The Termination Letter To Employee For Poor Performance is a crucial document used in Belgian employment relationships when an employer needs to formally end an employment contract due to documented performance issues. This document must comply with strict Belgian labor law requirements, including those set forth in the Employment Contracts Act and CBA No. 109, which mandate specific procedures for performance-based dismissals. The letter should be used only after proper documentation of performance issues, attempted remediation measures, and formal warnings have been issued and recorded. It must include concrete reasons for dismissal, specific examples of poor performance, reference to previous warnings or improvement plans, notice period details, and information about final settlements. The document serves both as a legal requirement and as protection for the employer against potential wrongful termination claims.
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1. Header Information: Company letterhead, date, recipient's details, and reference line
2. Subject Line: Clear indication that this is a termination notice
3. Employment Details: Statement of current position, employment start date, and reporting relationship
4. Performance Issues: Detailed description of specific performance issues, with dates and examples
5. Previous Warnings: Reference to prior verbal/written warnings, performance improvement plans, and meetings
6. Termination Decision: Clear statement of the decision to terminate employment
7. Notice Period: Specification of notice period or payment in lieu of notice as per Belgian law
8. Final Payments: Details of final salary, holiday pay, and other entitlements
9. Company Property: Instructions regarding return of company property
10. Closing: Signature block and formal closing
1. Garden Leave: Include if employee is to be placed on garden leave during notice period
2. Non-Compete Reminder: Include if employee is bound by existing non-compete clauses
3. Outplacement Services: Include if company is offering outplacement support
4. Reference Policy: Include details about company policy on providing references
5. Legal Consultation Rights: Include information about employee's right to seek legal counsel
6. Appeal Process: Include if company policy allows for internal appeals of termination decisions
1. Performance Review History: Chronological list of performance reviews and outcomes
2. Final Settlement Calculation: Detailed breakdown of final payment including all entitlements
3. Company Property Checklist: List of company items to be returned
4. Meeting Minutes: Records of performance discussion meetings and warnings
5. Handover Document Template: Template for documenting handover of responsibilities
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