave now, we’ll pay you for the time.”
What’s a CBA?
An agreement made by employer groups and worker unions about work rules (like notice periods).
🧠 Think of it as a rulebook for a specific industry.
What is “CBA No. 75”?
A collective bargaining agreement that sets minimum notice periods for blue-collar workers in Belgium.
🧠 Sometimes sectors have their own CBA rules.
Who are RVA / ONEM?
They’re the Belgian unemployment offices – they give support if you lose your job.
