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Termination of Employment in Belgium

Terminating an employment contract in Belgium is never just an HR decision. Belgian employment law is strict, formal and highly technical. Notice periods, indemnities in lieu of notice, protected employees, serious cause, CBA no. 109, collective dismissal rules and documentation requirements can all affect the legal and financial outcome.

Whether you are dealing with an ordinary dismissal, termination for serious cause, a fixed-term contract, a settlement discussion or a wider restructuring, the right approach depends on the type of contract, the employee’s seniority, the reason for dismissal and the procedure you follow.

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Termination of Employment in Belgium: How HR Legal Helps? 

Notice Periods and Indemnities in Lieu of Notice

In Belgium, notice periods are a central part of the termination process. They are mainly linked to seniority, but the start date of the employment contract remains important.

For contracts that started before 1 January 2014, a combined calculation may still be required. For contracts starting after that date, statutory notice periods apply. For certain new contracts starting on or after 1 June 2026, the statutory notice period in case of dismissal by the employer may be capped at 52 weeks once the relevant seniority threshold is reached.

A wrong calculation, unclear notice or incorrect termination letter can quickly become expensive. We help you determine whether the employee should serve a notice period or whether an indemnity in lieu of notice is the better route.

Why the Help of a Specialized Belgian Law Firm Such as HR Legal Matters

1. Scope check: does CBA no. 32bis apply?

  • Is there legally a transfer of undertaking or not?
  • Asset deal vs share deal: is there a change of employer?
  • Which employees are linked to the undertaking?
  • Does the undertaking retain its identity after the transfer?
  • Are there specific risks because of outsourcing, insourcing, a carve-out, or a transfer of activities?
  • Mapping all employees, contracts, benefits, seniority, and working conditions
  • Reviewing the rights and obligations connected to the transferred workforce
  • Identifying liabilities, disputes, protected employees, and other legal exposure
  • Checking compliance with Belgian employment law, social security rules, sector-level rules, and collective bargaining agreements
  • Flagging pension, bonus, incentive, insurance, and benefit arrangements that require separate analysis
  • Drafting clauses on employees, employment liabilities, warranties, indemnities, and cooperation obligations
  • Allocating employment-related liabilities between the parties where legally possible, without affecting employees’ statutory rights
  • Defining responsibilities between the transferor and the transferee regarding information, consultation, communication, timing, and post-closing implementation
  • Addressing collective bargaining agreements, sector-level obligations, company-level arrangements, and employee benefit structures
  • Making sure the employment sections of the transaction documents match the legal reality on the ground
  • Preparing the information and consultation process with employee representatives
  • Preparing the required information for employee representatives or, where no representative body exists, for the employees directly
  • Advising on the required information about the date or proposed date of the transfer, the reasons for the transfer, the legal, economic, and social implications, and any measures envisaged for employees
  • Advising on the additional information flow to the identified transferee where this is requested by the employee representatives or, if no representative body exists, by the employees concerned, in accordance with the applicable rules.
  • Advising on the employment position of the employees after the transfer
  • Reviewing harmonization plans for pay, benefits, working conditions, policies, and HR practices, including the limits on unilateral harmonization after the transfer
    Assessing what can be changed, what requires consent, and where the legal risk sits
  • Supporting communication with employees and representatives during implementation
  • Helping HR and management keep the process legally sound and practically workable

Termination of employment in Belgium is rarely one-size-fits-all. The type of employment contract, the employee’s length of service, the reason for dismissal, the presence of any protection mechanism and the required procedure all matter.

You may need to assess:

  • ordinary dismissal risk
  • CBA no. 109 and manifestly unreasonable dismissal exposure
  • termination for serious cause
  • protected employee status
  • collective dismissal thresholds
  • settlement options
  • documentation and evidence
  • internal and external communication

HR Legal turns those legal questions into a clear, practical route. No fluff. Just the legal analysis, documents and support you need to move forward.

We Help Determine
  • The applicable notice period
  • The applicable indemnity in lieu of notice
  • Whether the reason for dismissal is legally defensible
  • Whether CBA no. 109 creates additional risk
  • Whether the employee benefits from special protection mechanisms
  • Whether serious cause can be considered and defended
  • Whether collective dismissal or consultation rules may apply
  • Which documents, timelines and formalities are required
  • How to reduce the risk of disputes, claims or procedural mistakes
Pro-active procedural assistance 
  • Drafting termination letters and settlement documentation
  • Preparing the legal file before dismissal
  • Reviewing evidence and documentation
  • Legal due diligence and compliance checks
  • CBA no. 109 and GDPR-related checks where relevant
  • Internal communication strategies for HR, management and stakeholders
  • Support during sensitive or urgent decision-making
Reactive assistance
  • Handling legal pushback after dismissal
  • Managing negotiations and settlement discussions
  • Responding to employee claims or requests for reasons
  • Advising on litigation strategy where required
  • Helping you regain control when a dismissal becomes disputed

Layoff Attorney in Belgium: Legal Support for Employers


When international employers talk about layoffs, Belgian employment law may require a more specific legal analysis. Depending on the situation, a “layoff” may qualify as an ordinary dismissal, an individual redundancy, a multiple dismissal, a collective dismissal, termination for serious cause or part of a wider restructuring.

That distinction matters. Each route comes with its own rules on notice periods, indemnities, documentation, employee protection, consultation obligations and timing.

If you need a layoff attorney in Belgium, HR Legal helps you translate the business decision into a legally sound action plan. We assess the risks, prepare the documents and help you communicate the decision without losing control.

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Why HR Legal for Termination of Employment in Belgium? 

All things employment law,
Including Termination & Layoff Support for Employers

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Over fourteen years of experience in Legal matters concerning Employment and Social Security matters in Belgium, including enrolment, termination of employment from individual to collective lay-offs and reorganisations. 
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