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Redundancy plan and economic redundancy
Dismissing an employee with notice
An employer who dismisses an employee for a reason other than serious misconduct must give a notice period and a severance pay if he has worked in the business for 5 years or more.
If the business employs more than 150 staff members, it must conduct a pre-dismissal interview with the employee before effective dismissal can take place.
If it employs at least 15 staff members, it must also notify the Economic Committee about each dismissal not related to employee behaviour.
Who is concerned?
In principle, the employer may only dismiss with notice an employee on a permanent employment contract.
In principle, he cannot dismiss with notice an employee:
- on a fixed-term employment contract;
- on maternity leave;
- on parental leave.
The employer who terminates a fixed-term employment contract (CDD) before its term must pay compensation which equates to the total salaries that the employee would have received until the end of the contract. This amount is nevertheless limited to the amount of total salaries to be paid during the mandatory notice period in the case of a permanent employment contract (CDI).
An employer who intends to dismiss (for reasons that are not related to the employees' behaviour) at least 7 employees over a period of 30 days or at least 15 employees over a period of 90 days must use a collective redundancy procedure instead of resorting to individual dismissals.
An employer who intends to dismiss an employee for serious misconduct may resort to dismissal with immediate effect.
Dismissal procedure
| Number of staff |
Reasons related to employee behaviour (ability, employee's conduct, frequent absence or long illness) |
Reasons not related to employee behaviour (reasons related to operational necessities of the business) |
|---|---|---|
|
< 15 employees |
||
|
from 15 to 149 employees |
||
|
≥ 150 employees |
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Related form(s) and document(s)
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can be signed electronically with a Luxtrust product and sent online to the competent administration together with mandatory supporting documents, where required (scanned copies in PDF format).
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Notification des licenciements pour des raisons non inhérentes à la personne du salarié
