Following the Act of 3 October 2022 on various provisions relating to employment, known as the Labour Deal Act, article 39ter of the Act on Employment Contracts was amended.
Belgium Employment and HR
Following the Act of 3 October 2022 on various provisions relating to employment, known as the Labour Deal Act, article 39ter of the Act on Employment Contracts was amended. This article provides the legal basis for employability-enhancing measures. Since 1 January 2023, employees, who have a notice period of at least 30 weeks, are obliged to follow employability-enhancing measures, whereby the notice period is converted into a package of dismissal measures consisting of two parts. A new Act to reform the financial aspect of these measures is approved by the Federal Parliament on 8 May 2024 (but still needs to be published), which deals with the value and financing of the measures and the procedure for repayment of the measures. What follows in this article is an explanation of what has changed since the modifications by the Labour Deal Act and what will change with the current reforms by the new Act.
Before the modifications by the Labour Deal Act, an employee who is dismissed with at least 30 weeks' notice or corresponding severance pay received a severance package that includes employability-enhancing measures, such as, e.g., additional outplacement assistance, career counselling, training or retraining. It was up to...
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