What effect does part-time work have on the calculation of severance pay in the event of dismissal? By definition, a part-time employee has a lower salary than a colleague who does the same job full-time, but does this also apply to severance pay?
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?
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.
Since 2011, the Belgian Federal Public Service Employment, Labour and Social Dialogue has published quarterly statistics on collective redundancies on the website www.employment.belgium.be. The number of collective redundancies announced in 2017 was remarkably low: 3,829. Compared to the record years 2012-2013, there was even a drop by 77%! However, the beginning of 2018 was another tough period, with 2,405 jobs in the first quarter.
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.