Employer questionDismissal and end of contract

Must a dismissal be sent by registered letter?

Yes. A dismissal with notice by the employer must be sent by registered letter or served by a bailiff, otherwise the notice is void.

Last checked on Read the official text

Must a dismissal be sent by registered letter? A Business Centrum case manager at work in the Ghent office

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.

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Dismissal by registered letter

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