Firing staff? This is how to do it correctly
April 2023 – There are many rules and procedures associated with a dismissal. This article lists what you must adhere to as a proper employer.
Belgian SMEs are going through tough times today. And although as a business manager you may not wish it on anyone, dismissal is often the only way out. By the way, a proper motivation is legally required.
Justify the dismissal
Since 1 April 2014, every employee has the right to request written reasons for dismissal. Therefore, invariably create a dismissal file in which you include written verwittingen, notes of evaluations and the like. That way, you will be "armed" to justify the dismissal.
In the following cases, a motivation is not mandatory:
the employee has been employed for less than six months
temporary workers and job students
collective dismissal, dismissal for economic reasons or dismissal for urgent reasons.
The notice period
As an employer, you proceed to dismiss by serving a notice period. From that date, the employment contract continues to run until the stipulated (legal) term. There is also the option to terminate the employment contract immediately with payment of a compensatory notice fee.
The termination is usually done by registered letter. In it, you state the notice period and the starting date - the next Monday after the service of the notice. The service takes place on the third working day after the registered letter is sent.
Necessary discharge documents
You must provide the following documents for the dismissed employee:
unemployment certificate (C4)
tax sheet 281.10
individual account of the current year
statement of final payments
holiday certificate, if it concerns an employee
certificate of employment indicating start and end dates of the employment contract and the nature of the work performed.
Correct payment in case of dismissal
The final step in dismissal is the payment of various allowances. For example, the dismissed employee is entitled to holiday pay and possibly an end-of-year bonus. If there is a severance payment, you will also pay this.
When all these conditions are met, you can say goodbye to your employee in good conscience.
Ask your accountant
Questions about dismissal procedures? Check with your accountant.
