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Modification of the Procedure for Collective Dismissals

Posted on September 3, 2009 by Claeys & Engels
On 19 June 2009, a Royal Decree modifying the procedure that should be followed in the event of a collective dismissal was published in the Belgian Official Gazette, From now on, in the event of a collective dismissal, the employer must also communicate the announcement of the envisaged collective dismissal and the announcement of the decision to effect such collective dismissal to the federal government.

The documents that should be used for such announcement are available on the website of the FPS Employment, Labour and Social Dialogue. The document that must be used in case of the decision to proceed to a closure can also be found on the website.

This new measure extends the information- and consultation procedure that must be followed by any employer contemplating a collective dismissal.

The collective dismissal procedure already included the obligatory announcement to the employee(s) (representatives) and to the VDAB/FOREM/Actiris. To this is thus now added the announcement to the FPS Employment, Labour and Social Dialogue.

This new requirement is applicable to collective dismissals announced as from 19 June 2009.
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