- Phase
- Omnibus Act of 29 March 2012 containing various provisions (Title 9 - Chapter 4: Population pyramid in case of collective dismissal)
- Native name
- Loi du 29 Mars 2012 portant des dispositions diverses/Wet of 29 Maart 2012 houdende diverse bepalingen (Titre 9 - Chapitre 4: Pyramide des âges en cas de licenciement collectif/Titel 9 - Hoofdstuk 4: Leeftijdspiramide bij collectief ontslag)
- Type
- Selection of employees for (collective) dismissals
- Added to database
- 08 May 2015
Description
In case of collective redundancies (within 60 days, at least 10 dismissals in companies with 20-99 employees, 10% of the workforce in companies with 100-299 employees, at least 30 dismissals in companies with 300 or more employees), companies must spread redundancies proportionally with regards to the age of their employees in order to maintain the age pyramid in the workplace as it was before the collective redundancies. A deviation of 10% is accepted for redundancies spread across the different age categories (namely: younger than 30; 30–50; 50 and older). Employees with fixed-term contracts and those hired for a specific project can be excluded from this scheme. Employees in key roles in the company may also be excluded. Unions' representatives have a particular protection against layoffs which can be removed only by the relevant joint committee or the labour court.
Citation
Eurofound (2015), Belgium: Selection of employees for (collective) dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/selection-of-employees-for-collective-dismissals/belgium