Dismissal by the employer: procedure and notice period

You have a difficult conversation ahead. That employee things haven't clicked with for months now. Or maybe economic circumstances force you to part with someone who actually performs well. Either way: letting someone go is never pleasant.

This is perhaps the most stressful topic in HR. And let's not beat around the bush: Belgian legislation doesn't make it any easier. Strict deadlines, mandatory documents, protected employees, the threat of damages claims. There's a lot that can go wrong.

In this article, we walk you step by step through the full dismissal procedure for employers. No legal jargon that helps no one, just practical guidelines you can apply straight away. You'll learn when you may dismiss, how to calculate the notice period correctly, which documents are mandatory, and which pitfalls to avoid at all costs.

When can you dismiss an employee?

In Belgium, you can in principle always end an employment contract as an employer, without having to give a reason. That is the principle of freedom of dismissal. But, and this is an important "but", that freedom has limits.

Since 2014, CLA 109 has been in force, the collective labour agreement on how dismissals must be justified. It provides that an employee with at least six months' seniority has the right to know the reasons for their dismissal. You don't have to give those reasons spontaneously, but if the employee asks, you are obliged to answer.

What does this mean in practice? You may dismiss, but not just like that. The dismissal must not be manifestly unreasonable.

A dismissal is manifestly unreasonable if:

• It is based on reasons that have nothing to do with the employee's suitability or conduct
• It is not grounded in the operational needs of the company

The court rules on this. For a manifestly unreasonable dismissal, you risk compensation of 3 to 17 weeks' salary, on top of the normal severance pay.

Valid reasons for dismissal include:

• A structural reorganisation of the company
• Economic difficulties that make workforce reductions necessary
• Underperformance despite warnings and support
• Repeated absences that disrupt the organisation
• Behavioural problems that make cooperation impossible

In our experience, employers who document their reasons for dismissal well face far fewer disputes afterwards. A personnel file with performance reviews, written warnings and improvement plans is worth its weight in gold if it ever comes to a dispute.

Notice period or severance pay?

You have two ways to end an employment contract: with a notice period, or with immediate effect plus compensation in lieu of notice.

Option 1: Dismissal with a notice period

The employee keeps working throughout the notice period. They receive their normal salary and continue to build up social rights. At the end of the period, the employment contract ends automatically.

Advantages:

• You spread the cost across the notice period
• The employee can use time off to look for a new job (job-search leave)
• Time for a proper handover of tasks

Disadvantages:

• Possible demotivation of the employee
• Tension in the workplace
• Risk of long-term illness (which suspends the notice period)

Option 2: Immediate termination with compensation

You pay compensation in lieu of notice equal to the salary and all benefits the employee would have received during the notice period. The employment contract ends immediately.

Advantages:

• A clean break, no awkward situation
• No risk of the notice period being suspended
• A faster fresh start for both parties

Disadvantages:

• A large one-off cost
• The employee receives everything at once (with tax implications)

The right choice depends on the situation. When the working relationship has broken down or the role is sensitive, many employers opt for immediate termination. For a "normal" dismissal on economic grounds, the notice period often works perfectly well.

How to calculate the notice period

Since the single status came into force in 2014, the same notice periods apply to blue-collar and white-collar workers, and the length depends solely on the employee's seniority. This is where it gets a bit legal. Not boring-legal, but important.

Employees hired from 1 January 2014

For these employees, the calculation is relatively simple: the notice period rises with seniority according to a fixed schedule.

Seniority	Employer notice period
0-3 months	1 week
3-6 months	4 weeks
6-9 months	6 weeks
9-12 months	7 weeks
12-15 months	8 weeks
15-18 months	9 weeks
18-21 months	10 weeks
21-24 months	11 weeks
2-3 years	12 weeks
3-4 years	13 weeks
4-5 years	15 weeks
5-6 years	18 weeks
6-7 years	21 weeks
7-8 years	24 weeks

From 5 years of seniority, three weeks are added for each year of seniority started, up to a maximum of 62 weeks at 20 years of seniority. After that, the period increases by 2 weeks per year, then by 1 week per year from 21 years of seniority.

Employees hired before 1 January 2014

This is the click system. The notice period is made up of two parts:

Part I: the notice period built up before 1 January 2014 (old rules) Part II: the notice period built up from 1 January 2014 (new rules)

Part II is increased every year. In 2026, Part II amounts to a maximum of 39 weeks. You add the two parts together.

Example: a white-collar worker with a gross annual salary above €32,254 who started on 1 June 2010 and is dismissed in 2026:

• Part I (2010-2013): calculated under the old formula for higher-paid white-collar workers
• Part II: the notice period for the seniority built up from 2014 onwards

At Recruit, we calculate the notice period automatically based on your Joint Committee. No manual puzzling with click systems and exceptions.

When does the notice period start?

The notice period always starts on the Monday following notification. If you send the dismissal by registered mail, the third working day after posting counts as the date of notification.

Practical example:

• Tuesday 4 February: you send the registered dismissal letter
• Friday 7 February: the letter is deemed received (the 3rd working day)
• Monday 10 February: the notice period starts to run

Note: Saturday counts as a working day when calculating the notification, but not for the start of the notice period.

The C4 form: what and when?

The C4 form, officially the unemployment certificate, is a document you are required to hand over to every employee whose employment contract ends. Always. Regardless of the reason.

This applies to:

• Dismissal by the employer (with or without a notice period)
• Resignation by the employee
• Termination by mutual agreement
• The end of a fixed-term contract
• Retirement
• Dismissal for serious cause

The C4 must be given to the employee on the last working day at the latest. Not the day after, not by post afterwards, but on the last working day itself.

What's on the C4?

The form contains essential data for the NEO (National Employment Office):

• Identification details of employer and employee
• Start and end date of the employment
• Reason for the termination
• Details of the notice period or compensation in lieu of notice
• Last salary

Electronic C4 (ASR scenario 1)

You can also file the C4 electronically through the social security portal. This is known as the ASR declaration, scenario 1 (the electronic social risk declaration). Many social secretariats and payroll partners handle this automatically.

At Recruit, C4 forms are generated and filed automatically. You only need to state the reason for termination; the rest happens behind the scenes.

Penalties for non-compliance

Failing to hand over a C4 is a criminal offence. You risk criminal or administrative penalties. On top of that, the employee cannot apply for unemployment benefit without this document, which can lead to further damages claims.

You'll find more on notice periods and related documents in our article on payroll and notice periods.

Dismissal for serious cause: the procedure

Dismissal for serious cause is the heaviest instrument. The employee is dismissed on the spot, with no notice period or compensation in lieu of notice. That may sound appealing when you're furious, but the bar is high and the procedure is strict.

What is a serious cause?

Article 35 of the Employment Contracts Act defines it as follows: a serious shortcoming that makes any professional cooperation between employer and employee immediately and definitively impossible.

Examples recognised by the courts as serious cause:

• Theft or embezzlement
• Violence or serious threats at work
• Gross insults towards managers or colleagues
• Breach of trade secrets
• Persistent refusal to work without valid reason
• Serious fraud involving expense claims

The 3 + 3 working days rule

Here's the key point: the procedure is bound by strict deadlines.

Deadline 1: within 3 working days of becoming aware of the facts, you must terminate the employment contract.

Deadline 2: within 3 working days of that termination, you must notify the serious cause to the employee in writing, by registered letter or via a bailiff's writ.

Working days are all days except Sunday and public holidays. The day you become aware of the facts does not count.

Practical example:

• Monday 3 February: you discover that an employee has stolen money from the till and you have sufficient certainty about it
• Thursday 6 February: today is the deadline to issue the dismissal
• Sunday 9 February: does not count (not a working day)
• Wednesday 12 February: today is the deadline to notify the grounds

Everything in one letter

In practice, most employers combine the dismissal and the grounds in a single registered letter. This is allowed and even advisable, but you then have only 3 working days instead of 6.

What if you miss the deadlines?

Then the dismissal for serious cause is null and void. The employee is entitled to their full severance pay, as if it were an ordinary dismissal. And a damages claim often follows for the reputational harm of the "false" dismissal for serious cause.

After more than 15 years in Belgian payroll, we see this go wrong regularly. An employer waits too long to act, documents the facts insufficiently, or misses the deadline for the grounds letter. The difference between a lawful dismissal with no compensation and a claim worth tens of thousands of euros sometimes comes down to a single day.

Consequences for the employee

A justified dismissal for serious cause has serious consequences. The employee:

• Receives no severance pay
• Is temporarily excluded from unemployment benefits (4 to 52 weeks)
• May face difficulties finding a new job

That's why employees often contest this type of dismissal. Be prepared for legal proceedings and make sure your burden of proof is in order.

Protected employees: who and what it means

Certain employees enjoy special protection against dismissal. Dismissing them is not impossible, but the thresholds are high and the cost of getting it wrong is astronomical.

Pregnant employees

A female employee is protected from the moment she informs you of her pregnancy until one month after the end of her postnatal leave.

You may dismiss her, but only for reasons unrelated to the pregnancy. If you breach the protection, you pay flat-rate compensation of 6 months' salary, on top of the normal severance pay.

Our advice: document your reason for dismissal very thoroughly, and consider whether the dismissal could wait until after the protection period.

Employee representatives (works council and CPPW)

Members and candidate members of the works council and the committee for prevention and protection at work (CPPW) are heavily protected. You can only dismiss them:

• For serious cause, recognised in advance by the labour court
• For economic or technical reasons, recognised in advance by the Joint Committee

For an unlawful dismissal, you pay a protection allowance of 2 to 8 years' salary, depending on seniority and whether the employee requests reinstatement.

Union representatives

Union representatives can only be dismissed for reasons unrelated to their mandate. The exact protection depends on sectoral agreements within the Joint Committee.

Other protected categories

• Employees on parental leave or time credit
• Employees who have filed a complaint about discrimination or harassment
• Prevention advisers
• Confidential counsellors

Want to know which sector-specific rules apply? See our article on joint committees in Belgium for more information.

Collective dismissal: the Renault Act

When you want to dismiss several employees at once, you may fall under the rules on collective dismissal, and those come with heavy obligations.

When is it a collective dismissal?

A collective dismissal arises when, within a 60-day period, you dismiss a certain number of employees for reasons unrelated to them personally:

Company size	Minimum dismissals
Fewer than 100 employees	10 employees
100 to 300 employees	10% of the workforce
More than 300 employees	30 employees

The rules apply to companies with more than 20 employees.

The procedure in brief

Phase 1, information: you first inform the works council (or, if there is none, the trade union delegation) of your intention. You communicate this before the press or any other external parties. You also send a copy to FPS Employment and to the regional employment service (VDAB, Actiris, FOREM or ADG).

Phase 2, consultation: you consult the employee representatives on ways to avoid the dismissals or soften their impact. You respond to their questions and counter-proposals.

Phase 3, waiting period: after notifying the employment service, you must wait 30 days before you may actually dismiss anyone. This period can be extended to 60 days.

Collective dismissal allowance

On top of the normal severance pay, you pay a collective dismissal allowance to the dismissed employees, set out in CLA no. 10.

Penalties for non-compliance

An employer who does not follow the procedure risks individual employees invoking the nullity of their dismissal. The compensation can run up to the salary for 60 days after the notification.

Common dismissal mistakes

After years of experience with hundreds of dismissal cases, we keep seeing the same mistakes come back. Sound familiar?

1. Waiting too long to document An employee has been underperforming for months, but nothing is on paper. When you then want to dismiss them, you have no file to rebut a manifestly-unreasonable-dismissal claim.

2. Sending the dismissal letter by ordinary post A registered letter or a bailiff's writ is mandatory. An email or ordinary letter is not enough.

3. Calculating the notice period incorrectly Things go wrong with the click system in particular. One week short and you pay the difference anyway, plus possible damages.

4. Forgetting that illness suspends the notice period The employee calls in sick on day 1 of the notice? The period is suspended until they are fit for work again. The end date shifts.

5. Missing the 3 working days for serious cause One day late and the dismissal for serious cause is null and void. You then pay the full severance pay.

6. Not handing over a C4 on the last working day It seems like a detail, but the penalties are real.

7. Dismissing a protected employee without following the procedure The compensation can run to several years' salary.

Frequently asked questions

Do I always have to give a reason for the dismissal? No, not spontaneously. But if the employee asks (within 2 months of the end of the contract), you must reply within 2 months. If you don't, you reverse the burden of proof in any later proceedings.

Can I dismiss someone during illness? Yes, you can. But you cannot dismiss them because of the illness itself. And the notice period is suspended during the incapacity for work, which shifts the end date.

What if the employee refuses to work the notice period? If the employee stays away without valid reason during the notice period, you can terminate the contract for breach of contract by the employee. They then owe you compensation in lieu of notice.

Can I shorten the notice period? No, the statutory minimum periods are mandatory. You can negotiate a shorter period by mutual agreement, but that requires the consent of both parties.

Do I have to offer outplacement? For a notice period of at least 30 weeks (or an equivalent compensation), you are required to offer outplacement. The employee may refuse it, but you must make the offer.

What if I want to dismiss several employees, but not all at once? Watch out for the collective dismissal thresholds. If you reach the required number within 60 days, the heavier procedures apply. Some employers try to spread it out, but the case law sees through artificial spreading.

In short

Dismissing an employee is never pleasant, but with the right knowledge and preparation you can avoid the biggest pitfalls. The key points at a glance:

• You may dismiss, but not in a manifestly unreasonable way. Document your reasons.
• Calculate the notice period carefully, especially under the click system (before 2014).
• Hand over the C4 on the last working day, without exception.
• For serious cause: 3 working days to terminate, 3 working days to give the grounds. No exceptions.
• Know your protected employees and follow the correct procedures.
• For a collective dismissal: inform, consult, wait, and document everything.

Belgian dismissal law is complex, and the rules can differ by Joint Committee and sector. Unsure about the right approach? Bring in a specialist in good time.

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How Recruit helps you

Handling dismissal calculations and C4 forms without errors? Our HR experts take it off your plate.

With Recruit:

• Contracts in under 60 seconds: create trial and temp contracts without the hassle
• Automatic payroll calculation: correct pay in line with current legislation and your Joint Committee
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• 24/7 personal support: always a dedicated contact who knows your business
• No fixed monthly fees: pay only for what you use

Try Recruit or get in touch with our HR experts for tailored advice.

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The information in this article is purely informative and does not replace professional legal or accounting advice. Labour legislation changes regularly. Always consult the current legislation or contact an HR expert for advice tailored to your situation.