Dismissal Settlement Agreement Template for Belgium

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Key Requirements PROMPT example:

Dismissal Settlement Agreement

"I need a Dismissal Settlement Agreement under Belgian law for a senior software developer who is leaving due to restructuring, with a settlement payment of €75,000 and including non-compete provisions for 12 months in the Benelux region."

Document background
The Dismissal Settlement Agreement is a crucial document used in Belgian employment law when an employer and employee agree to terminate their employment relationship by mutual consent. It serves as a comprehensive settlement instrument that outlines the terms of separation, including financial compensation, notice periods, and any additional benefits. This document is particularly important in the Belgian context, where employment termination is heavily regulated and requires strict compliance with legal requirements. The agreement helps prevent future disputes by clearly documenting all aspects of the termination, including payments, waiver of claims, and ongoing obligations. It's commonly used in situations where parties wish to avoid potential litigation or when providing enhanced termination packages. The document must comply with Belgian employment legislation, including the Employment Contracts Act, social security regulations, and relevant collective bargaining agreements.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers

2. Background: Brief description of the employment relationship, including start date, position, and circumstances leading to the termination

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination Date: Specification of the official end date of employment

5. Final Payments: Details of all payments due, including salary, benefits, and holiday pay up to the termination date

6. Settlement Payment: Amount, timing, and conditions of the settlement payment

7. Tax and Social Security: Treatment of payments for tax and social security purposes

8. Waiver of Claims: Employee's waiver of legal claims against the employer

9. Company Property: Requirements for return of company property and documents

10. Confidentiality: Obligations regarding confidentiality of the agreement and company information

11. Reference: Terms regarding employment references

12. Entire Agreement: Clause confirming this document represents the complete agreement between parties

13. Governing Law: Specification that Belgian law governs the agreement

14. Signatures: Execution blocks for all parties

Optional Sections

1. Post-Employment Restrictions: Include when there are non-compete or non-solicitation obligations to be maintained

2. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

3. Intellectual Property: Include when dealing with senior technical staff or creators of IP

4. Legal Advice: Include when confirming employee has received independent legal advice

5. Communications: Include when parties need to agree on internal/external announcements

6. Outplacement Support: Include when employer is providing career transition services

7. Share Options/Benefits: Include when employee has company shares or ongoing benefits to address

8. Garden Leave: Include when there is a garden leave period before termination

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including statutory severance, notice pay, and settlement sum

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Continuing Obligations: List of relevant clauses from employment contract that survive termination

4. Appendix A - Reference Template: Agreed form of employment reference

5. Appendix B - Communication Templates: Agreed announcements regarding the employee's departure

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Professional Services

Healthcare

Construction

Education

Telecommunications

Energy

Logistics

Media and Entertainment

Real Estate

Hospitality

Pharmaceutical

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Employee Relations

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Sales Representative

Software Developer

Financial Analyst

HR Manager

Operations Manager

Marketing Director

Account Executive

Research Scientist

Administrative Assistant

Production Supervisor

Legal Counsel

Business Development Manager

Technical Specialist

Customer Service Manager

Regional Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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