Rédiger une lettre de licenciement conforme au droit belge
Christian Lambertsen
How to Write a Legally Compliant dismissal letter in Belgium
This step-by-step guide explains how to draft and send a dismissal letter compliant with Belgian labor law. It’s intended for employers, HR managers, and executives seeking to meet their legal obligations and avoid disputes when terminating an employment contract. You’ll learn how to identify valid reasons for dismissal, compose a compliant letter, and deliver it correctly.
What You’ll Need
- Access to the Collective Labor Agreement No. 109 on dismissal motivation
- Calculation of the notice period (based on seniority, contract type, salary)
- Word processor (e.g., Word, LibreOffice)
- Legal delivery method: registered letter or bailiff service
- Optional: Official template from Securex or UCM
- Time required: approximately 1–3 days
Step 1: Identify Reasons and Timing for Dismissal
Before writing the letter, ensure the dismissal is legitimate and verify the conditions of the employment contract.
- Analyze the employee’s situation: seniority, salary, category (worker/employee).
- Select the type of dismissal: with notice, without notice, or for serious cause.
- Decide whether to state the reason in the letter (optional but recommended).
Expected result: You have a clear understanding of the legal and technical foundations for the dismissal.
Pro Tip: For complex cases, consult a lawyer or use an AI legal assistant for secure review.
Step 2: Draft the Dismissal Letter
Compose the letter ensuring all legally required elements are included and the correct language and formalities are used.
- Date and place of drafting.
- Employer’s name or authorized representative.
- Employee’s name and contract reference.
- Start date and notice period duration.
- Language requirement based on region (French or Dutch).
- Compensation amount (if applicable).
- Signature and title (e.g., HR Director).
Example Structure
[City], [Date]
To: [Employee Name],
In accordance with your employment contract, we hereby notify you of the termination of your contract, effective [start date of notice period].
The notice period is [xx] weeks.
Compensation payable: [amount, if applicable].
Sincerely,
[Employer name, position, and signature]Model template including essential legal information and structure.
Expected result: You have a clear, compliant dismissal letter meeting all formal requirements.
Step 3: Send the Dismissal Letter
Delivery must follow strict legal procedures to ensure validity of the notice period.
- Choose a delivery method: Registered letter with acknowledgement of receipt or bailiff service.
- Respect notice period calculation rules:
- Registered mail: effective Monday after the third working day following dispatch.
- Bailiff service: effective Monday after service notification.
Expected result: The employee is validly informed, and the notice period legally begins.
Step 4: Verify the Document’s Compliance
Before sending, carefully proofread your letter for completeness and accuracy.
- Is the notice period correctly calculated?
- Is the letter written in the legally required language?
- Is the signature included?
- Have all required mentions been added?
Pro Tip: Use a contract management tool to automate verification and prevent recurring errors.
Step 5: Know the Procedural Alternatives
Depending on the situation, special dismissal types may apply:
- For serious cause: immediate dismissal, mandatory justification, no notice.
- Without notice: allowed with compensatory indemnity.
- Economic or technical dismissal: follow collective labor law procedures.
Step 6: Avoid Common Mistakes
| Common Error | Risk | Solution |
|---|---|---|
| Omitting notice duration | Null and void letter | Use an official calculator |
| Wrong language | Invalid document | Translate according to regional law |
| Missing date or signature | Potential dispute | Always verify before sending |
| Omitting dismissal reason | Possible fine (two weeks’ salary) | Provide reasons upon employee request |
Verify Your Setup
After preparing the letter, perform a final compliance check.
- Ensure consistency between the letter, notice period, and contract.
- Check deadlines based on the chosen notification method.
- Archive a signed copy in the employee’s file.
Test tip: Verify that the notice period matches the statutory requirement. If yes, your letter is ready for dispatch.
Common Issues & Solutions
- If the letter is returned undelivered, resend promptly and document the attempt.
- If notice dates are wrong, issue a corrected notice immediately.
- If the employee disputes dismissal reasons, provide justification referencing law or internal policy.
Key Takeaways
- Always indicate dismissal reasons to avoid legal disputes.
- Confirm compliance with regional language requirements.
- Send via registered mail or bailiff for legal effect.
- Double-check calculations and signatures.
- Consult official templates from Securex, UCM, or official employment site.
Next, create an internal compliance report to document the termination process. Follow our guide on automated compliance reports for full HR traceability.
