JC 323: Dismissal of a caretaker, what about the accommodation?

The provision of accommodation is a benefit that is inextricably linked to the performance of the employment contract. Therefore, if the employment contract ends, the right to occupy should also end immediately. Attention: this is not the case in JC 323!

Manner of termination of the employment contract

The basic premise is that your caretaker has 3 months to look for new accommodation.

We distinguish the following situations:

1. The employment contract is terminated immediately upon payment of a notice period or due to force majeure: the caretaker is allowed to stay in the caretaker's accommodation or equivalent accommodation for another 3 months;
2. In the event of dismissal with a notice period of more than 3 months, the caretaker retains the right to stay in the caretaker's accommodation (or equivalent accommodation) during the entire notice period;
3. If the employment contract is terminated with a notice period 3 months or less, the caretaker is allowed to stay in the caretaker's accommodation or equivalent accommodation for another 3 months.

Exception: For acts that are the subject of criminal prosecution and for which proceedings have been instituted, residence in the caretaker's accommodation is not guaranteed. Alternatively, equivalent accommodation will be provided for 3 months.

Formalities

The conditions of this right to residence are agreed between the employer and the caretaker, with the 'rent' not exceeding the benefit in kind already granted.

For practical guidance and advice on this subject, please contact our Legal Partners by phone on 02/549.30.20 or send an email to legalpartners@partena.be (legal information only). For more general information, consult, as always, your Payroll Consultant.

Source: Collective bargaining agreement of 2 December 2021 concerning the right to reside in the caretaker’s accommodation after dismissal by the employer or termination of the employment contract due to force majeure (JC 323).