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Belgium - Job terminated by Employer without notice
Can anyone please shed some lights on whether this is legit or not?
I was employed back in Sept 2015. I work as contractor for the company. Since my last project ended the Company is struggling to get a new contract for me. There are internal job portal and I have been searching opportunities by myself and was open to any relocate anywhere. No one from the management communicated me regarding the difficulties and how can this be solved. Anyway this morning I received the letter of termination without stating any reason. It says that the termination will be effective after 3 days of receipt of the letter and they will pay me the severance.
" With regrets I inform you that with immediate effect
(according Belgium law 3 days after sending the registered mail)
we will terminate your employment, and this in compliance with a termination severance. The severance payment will be paid with your next salary payment, 13th month holiday money (pro rata) will be paid as well. You will also receive social documents, as defined by law.
Insofar as necessary, we expressly waive the application of the competition clause.............................."
Can anyone please tell me if they are actually abiding by the Belgian law in case of terminating the employment without any reasonable ground and also with immediate effect.
Many thanks,
Mahbub
You can be fired at any time as long as the company pays the compensation required by law. They don't need to provide a reason.
They actually do need to put a valid reason on the C4, otherwise they leave themselves open to legal action.
Not was I was told, SD. Though I don't claim to be an expert. How would a reason even matter? When I was fired when trying to return to work after a prolonged period of sickness, the only reason given, in writing, was he "could not take the risk of the situation" due to restrictions on my work that were written in to the permission you need from a doctor to return to work in Belgium. My advisors were a doctor who's wife worked as a company doctor for a large corporation (he called her while I was in his office) and the ACV trade union.
Mahbub...Any trades union will be able to advise you. ACV is as good as any.
In fact, as much as I detest the trades unions, I would suggest anybody working in Belgium needs to be a member.
ACV union. It will cost very little to join and they will sort it for you. As far as I know, they do not need grounds for dismissal, they just have to pay you the compensation. Just google your local ACV and go there. :-)
8 weeks pay + bonus & holiday pay pro-rata:
http://www.emploi.belgique.be/defaultTab.aspx?id=42197
You said you were a contractor and that your project was finished. They don't need any more reason than that.