Since January 1, 2014, the “unified status” is in effect in Belgium. This legislation makes the legal status of employees and workers very similar.
Some problems, however, were eliminated only by the additional CLA 109. This collective agreement will be in effect from April 1, 2014 .
Important to know is that if the employer is not motivating, or “unfair dismissal” may have financial consequences.
- If the employer fails to motivate the dismissal, a fixed fine of two weeks salary is imposed.
- In the case of “unfair dismissal”, in which according to the court , the employee was unfairly dismissed, a fine can follow with a minimum of three and a maximum of seventeen weeks of salary. Unfair dismissal is defined as a dismissal with reasons not related to fitness or conduct of the worker, or not based on the need for redundancies within the company .
We recommend companies to start gathering evidence to motivate a dismissal in advance, so that no additional costs are to be made.