The Dismissal Letter For Misconduct is a critical document in Belgian employment law used when an employer needs to terminate an employment contract immediately due to serious misconduct. It must be issued within three working days after the employer becomes aware of the facts constituting serious cause, as mandated by Belgian law. The letter must detail specific incidents, dates, and circumstances that justify immediate termination without notice or compensation. This document is particularly sensitive as it must meet strict legal requirements under Article 35 of the Belgian Employment Contracts Act and may be scrutinized in legal proceedings. The serious misconduct cited must be of such nature that it immediately and definitively makes any professional cooperation between the employer and employee impossible.
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1. Header Information: Company letterhead, date, delivery method (registered mail reference), and employee's contact details
2. Subject Line: Clear indication that this is a dismissal for serious cause ('licenciement pour motif grave'/'ontslag om dringende reden')
3. Factual Description: Detailed and specific description of the misconduct events, including dates, times, and circumstances
4. Legal Qualification: Explanation of how the described facts constitute serious misconduct under Belgian law
5. Immediate Termination Declaration: Formal statement of immediate contract termination without notice or compensation
6. Final Payment Information: Details of final salary payment and any outstanding amounts
7. Signature Block: Employer's authorized representative signature, name, and title
1. Company Property Return: Include when employee has company assets to return (laptops, keys, documents)
2. Ongoing Obligations: Include when reminder of confidentiality or non-compete obligations is necessary
3. Healthcare Insurance Continuation: Include when applicable for ensuring employee awareness of post-employment healthcare rights
4. Reference to Prior Warnings: Include when the serious misconduct follows previous documented warnings
5. Legal Representation Notice: Include when company policy or circumstances suggest informing employee of right to legal representation
1. Evidence Documentation: Copies of relevant evidence supporting the misconduct claims (witness statements, reports, etc.)
2. Previous Warning Letters: Copies of any relevant prior warning letters or disciplinary actions
3. Company Policies: Excerpts of relevant company policies that were violated
4. Handover Instructions: List of ongoing projects, responsibilities, and handover requirements
5. Property Checklist: Itemized list of company property to be returned
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