Why a dismissal must go by registered letter
Article 37 of the Employment Contracts Act gives the employer only two ways to give notice: a registered letter, which takes effect 3 working days after it is sent, or a bailiff's writ. The notice states the start and length of the notice period. Notice you simply hand over or email is void: the court establishes this of its own motion and the employee cannot remedy it.
Exceptions
In the joint committee for inland navigation, the employer may also hand over the notice against signature. Different rules apply to dismissal for serious cause: you notify the reason within 3 working days of the dismissal, by registered letter, through a bailiff or by handing over a written document.
What is the risk?
Void notice does not start a notice period. If you end the working relationship anyway, you risk paying compensation in lieu of notice for the notice period that did not run (Article 39).
What to do
Send the notice letter by registered post, state the start and length of the notice period, and count the start only from the correct day. If you also give the employee a copy, that is an extra, not a substitute.
Do you need to dismiss someone and want the letter to be right?
Read next
Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .
