Economic redundancy: letter of dismissal

Verified 30 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The employer must inform the employee of his dismissal on economic grounds by sending him a letter of dismissal.

This letter must contain a number of mandatory particulars.

What information must be in the letter? In which time limit should it be sent? What is the consequence a letter for the employee?

We present you with the information you need to know.

The information to be included in the dismissal letter differs according to the size of the company.

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Company of less than 1000 employees

The letter of termination shall contain the following information:

  • Economic reasons (e.g. economic difficulties) and their impact on the employee's employment or employment contract (e.g. job loss).
  • Possibility to benefit from a re-hire priority for 1 year from the date of termination of the employment contract and conditions for its implementation

In principle, the employer signs the letter of dismissal.

He may delegate to another person belonging to the company to sign the dismissal.

If the dismissal on economic grounds is notified during the 21-day reflection period to join the professional security contract (CSP), the employer shall:

  • Recalls the end date of the reflection period
  • Specifies that, in the event of a refusal, this letter constitutes the notification of the dismissal.

Company of 1000 or more employees

The letter of termination shall contain the following information:

  • Economic reasons (e.g. economic difficulties) and their impact on the employee's employment or employment contract (e.g. job loss).
  • Possibility to benefit from a re-hire priority for 1 year from the date of termination of the employment contract and conditions for its implementation
  • 8-day response time to accept reclassification leave

In principle, the employer signs the letter of dismissal.

He may delegate to another person belonging to the company to sign the dismissal.

Please note

Failure to reply within 8 days shall be considered a refusal.

The deadline for sending the dismissal letter varies according to the number of employees dismissed for economic reasons over the same 30-day period.

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Individual dismissal

Employer must wait 7 working days minimum from date of pre-maintenance before sending the letter of termination.

When the employee is an executive, the employer must wait 15 working days before sending the letter.

Between 2 and 9 employees

Employer must wait 7 working days minimum from date of pre-maintenance.

Between 10 and 49 employees

The employer must wait a minimum of 30 days from notification from the proposed dismissal by the employer to the Dreets: titleContent.

50 or more employees

The dismissal shall be notified by registered letter after the validation or approval of the employment protection plan (ESP) by the Dreets: titleContent.

The employer shall notify the dismissal by registered letter with notice of receipt.

The notice starts running on the 1stre presentation to the employee of the letter recommended for dismissal by the postal services.

The employee may contest his economic dismissal within  12 months who follow his notification.

The prud'homme council is competent.

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