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Made redundant

bernadette 123
Jan 7, 2014
17
Question

Hello, my husband has been made redundant, he is 57 years old, and has worked in Belgium for 15 years and in Ireland for 12 years prior to that with the same company. They tell him that his is entitled to noticed based on the 15 years only and are ignoring the years prior to that. They are using something called the formula Clayes. Is he entitled to notice and sererance and how does it work. Will he be entitled to unemployment benefit, does that start immediately. They have told him he no longer needs to do any work as he's finished since 31st December. We are very stressed about all of this, so any links to information would be great. I can read French, but not if it's very technical. Thanks for any help.

bernadette 123

Sorry, I made a mistake, he is 57. Is there an edit button?

Jan 7, 2014 10:34
Janesa

Hi, I know how you both feel believe me. As far as I know the Clays formula was used up until the end of December last year as the law has now changed. You dont say when it was your husband was made redundant. As I understand it, the formula was not unfair, but you need to make sure.

As regards taking into account the amount of years in the UK, I dont know but I can tell you that you should call an employment lawyer to clarify anything you are unsure of. Most dont charge you for a phone call and it can really help. In fact you should consult one anyway to ensure you are getting everything you are entitled to as it can be overwhelming. Good luck.

Jan 7, 2014 11:38
Janesa

Hi, I know how you both feel believe me. As far as I know the Clays formula was used up until the end of December last year as the law has now changed. You dont say when it was your husband was made redundant. As I understand it, the formula was not unfair, but you need to make sure.

As regards taking into account the amount of years in the UK, I dont know but I can tell you that you should call an employment lawyer to clarify anything you are unsure of. Most dont charge you for a phone call and it can really help. In fact you should consult one anyway to ensure you are getting everything you are entitled to as it can be overwhelming. Good luck.

Jan 7, 2014 11:38
J

See: www.formuleclaeys.be - there's a calculator on there.

I would get some legal advice. Pay for it. If you can go back the extra 12 years, it's worth an extra year's salary on top of the 1.5 years or so he will already be getting through the Claeys formula. That's a LOT of money. I am surprised he's not getting "pre-pension" / early retirement.

IMHO, you're going to be in the fortunate position of being able to retire a lot earlier than planned.

Jan 7, 2014 12:00
R

join a union (now!) that can help your husband double checking if the amount paid to you is according to what he is really entitled. they can also help you handling all the paperwork for enrolling with the unemployement office and give suggestions for better handling this phase.

The unemployement benefit will eventually start but not immediately since technically he is entitled to several months of compensation based on the number of yeqrs worked in the company.

I am with the union CSC and I pay around 10/15 eur per month

Jan 7, 2014 13:51
bernadette 123

Thank you Janesa for the kind thoughts and to all those who have replied. I've had butterflies in my belly all of Christmas, which was ruined completely.

Just to clarify, he was made redundant in December, and they sent him a registered letter with the 31st December 2013 being the last year of employment. Also they too mentioned the Claeys formula. I put in his age and full years in both countries and got a lot more than they are offering. They told him he was getting more than he was entitled to. But if I just put in the 15 years, it's' not over and above the Claeys.

What's the pre pension, early retirement? How would we find out the rules on that. Do they have to offer him that?

We have found a good employment lawyer, who said we should be entitled to move but his contract is complicated, and we are waiting for the company to come back with a revised offer, which will be tomorrow.

Jan 7, 2014 15:07
bernadette 123

R, we don't know anything about unions, his company doesn't encourage that, but I've been reading on here and they are apparently very good in Belgium. My husband is going to ask someone else being made redundant about a union and if they used one. Of course everybody has to sign a long confidentialy agreement etc. You wouldn't belive what they have in it, after all the years he worked for them. I don't understand about the unemployment starting from the beginning, do you ean it's like because of his notice that he still working, and has to wait for that to be up before applying? We are in Wezembeek Oppem, a faculative commune, does he have a choice of going to the office in French or Dutch etc. Does it make a difference?

Jan 7, 2014 15:12
R

No (large) company would encourage you to join a union! It is not in their interest; they are there to make the interests of workers or employees not shareholders
I am about to be in the same situation with the same number of loyal years of service, same feelings about it, so yes i am going to get all possible euro cents out of the very profitable company.

At 57 I think your husband still need to look for a job, the threshold should be 60 y.o. But all these information can be provided by the union who knows the belgian redtape better than anyone.

Rather than a single unemployment lawyer I would probably go for a large national union but of course it is your ultimate call.

Jan 7, 2014 15:37
bernadette 123

R best of luck with your own negotiations, hope it works out for you. Yes his company is very profitable, and my husband has been a big contributor to that. He is absolutely going to look for a job, he doesn't want to stay at home. What are the large national unions called. Do they all have someone who speaks English?

Jan 7, 2014 15:45
R

Thanks Bernadette and best of luck for your husband I am sure his qualities will be valued elsewhere.

As mentioned I am with CSC (French and Flemish National Union) by recommendation of my belgian colleague but from what I heard they are all kind of good (more or less like mutuelles). I have never used them but I will later this year.

I have a little leaflet with me and I can see they have offices nearby Wezembeek ax per list below. Being flemish territory you probably have good chances of getting some support in english.

- Justs Lipsiusplein 2 / OVERIJSE
- Kerkplein 20-21 / ZAVENTEM
- Toekomststraat 17 / VILVOORDE

Jan 7, 2014 16:05

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