How to calculate seniority for the severance pay?

Verified 26 April 2023 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who is dismissed is entitled to statutory severance pay if he at least 8 months' seniority. This fee is calculated from the day on which the employer sends the registered letter of dismissal.

Which contract suspension periods are taken into account in full? Which contract suspension periods are partially taken into account? Are there periods that are not taken into account?

We're doing an update on the regulations.

The employee's seniority is calculated by taking into account the work carried out with the same employer continuously (except treaty provisions more favorable to the employee).

Seniority is recorded on the employee's pay slip.

Certain periods of suspension of contract are taken into account in full or in part and others are excluded for the purpose of determining seniority.

Leave for family reasons

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Training leave

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Work stoppage for accident or occupational disease

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Other situations

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Seniority is taken into account partially for the calculation of severance pay in the following situations:

  • In the case of discontinuous contracts, seniority shall be taken into account from last contract entry date
  • In case of a hiring in the user company after a temporary employment contract, the length of service taken into account is maximum 3 months
  • In the event of acceptance of the professional security contract (CSP)
    in the case of an economic dismissal, the seniority taken into account is that which the employee would have had if he had made his notice (even if the contract is terminated at the end of the 21-day period)
  • In the event of non-professional incapacity, the notice must be included in the employee's seniority, even if he is not performed and the employment contract is terminated immediately
  • Seniority shall be taken into account for half for the purpose of calculating severance pay on a parental leave for full-time education.

Seniority is not taken into account for the calculation of severance pay in the following situations:

FYI  

In the event of incapacity for work, the compensation for notice which is of a compensatory nature is not included in seniority.

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