The Dismissal Letter is a crucial document in Belgian employment law, used when an employer wishes to terminate an employment relationship. It must be drafted in strict compliance with Belgian legislation, including the Act of 3 July 1978 on Employment Contracts and relevant collective labor agreements. The document serves multiple purposes: it formally communicates the termination decision, specifies the notice period or payment in lieu, outlines any final payments, and addresses the return of company property. The letter must be carefully drafted to ensure compliance with Belgian employment law requirements, including proper notice periods, potential outplacement services, and specific protections for certain categories of workers. This document is particularly important as it may be scrutinized in potential legal proceedings and must therefore be precise, complete, and legally compliant.
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1. Header and Date: Company letterhead, current date, and reference number if applicable
2. Employee Details: Full name, address, and employment position of the employee
3. Subject Line: Clear indication that this is a termination notice (e.g., 'Notice of Termination of Employment Contract')
4. Formal Termination Statement: Clear and unambiguous statement of the decision to terminate the employment contract
5. Notice Period Details: Specification of notice period duration or payment in lieu of notice, with start and end dates if applicable
6. Return of Company Property: List of company items to be returned and deadline for return
7. Final Payment Information: Details of final salary, holiday pay, and other due amounts
8. Signature Block: Company representative's name, title, and signature space
1. Reason for Dismissal: Required when dismissal is for cause or when requested under CLA 109, explaining specific reasons for termination
2. Outplacement Services: Required for employees entitled to outplacement support under Belgian law
3. Non-Compete Reminder: Include if employment contract contained non-compete clauses
4. Collective Dismissal Information: Required if part of a larger restructuring or collective dismissal procedure
5. Outstanding Obligations: Include if there are specific projects or tasks that need handover
6. Benefits Termination: Details about insurance, company car, phone, or other benefits if applicable
7. Reference Offer: Optional offer to provide employment references
8. Legal Rights Statement: Information about employee's right to request reasons for dismissal under CLA 109
1. Notice Period Calculation: Detailed calculation of notice period based on seniority and applicable laws
2. Final Payment Breakdown: Itemized list of final payments including salary, holiday pay, bonuses, etc.
3. Company Property List: Detailed inventory of company items to be returned
4. Outplacement Details: Terms and conditions of outplacement support if applicable
5. C4 Form: Official unemployment document (not attached but referenced as to be provided)
6. Holiday Pay Calculation: Calculation of remaining holiday pay and vacation days
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