Article

Act of 13 February 1998: articles 62-70; Collective Agreement nr. 109 of 12 February 2014: article 7.

Description

The national legislation makes it possible to take action against employers who fail to comply with the information and consultation requirements of the employee representatives (works council in the first place) specified in collective dismissal regulations.

In case of collective redundancy (corresponding to cases where, within 60 days, there are at least 10 dismissals in companies with 20-99 employees, at least 10% in companies with 100-299 employees, and at least 30 dismissals in companies with 300 or more employees), if workers and/or unions' representatives consider that the employer fails to comply with such requirements (such as information and consultation procedures), objections can be launched to the regional employment office during the procedure or during the 30 days waiting period. During this period, the employer cannot proceed to any layoff. If no objections are expressed during this period, the law assumes that the employer has respected the necessary requirements and the employer is allowed to proceed with the collective dismissal at the end of it. However, if objections regarding the information and consultation procedure are expressed, the regional employment office may extend the waiting period up to 60 days in order to allow time to find a solution. If objections are more related to non-compliance with the collective dismissal regulations, they may be expressed to the labour court, extension may apply here as well. 

The main sanction that can be used involves halting the dismissal of workers or even reinstatement, although this happens very rarely, as in practice unions and employers most of the time quickly go to the next step of bargaining a 'social plan' to obtain (extra) severance payments. However, as soon as a complaint is made during the adequate period, the notice period is adjourned.

Collective Agreement nr. 109 formalises the right of an employee formalises the right of an employee to know the reasons that have led to his or her dismissal, and the right to a restitution in case of an apparent unreasonable dismissal. Failure of the employer to to fulfil the request of an employee to know the reasons of their dismissal is sanctioned with a fine equivalent to two weeks of pay of the employee involved (Art. 7). If a dismissal of an employee is deemed unreasonable, it is sanctioned with a fine equivalent to three to seventeen weeks of pay, depending on the degree of unreasonableness (Art. 9).

Commentary

Annual statistics relating to the information and consultation procedure is available through the Federal Public Service for Employment, Labour and Social Dialogue.

Additional metadata

Cost covered by

Employer

Involved actors other than national government

Public employment service Trade union Works council Court

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Wet houdende bepalingen tot bevordering van de tewerkstelling
• Federal Public Service Employment, Labour and Social Dialogue (in French - in Dutch)
• Ius Laboris (2009), Collective Redundancies Guide, Brussels
• Restructuring in Belgium
• Bingen A., Hégalé M. and Layon E. (2006), L'accompagnement des travailleurs licenciés collectivement, Courrier hebdomadaire n° 1943-1944
• Dorssemont F. (2006), 'The Renault Saga (revisited)', European Company Law, Issue 1 (3), pp. 5–10
• Moulaert T. (2013), L’outplacement des 45 ans et plus en Belgique. Une tentative avortée de gouvernement à distance des fins de carrière ?, Retraite & Société, (1) 64
• Werk.be: Collective redundancies in the period from January 2020 to December 2020