Outplacement: key points after 10 years of unity statute

The unity statute act, which introduced new dismissal rules for blue-collar and white-collar workers, celebrates its 10th anniversary this year. One of the pillars of the dismissal system is the extension of the right to outplacement to help dismissed workers find a new job more quickly.

General outplacement scheme

All employees dismissed with at least 30 weeks' notice or compensation are entitled to outplacement assistance under the law. This is known as the ‘general scheme’. However, the old ‘special scheme’ still applies to employees aged 45 or over and with at least one year's seniority at the time of dismissal, but whose notice period or compensation is less than 30 weeks. The general outplacement scheme therefore takes priority.

Cost of outplacement

Under the general outplacement scheme, a worker dismissed in return for payment of compensation in lieu of notice equal to at least 30 weeks‘ pay is entitled to 60 hours’ outplacement, corresponding to the value of one twelfth of the annual pay for the calendar year preceding the dismissal, with a minimum value of EUR 1,800 and a maximum value of EUR 5,500 (excluding VAT). It should be noted that these amounts have not yet been indexed since 1 January 2014.

Deduction of four weeks' pay

The employer must offer to redeploy the employee within fifteen days of the termination of employment, in return for payment of compensation in lieu of notice. This offer must be made by recorded delivery. In this case, the employer may deduct four weeks' pay from the compensation in lieu of notice, even if the employee does not accept the offer.

Many employers wonder whether the deduction of four weeks' pay should be capped at the legal maximum of EUR 5,500. Most labour courts have confirmed that the law does not impose a ceiling. It only refers to ‘four weeks’ pay’, without mentioning a maximum amount. The four weeks' pay is calculated in the same way as the compensation in lieu of notice, i.e. including all benefits acquired under the employment contract (meal vouchers, insurance, etc.). In this way, the employer can deduct an amount greater than the value of the outplacement offer.

Employees who, within seven days of being notified of their dismissal, can prove by means of a medical certificate that they are medically unfit to undergo professional outplacement cannot have the deduction applied to them. As a result, these workers are also not entitled to outplacement.

Damages and interests?

An employee may claim damages if the employer fails to offer an outplacement as provided for under the general outplacement scheme. In such cases, the employer will not be able to withhold the four weeks' pay. In addition, the employee may be awarded damages under article 1382 of the former Civil Code.

Olivier WOUTERS
Lawyer – Associate CLAEYS & ENGELS