What are the legal requirements for a dismissed Belgian employee to benefit from mandatory outplacement services?

Question from Options, What are the legal requirements for a dismissed Belgian employee to benefit from mandatory outplacement services?

Answer from AI:

In Belgium, outplacement services are a form of support provided to employees who have been dismissed. These services aim to help the dismissed employee find a new job or start an independent activity. The legal requirements for a dismissed Belgian employee to benefit from mandatory outplacement services are governed by the Collective Labour Agreement No. 82bis (CLA 82bis) and the Royal Decree of 9 March 2014.

Eligibility for Outplacement Services

According to the CLA 82bis, the following conditions must be met for a dismissed employee to be eligible for outplacement services:

• The employee must be dismissed (not resigned) and the dismissal must not be for serious misconduct.
• The employee must have a notice period of at least 30 weeks or a corresponding severance pay.
• The employee must not have reached the statutory retirement age at the time of dismissal.

Procedure for Requesting Outplacement Services

The procedure for requesting outplacement services is as follows:

1. The employer must offer outplacement services in writing within 15 days of the end of the employment contract.
2. The employee has 4 weeks to accept or reject the offer.
3. If the employee accepts the offer, the outplacement services must start within 2 months of the acceptance.

Exceptions and Special Cases

There are some exceptions and special cases where the above rules do not apply. For example, employees who are dismissed due to restructuring or bankruptcy may be eligible for outplacement services even if they do not meet the above conditions.

It’s important to note that this is a general explanation and the specific circumstances of each case can affect the eligibility for outplacement services. Therefore, it’s recommended to consult with a legal professional for personalized advice.

For more information, you can refer to the Belgian Federal Public Service Employment, Labour and Social Dialogue website and the European Monitoring Centre on Change (EMCC) website.