Outplacement : a legal obligation

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Outplacement is a a legal requirement in Belgium for any employer who dismisses an employee aged over 45 and/or with 30 weeks’ notice.

There are different rules depending on the type of termination:

General outplacement regime

The employer must send a valid offer of professional reintegration to any dismissed worker (regardless of age) whose notice period is at least 30 weeks or who receives an equivalent contract termination allowance.

In the new regulation, a distinction is to be made when the dismissed worker must serve a notice period or if they receive a contract termination allowance.

In case of termination allowances:

The employer must send a valid outplacement offer to the dismissed worker within 15 days of the notification of dismissal.

The dismissed worker is entitled to:

A termination allowance of at least 26 weeks.
An outplacement assistance of 60 hours over 1 year. Four weeks of their annual remuneration from the preceding calendar year (minimum €1,800 and maximum €5,500) are deducted from their termination allowances to finance their professional reintegration program.

In case of serving a notice period

The employer must send a valid outplacement offer to the dismissed worker within 4 weeks following the end of the contract. The worker has 4 weeks to accept or refuse it.

The dismissed worker is entitled to an outplacement assistance of 60 hours over 1 year. The time spent on an outplacement is deducted from the solicitation leave.

Outplacement is extended to the public sector only under the general regime.

Former special outplacement regime

A worker over 45 years old with a notice period of less than 30 weeks is still entitled to outplacement under certain conditions:

Being at least 45 years old at the time of dismissal (joint committees may lower the age at which the outplacement procedure becomes mandatory).
Not being dismissed for serious cause.
Having at least one year of uninterrupted seniority with the employer at the time of dismissal
Being employed at least part-time.
Not being of retirement pension age.

DaJobs is here for all dismissed employees!

Are you parting ways with employees whose notice period is less than 30 weeks? Although the outplacement process is not mandatory for them, you can offer them a voluntary DaJobs outplacement and thus help them re-enter the job market.

Would you like to learn more or receive an offer?

Contact DaJobs Outplacement at 02/891 30 11 or via outplacement@dajobs.be.