Employees who are candidates in trade union elections are by law protected against dismissal, despite the fact that their employers do not yet know about their being candidates. During this hidden period, union representatives and candidates in union elections can only be dismissed for two very strictly defined reasons: economic-technical reasons and urgent reasons. Even so, an employer who dismisses an employee during this period takes a huge risk.
These days, almost everything in the relationship between employer and employee is labelled as wages, with all the consequences in terms of social security and taxation. A bonus via CLA 90 is an exception in this regard, as it is a legal system for employees, whereby only a personal social security contribution is withheld that is not subject to withholding tax on wages. It goes without saying that workers and trade unions are advocates for such a system.
The King can relinquish his claim to the throne. But can his subjects also waive their rights as employees vis-à-vis their employer? Could employees waive, for example, their rights to wages, a thirteenth-month bonus, bank holiday pay, holiday money, severance pay ... if they did not wish to receive this?
Contrary to what many may think, Belgian labour law does require employers to formally justify a dismissal. Employees can be dismissed verbally or in writing with the 'simple' announcement that they will be dismissed from a certain date. So without any detail about the motives that played a role in this dismissal. Are employees always left out in the cold when they are dismissed?
During the employment contract, an employee may become privy to business secrets or confidential information related to the employer. Employees must realise that - even if not a word is said about this in the employment contract - there is a fundamental duty of confidentiality.
When an employee is dismissed, the employer may opt for immediate dismissal, without the employee in question having to carry out any more work, or for dismissal with the employee having to work their notice. During a notice period, the employment contract continues as usual and the salary is paid at the normal times. In the event of immediate dismissal, the employer is held to pay a severance payment.
It can happen that an employer wants to change the function of an employee. If there is mutual agreement, this is, of course, perfectly possible. From a strictly legal point of view, an addendum does not even need to be drawn up. However, it is advisable to do this so that both parties know where they stand.
An employee simply fails to turn up for work. Her employer is not even informed. No form of justification, such as a medical certificate, is forthcoming. In response, the employer sends a letter by recorded delivery requesting that the employee presents herself again for work immediately or justifies her absence.