Belgium: lawyers assess legal application of requirement for employers to justify dismissals

In an article published by Belgian economics and finance magazine Tendances on 10 May (available here in French), several lawyers specialised in employment law offer their conclusions after an analysis of the 245 judicial rulings related to the requirement for employers to justify dismissals. Since 2014, employers have been obliged to provide justification when they terminate an employment contract, when the employee in question requests this (see articles n°8177 and 8166). Previously, this obligation only applied to blue-collar workers. Four years on, how has the obligation been applied by judges in the country?
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

According to lawyers Anne-Valérie Michaux, Sophie Gérard and Sophie Sottiaux, from law firm Reliance, employers “have been slightly traumatised” by the new requirement to justify lay-offs. The trio add: “They believe that a lot of material is needed to enact a dismissal. But they’re wrong. The majority of courts believe a relatively general explanation of their reasoning is sufficient.” They highlight brief explanations that were deemed acceptable by labour courts, such as “a lengthy absence th

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
EU: list of new CSRD reporting standards finalised
On 4 December, the European Financial Reporting Advisory Group (EFRAG) presented the revised list of reporting indicators under the EU Corporate Sustainability Reporting Directive (CSRD), which...
5 December 2025
2
EU: co-legislators strike agreement on Omnibus Directive
The European Parliament and the Council of the EU reached an agreement on the night of 8 December on the weakening of the directives on corporate sustainability reporting (CSRD) and corporate...
9 December 2025
3
EU: Parliament formally adopts omnibus, diluting due diligence rules
On 16 December, the European Parliament formally approved the omnibus package amending the EU corporate sustainability reporting and due diligence directives. Their application has been pushed...
16 December 2025