The Termination Of Contract Of Employment document is a essential legal instrument used in Belgian employment relationships when ending an employment contract. It must be drafted in accordance with Belgian employment law, particularly the Act of 3 July 1978 on Employment Contracts and Collective Labour Agreement No. 109. This document is required whenever an employment relationship is terminated, whether through employer initiative, mutual agreement, or for cause. It must include specific elements mandated by Belgian law, such as proper notice periods, termination justification, final payment calculations, and information about continuing obligations. The document serves as official record of the termination and outlines all rights and obligations of both parties during and after the notice period, including requirements for social documentation and potential outplacement services.
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1. Company Header: Official company letterhead with full legal entity details
2. Employee Information: Full name, address, and employee ID of the recipient
3. Date: Official date of the termination notice
4. Subject Line: Clear indication that this is a termination notice (Notification of Employment Contract Termination)
5. Confirmation of Termination: Clear statement confirming the termination of employment
6. Effective Date: Specification of the last working day, considering notice period requirements
7. Notice Period Details: Length of notice period and how it will be served or paid in lieu
8. Final Payment Information: Details of final salary, outstanding vacation pay, and other entitlements
9. Company Property: List of company items to be returned and process for return
10. Post-Employment Obligations: Reminder of continuing obligations (confidentiality, non-compete if applicable)
11. Administrative Procedures: Information about final paperwork, certificates, and administrative requirements
12. Signature Block: Space for employer signature and title
1. Reason for Termination: Required under CLA 109 for terminations not during trial period or for serious cause
2. Garden Leave Provisions: Include when employee will be placed on garden leave during notice period
3. Immediate Termination Details: Used in cases of serious misconduct or immediate termination with payment in lieu
4. Outplacement Services: Required for employees entitled to outplacement support under Belgian law
5. Non-Compete Reminder: Include if employment contract contained non-compete clauses
6. Collective Dismissal Information: Required when termination is part of a collective redundancy
7. Mutual Agreement Terms: Used when termination is by mutual consent
8. Special Protection Status: Additional provisions for protected employees (e.g., union representatives, pregnant workers)
1. Schedule A - Calculation of Final Payments: Detailed breakdown of final salary, holiday pay, bonuses, and any other entitlements
2. Schedule B - Company Property Checklist: Itemized list of company property to be returned
3. Schedule C - Notice Period Calculation: Detailed calculation of notice period based on seniority and position
4. Schedule D - Social Documents: Forms C4 (unemployment certificate) and other required social documents
5. Schedule E - Outplacement Details: If applicable, details of outplacement services and procedures
6. Appendix 1 - Exit Procedures: Checklist of administrative procedures for employee departure
7. Appendix 2 - Reference Letter: Standard form of employment certificate and reference letter
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