Employer questionDismissal and end of contract

Can an employer refuse a resignation?

No. An employer may not refuse a resignation: an employee with an open-ended contract may always give notice, provided they respect their notice period.

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Can an employer refuse a resignation? A Business Centrum case manager at work in the Ghent office

Why an employer may not refuse a resignation

Article 37 of the Employment Contracts Act gives either party the right to end a contract of indefinite duration with notice. The employee does so with a written document handed to you, a registered letter or a bailiff's writ. Your signature on the copy only counts as acknowledgement of receipt, not as agreement. The employee's notice period depends on their seniority and is at most 13 weeks.

Exceptions

You can, however, agree together on a shorter period or an end by mutual agreement; that is then a choice made by both sides. The employee cannot simply end a fixed-term contract early: the rules of Article 40 apply there.

What is the risk?

There is nothing to refuse: properly served notice is valid. If the employee stops without working their notice period and without agreement, they owe you compensation in lieu of notice for the period not worked (Article 39).

What to do

Confirm receipt, check the notice period and plan the social documents for the end. If you want to let the employee go earlier, record that agreement in writing.

Has an employee resigned and do you want to know what needs to happen now?

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Sources

Every amount and deadline on this page was checked against these official sources, last consulted on .

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Refusing a resignation

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