Up until today, in individual employment relationships, Saturday is generally a business day in Belgian labour law. This is relevant notably for those notifications which are subject to strict procedural rules. From 1 January 2023, this rule will change.
Termination of employment contracts
The most obvious examples are termination of employment contracts on notice (for indefinite and sometimes definite term contracts) and termination of employment contracts for serious cause.
The first set of rules requires notification of the notice by registered mail, and a registered letter is deemed to produce its legal effects the third day after mailing. For the notice period to start on the Monday of a particular week (on which day notice starts running since the Single Status Act of 26 December 2013), the registered letter must have produced its effect by the latest on the last business day of the preceding week. Until now, that is a Saturday; hence, notice letters can be sent on Wednesday of a given week to have the notice period commence the following Monday.
The second set of rules – with more dramatic consequences in case of failure to comply – concerns the procedure of dismissal for serious cause.
The dismissal must, by law, be notified by the latest within three working days from the day that the person authorised to dismiss knows the facts and the circumstances that led up to the dismissal for serious cause. Moreover, within an additional three business days after the...
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