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anne nielsen

Question:

Hi, I´m danish and currently working as an airline pilot in belgium for 6 months. my contract is in flamish and I don´t understand that language. I want to terminate my contract, but I don´t know how long my notice period is. I have to go fly with another company, who has offered me a longterm contract. Í want to give 1 month notice, but am afraid that I won´t get paid the last month wages. Can you advise me?

by anne nielsen on 20 Jul 2010
Matthias Lommers

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Answer:

Dear Anne,

We understand that you have an employment contract for an indefinite duration that is governed by Belgian law. You are working with your Belgian employer for about 6 months. You have a job offer from another company and would like to know what notice period you must respect in order to terminate your employment contract.

Firstly, as a general rule, the Belgian labour legislation states that the notice period to be respected by an employee is as follows:

- minimum 1,5 months for employees whose annual salary is less than 30.327 EUR;
- maximum 4,5 months for employees whose annual salary is more than 30.327 EUR, but less than 60.654 EUR;
- maximum 6 months for employees whose annual salary is higher than 60.654 EUR.

Note that these rules do not apply if you would have a fixed term employment contract. During the notice period, you must continue to perform your work as usual and your employer must continue to pay your normal salary.

It is also possible that your employment contract includes a trial period and that you are still in your trial period. If this would be the case, you may terminate your employment contract by respecting a notice period of 7 days.

A third option is to seek an agreement with your employer to terminate the employment contract in mutual agreement without a notice period or a notice indemnity. In this case, the termination date of the employment contract shall be determined in the agreement.

We hope this short answer is helpful.

by Matthias Lommers on 27 Jul 2010

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