Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Belgium: Time off for job search
Phase
Law on Employment Contracts of 3 July 1978
Native name
Loi sur le contrat de travail du 3 juillet 1978/Wet betreffende de arbeidsovereenkomsten (3 Juli 1978)
Type
Time off for job search
Added to database
13 May 2015
Article
41, 64, 85 and 115
Description
Following the harmonisation of both blue-collar and white-collar status (in 2014), all workers are allowed to be absent once or twice a week (for a maximum number of hours corresponding to the hours usually worked in one day) during the notice period in order to look for a new job. In this case, the workers are entitled to their salary for the unworked period.
The general rule sets that workers may be absent half a day per week during the notice period. The permitted period of absence is extended to one day or two half days per week in some cases:
During the last 26 weeks of the notice period if the duration thereof exceeds 26 weeks;
Throughout the period of notice if it is less than or equal to 26 weeks; and
During the whole notice period for workers in an outplacement scheme.
Commentary
For part-time workers, the right to be absent for job search is granted in proportion to the number of hours worked.
Additional metadata
Cost covered by
Employer
Involved actors other than national government
National government
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
Bureau d'avocats Claeys and Engels (2008), La loi du 3 juillet 1978, 30 ans après... vue sous un angle différent - De Arbeidsovereenkomstenwet, na 30 jaar ... anders bekeken, 1ère Edition, Larcier, Bruxelles
De Roy, Debray, Delvoie, Jacqmain, Leclercq, Michaux, Neven, Rijckaert, Van Gehuchten, van Wassenhove and Wantiez (2008), Les 30 ans de la loi du 3 juillet 1978 relative aux contrats de travail, Larcier, Bruxelles
Eurofound (2015), Belgium: Time off for job search, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/time-off-for-job-search/belgium
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