General outplacement scheme: what will change?

The Act of 15 January 2018 establishing various provisions with regard to work provides for an amendment of the regulation on the general outplacement scheme. This amendment relates specifically to the rule which specifies that the employer has the right to deduct 4 weeks from the period covered by the severance pay granted to the employee who has been laid off.

Principle

An employee who has been laid off with severance pay of at least 30 weeks’ notice (or pay in lieu of that part of such notice still to run) is entitled to:

• 60 hours of outplacement worth the equivalent of 1/12th of his annual pay for the calendar year preceding dismissal equal to a value of between €1,800 and €5,500. For part-time employees, the minimum and maximum values are prorated to their working hours. This outplacement is assessed at 4 weeks’ pay;
• severance pay of at least 30 weeks’ notice, or the part of that notice still to run, of which 4 weeks are deducted as the value of the outplacement.

Clarification: the employer must spontaneously make the employee a valid offer of outplacement in writing within 15 days after the employment contract has terminated. Since 1 January 2016, the period covered by the severance pay is reduced by 4 weeks, regardless of the decision of the employee who was offered outplacement (acceptance or refusal).

What‘s new

The employee who, on the basis of his treating physician's medical certificate and a medical certificate of a second physician mandated by the employer on the employer’s initiative, certifies that he is unfit to follow outplacement because of medical reasons within 7 days from the day on which he was notified of his dismissal, shall not be entitled to outplacement. In this case, the employer cannot deduct these 4 weeks from the period covered by the severance pay.

This amendment becomes effective on 15 February 2018.

Source: article 52 of the Act of 15 January 2018 establishing various provisions with regard to work, Belgian Official Gazette of 5 February 2018.

Author: Catherine Legardien

09/02/2018