The Employee Dismissal Letter is a crucial document in Belgian employment law that formally communicates the termination of an employment relationship. It must be used whenever an employer in Belgium decides to terminate an employee's contract, whether for economic, performance-related, or other valid reasons. The document must comply with strict Belgian legal requirements, including adherence to notice periods specified in the Act of 26 December 2013 and motivation requirements under CBA 109. The letter serves multiple purposes: it officially notifies the employee of the termination, specifies the notice period or payment in lieu of notice, outlines final payments and benefits, and documents the return of company property. Given Belgium's protective employment legislation, the Employee Dismissal Letter must be carefully drafted to ensure legal compliance and minimize the risk of disputes.
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1. Company Header and Date: Official company letterhead, including full legal name, address, and date of the letter
2. Employee Information: Full name and address of the employee, their position, and employee ID if applicable
3. Formal Notice of Termination: Clear statement indicating the employment contract is being terminated
4. Last Working Day: Specific mention of the employee's final working day
5. Notice Period Details: Information about the notice period duration and dates, or payment in lieu of notice
6. Return of Company Property: List of company items that must be returned before or on the last working day
7. Final Payment Information: Details about final salary, holiday pay, and any other outstanding payments
8. Signature Block: Space for employer's signature, name, and position
1. Reason for Dismissal: Included when required by CBA 109 or when the employer chooses to state the reasons for termination
2. Non-Compete Reminder: Include if the employment contract contained non-compete clauses that remain in effect
3. Outplacement Services: Required for employees entitled to outplacement services under Belgian law
4. Handover Instructions: Include when the employee needs to transfer ongoing work or responsibilities
5. Reference Offer: Optional offer to provide employment references
6. Non-Disclosure Reminder: Include if there are specific confidentiality obligations that continue post-employment
1. Calculation of Final Payments: Detailed breakdown of all final payments including salary, vacation pay, bonuses, and any other benefits
2. Company Property Checklist: Itemized list of company property to be returned
3. Certificate of Employment: Official document confirming the employment period and position (required by Belgian law)
4. Social Documents: Forms C4 (unemployment document) and tax documents that must be provided upon termination
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