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PREAVIZ

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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.

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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. 

Dismissal play button website

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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.

button play preaviz webinar 2.0

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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

Our Experts in Employment Law

  • Philippe De Wulf

    Partner

  • Sven Demeulemeester

    Partner

  • Esther Soetens

    Counsel

  • Emma Van Caenegem

    Counsel