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?
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
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