For employers, understanding an employee's obligations when resigning is crucial to ensuring a smooth transition and protecting the company's interests. Notification, notice periods and conduct during this period: here are the main rights and obligations to be aware of.
Resigning: a voluntary and formal act
A worker may resign at any time, without having to justify his or her reasons. However, the resignation must be formal and comply with certain rules:
- Resignations must be communicated to the employer in writing. This document may be a registered letter or hand-delivered with acknowledgement of receipt. This ensures that the employer is fully informed of the employee's intention to leave his or her post.
- The letter must specify the effective date of resignation and the notice period (except in the case of resignation without notice, where the employee compensates the employer financially).
Respecting notice periods
In Belgium, the law states that when an employee resigns, he or she must respect a notice period that varies according to his or her length of service with the company. This notice period is calculated in weeks and its duration is set as follows (for contracts concluded after 2014):
- For a worker with less than 6 months' seniority, the notice period is 2 weeks.
- For employees with between 6 months and 5 years' service, the notice period is 4 to 6 weeks.
- For employees with more than 20 years' service, the notice period may be up to 13 weeks.
During this notice period, the employee is required to continue working, unless an agreement can be reached with the employer for an immediate departure.
What an employee can do during the notice period
- Look for a new job: a worker is entitled to free time to look for another job during the notice period. These hours vary according to the length of the notice period. In general, they are 1 day or 2 half-days per week. These times must be agreed with the employer.
- Remain professional: Even if the resignation has been communicated, the employee must continue to provide quality work until the last day of the contract, respecting his or her professional obligations.
- Negotiate the reduction or elimination of the notice period: It is possible to discuss shortening the notice period with the employer. If both parties agree, the employee can leave the company earlier.
What an employee can't do
- Unilaterally terminate the notice period without compensation: If the employee does not wish to respect the notice period, he or she is obliged to pay compensation to the employer, generally equivalent to the salary he or she would have received during the notice period.
- Start work for a direct competitor: During the notice period, workers may not start work for a direct competitor without the agreement of their current employer. This could constitute a breach of loyalty, liable to result in sanctions.
- Disclosing confidential information: Even after the end of the contract, the employee must comply with any confidentiality or non-competition clauses that may be included in the employment contract. Disclosing sensitive information could result in legal proceedings.
Resignation without notice
In certain extreme situations, a worker may decide to leave his or her job without notice, but there are consequences. This option is generally used in cases of serious misconduct on the part of the employer, such as abusive behaviour or non-payment of salary. The worker must be prepared to prove these facts in the event of a dispute.
Compensation and benefits
A resigning employee loses certain job-related benefits, such as redundancy pay, unless the employer waives the notice period or decides to terminate the contract prematurely. What's more, in Belgium, voluntary resignation may affect unemployment benefit entitlements: the ONEM/RVA (‘National Employment Office’) may consider that the person has left their job voluntarily and temporarily suspend benefits.
Conclusion
Resigning in Belgium is a process governed by strict rules designed to protect both the employee and the employer. To ensure a smooth transition, it is essential to communicate well with your employer, to respect the legal deadlines and not to harm the company, even in the last few weeks of employment.
Each stage must be carefully planned to avoid any conflicts or misunderstandings, and to ensure a professional transition that respects the rights and obligations of both parties.
You may also be interested in this article: What protective measures are available to pregnant women?
Development and Partnerships Manager Partena Professional