Employment deal: measures to promote employability

If an employee is entitled to a notice period of at least 30 weeks in the event of dismissal by the employer, the notice period is converted into a package of measures to enhance employability. 

In that event, the notice period is composed of 2 parts (also called "1/3, 2/3"):

• 1st part: this corresponds to the notice period equal to 2/3 of the notice period with a minimum of 26 weeks or to the pay in lieu of notice equal to the current remuneration (including benefits acquired under the contract) corresponding either to the duration of the notice period of this 1st part or to the part of this period still to run;
• 2nd part: this corresponds to the notice period equal to the remainder of the notice period or to the pay in lieu of notice equal to the current remuneration (including benefits acquired under the contract) corresponding to the duration of the remainder of the notice period which is not included in the notice period of the 1st part.

The amount of employer contributions due for the 2nd part will be paid by the NSSO to the ONEm/RVA to finance the employability measures.

In the event of dismissal with a notice period, the employee has the right to be absent from work with continued pay from the beginning of the notice period in order to follow employability measures for a value corresponding to the amount of the employer contributions on the notice period of the 2nd part.

In the event of dismissal with payment in lieu of notice, the employee must make himself available to follow employability measures for a value corresponding to the amount of the employer contributions on the notice period of the 2nd part.

The obligation for the employee to make himself available for employability measures ends as soon as he takes up a new job or a self-employed activity.

We are still awaiting a Royal Decree about these measures.

The employability measures must meet the quality criteria for outplacement measures (referred to in Article 11/4 of the Act of 5 September 2001 on improving the employment rate of employees), if these measures concern outplacement.

The employability measures are complementary to outplacement measures.

The employability measures do not apply when a transition path is established.

Effective date

This measure takes effect from 1 January 2023 for dismissals occurring from that date.

Source: Law of 3 October 2022 on various provisions relating to employment, articles 24 to 26, Belgian Official Gazette 10.11.2022.