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Belgium - Job terminated by Employer without notice

Question

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

Mikek1300gt

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.

Nov 4, 2016 18:25
Mahbub

Thanks Mike for your reply.

How can I find out about the required compensation.
And how do I make sure that they are paying me the required compensation in accordance with the Belgian law.

Nov 4, 2016 22:17
SD

They actually do need to put a valid reason on the C4, otherwise they leave themselves open to legal action.

Nov 4, 2016 22:36
Mikek1300gt

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.

Nov 4, 2016 22:50
Mikek1300gt

In fact, as much as I detest the trades unions, I would suggest anybody working in Belgium needs to be a member.

Nov 4, 2016 22:53
Mahbub

I was trying to draw your attention to the line of the letter where they mentioned

" 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."

What does that "in compliance with a termination severance" actually mean? Where is the notice period? Where is the ground for dismissal?

Any thoughts will highly be appreciated.

Nov 4, 2016 23:06
Mikek1300gt

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. :-)

Nov 4, 2016 23:09
Mahbub

Thanks again Mike.

Points noted. Will contact ACV on Monday.
Any Idea how/where can I get the information about the compensation?

Nov 4, 2016 23:14
J

8 weeks pay + bonus & holiday pay pro-rata:
http://www.emploi.belgique.be/defaultTab.aspx?id=42197

Nov 5, 2016 01:37
J C Hill

You said you were a contractor and that your project was finished. They don't need any more reason than that.

Nov 5, 2016 13:33

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