The Separation Letter is a crucial document in Belgian employment law, used to formally communicate and document the termination of an employment relationship. It must be prepared in accordance with the Belgian Employment Contracts Act and related legislation, including Collective Bargaining Agreement No. 109. This document is required whenever an employer terminates an employee's contract, whether for cause or without cause, and must include specific elements such as notice period details, final payment calculations, and information about social documents. The letter serves multiple purposes: it provides legally required written notice of termination, documents the terms of separation, outlines any post-employment obligations, and helps ensure compliance with Belgian employment law requirements. Special attention must be paid to notice period calculations and mandatory content requirements, as Belgian law provides strong employee protections and specific procedural requirements for employment termination.
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1. Company Letterhead and Date: Official company letterhead with full legal entity name, address, and current date
2. Employee Information: Full name and address of the employee
3. Subject Line: Clear indication that this is a termination notice (e.g., 'Notice of Termination of Employment Contract')
4. Termination Statement: Clear statement of the employment contract termination, including the effective date
5. Notice Period Details: Specification of notice period duration and whether it will be worked or paid in lieu
6. Final Payment Information: Overview of final salary, holiday pay, and any other outstanding payments
7. Company Property: Instructions regarding the return of company property
8. Final Formalities: Information about exit procedures and final administrative steps
9. Signature Block: Space for employer's signature, name, and title
1. Reason for Termination: Required if specifically requested by employee under CBA 109, or if termination is for cause
2. Garden Leave Provisions: Include if the employee will be placed on garden leave during the notice period
3. Non-Compete Reminder: Include if the employment contract contained non-compete clauses that remain in effect
4. Outplacement Services: Required for employees entitled to outplacement support under Belgian law
5. Reference Offer: Optional offer to provide employment references
6. Continued Benefits: If any benefits will continue post-employment
7. Special Arrangements: Any specific agreements reached regarding the termination
8. Acknowledgment Section: Space for employee signature if receipt confirmation is desired
1. Calculation of Final Payments: Detailed breakdown of all final payments including salary, holiday pay, bonuses, and any other benefits
2. Inventory of Company Property: List of company property to be returned
3. Social Documents: Required Belgian social documents including C4 (unemployment certificate), employment certificate, and holiday certificates
4. Outplacement Details: Information about outplacement services if applicable
5. Benefits Summary: Detailed information about the treatment of benefits post-termination
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