Exceptions to standard notice periods are coming to an end from 1 January 2018!

The exceptions to the standard notice periods still in force for manual workers in certain sectors may no longer be used from 1 January 2018. From this date, the standard system of notice periods will apply to all workers.

Standard system/system of exceptions: a quick reminder

On 1 January 2014, the harmonised status law introduced new identical notice periods for manual and non-manual workers.However, these “standard” notice periods do not apply to all manual workers. Specifically, provided that they satisfy certain criteria, exceptions to the standard notice periods apply to manual workers falling under certain joint committees until 31 December 2017.

System of exceptions: to which manual workers does it apply?

Initially, provision was made for the exceptions to standard notice periods to apply, until 31 December 2017 at the latest, to manual workers falling under the following 12 joint committees: no. 109, 124, 126, 128.01, 128.02, 140.04, 142.02, 147, 301.01, 324, 311 and 330.03 (see Infoflash of 28 March 2014 - Exceptions to standard notice periods: to which workers do they apply?)

However, these joint committees had the option of concluding a collective labour agreement providing for an earlier transition to the standard system of notice periods. This option was taken up by 8 joint committees. Therefore, the exceptions to the standard notice periods are still applicable to manual workers belonging to 4 joint committees. These are joint committees no. 124, 126, 301.01 and 324.

Important! The harmonised status law provided for the application of permanent exceptions to the standard notice periods for certain manual workers falling under joint committees no. 124 and 126. However, in a judgment handed down on 17 September 2015, the permanent application of exceptions to the standard notice periods in these two sectors was declared void by the Belgian Constitutional Court. The exceptions to standard notice periods are therefore applicable until 31 December 2017 to all manual workers belonging to joint committees no. 124 and 126 (see Infoflash of 25 September 2015 - Harmonised status: system of permanent exceptions to standard notice periods declared void by the Belgian Constitutional Court).

Application of the standard system of notice periods from 1 January 2018

From 1January 2018 [1], the standard system of notice periods will also apply to all manual workers belonging to joint committees no. 124, 126, 301.01 and 324. This means that, in the case of both resignation and dismissal, the following rules will apply depending on whether the contract of employment came into force before or from 1 January 2014 (see the Infoflashes of 9 December 2013 and 12 December 2013).

Manual workers whose contracts came into force from 1 January 2014 are subject to the notice periods (depending on their length of service) established as part of the harmonised status (notice period in weeks).

However, manual workers whose contracts came into force before 1 January 2014 are entitled to a notice period calculated based on the double-click system, which involves adding two parts:

• part 1: notice period determined based on length of service acquired as of 31 December 2013 in accordance with the rules in force on 31 December 2013;
• part 2: notice period determined based on length of service acquired from 1 January 2014 in accordance with the rules established as part of the harmonised status (notice period in weeks).

Other consequences of the ending of the system of exceptions

The ending of the system of exceptions to standard notice periods also has consequences for the application of two other regulations.

Reasons for dismissal

From 1 January 2018, the rules on reasons for dismissal provided for in collective labour agreement no. 109 will also apply to manual workers belonging to joint committees no. 124 and 126 to which the exceptions to the standard notice periods were initially meant to apply permanently. These are the only manual workers to whom the rules on unfair dismissal provided for in article 63 of the law of 3 July 1978 on employment contracts still apply, such as in force as at 31 March 2014[2].

Compensatory dismissal allowance

Manual workers falling under joint committees no. 124, 126, 301.01 and 324 (to whom the exceptions to the standard notice periods apply until 31 December 2017) whose contracts came into force before 1 January 2014 and who are dismissed from 1 January 2018 will, where they fulfil all the criteria, also be entitled to a compensatory dismissal allowance paid by the Belgian National Employment Office (ONEM/RVA).

[1] The standard notice periods will apply to all dismissals and resignations notified from 1 January 2018.However, the exceptions to the standard notice periods will continue to apply to any contract terminations notified before 1 January 2018 or, more specifically,

- in the case of termination with notice:

• by the sending of a registered letter, no later than Wednesday, 27 December 2017 (since the notice is only deemed to have been received on the 3rd business day after the date of posting);
• by bailiff's notice served no later than 31 December 2017;
• by a hand-delivered letter (solely in case of resignation) no later than 31 December 2017.

- in the case of termination with payment in lieu of notice: by notification (verbal or written) of the decision to terminate the contract no later than 31 December 2017.

[2] The rules on reasons for dismissal provided for in Collective Labour Agreement no. 109 apply to all dismissals notified from 1 April 2014. Nevertheless, workers to whom the exceptions to the standard notice periods apply on a temporary basis (i.e. certain manual workers falling under joint committees no. 124, 126, 301.01 and 324) were excluded from the scope of Collective Labour Agreement no. 109 until 31 December 2015. Until this date, the rules on unfair dismissal provided for in article 63 of the law of 3 July 1978 on employment contracts, in force as at 31 March 2014, also applied to them. These manual workers were brought within the scope of Collective Labour Agreement no. 109 from 1 January 2016.