Unfair Dismissal in Belgium: Your Rights & Legal Remedies 2026

Protection Against Unfair Dismissal in Belgium

Belgian employment law provides protection against arbitrary dismissal through a system based on the principle of manifestly unreasonable dismissal (licenciement manifestement déraisonnable). This concept was formalized by Collective Bargaining Agreement No. 109 (CCT/CAO n° 109), concluded within the National Labour Council (Conseil National du Travail / Nationale Arbeidsraad) on 12 February 2014, as part of the unified employment statute reform.

What Is CBA No. 109?

CBA No. 109 replaced the old system where blue-collar workers had limited protection against arbitrary dismissal (Art. 63 of the Employment Contracts Law, now repealed) and white-collar workers had essentially none. Under CBA No. 109, applicable to all private-sector employees:

• A dismissed employee has the right to know the reasons for their dismissal
• If the dismissal is found to be manifestly unreasonable, the employee is entitled to compensation

The Right to Know the Reasons

Under Articles 3-7 of CBA No. 109, an employee who has been dismissed may request the employer to provide the concrete reasons for dismissal in writing. Key rules:

• The request must be made by registered mail within 2 months after the end of the employment contract (or within 6 months of notification of dismissal, whichever comes first)
• The employer must respond by registered mail within 2 months of receiving the request
• If the employer fails to respond, a flat-rate penalty of 2 weeks' pay is owed to the employee

Definition of Manifestly Unreasonable Dismissal

Under Article 8 of CBA No. 109, a dismissal is considered manifestly unreasonable when it:

• Is based on reasons that have no connection to the aptitude or conduct of the employee or to the operational needs of the business, AND
• Would never have been decided by a normal and reasonable employer

Both conditions must be met. The assessment uses a marginal review standard: the court does not substitute its judgment for the employer's but checks whether the decision falls within the range of what a reasonable employer could have decided.

Compensation for Unfair Dismissal

If the Labour Court (Tribunal du Travail) finds the dismissal manifestly unreasonable, the employee is entitled to compensation of between 3 and 17 weeks' pay (Art. 9, CBA No. 109). This compensation is:

• In addition to the severance pay or notice period
• Set by the court based on the degree of unreasonableness
• Not subject to social security contributions (it is considered damages, not remuneration)

Protected Dismissals

Certain categories of employees enjoy special protection against dismissal under specific legislation. These protections go beyond CBA No. 109 and provide for higher compensation or reinstatement:

• Employee representatives (works council, CPPT/CPBW, trade union delegation): Protected under the Law of 19 March 1991 — dismissal only possible for serious cause approved by the Labour Court or for economic/technical reasons approved by a joint committee. Compensation can reach 2-8 years' pay.
• Pregnant employees: Protected from the moment the employer is informed of the pregnancy until one month after maternity leave (Law of 16 March 1971). Compensation: 6 months' gross pay.
• Employees on time credit or career break: Protected against dismissal related to the exercise of this right. Compensation: 6 months' pay.
• Employees who filed a complaint about discrimination, harassment, or violence at work: Protected under the Anti-Discrimination Laws of 10 May 2007 and the Well-being at Work Act.

EU Anti-Discrimination Framework

Belgian anti-discrimination law implements several EU directives:

• Directive 2000/78/EC: Equal treatment in employment (prohibits dismissal based on religion, disability, age, sexual orientation)
• Directive 2006/54/EC: Equal treatment of men and women in employment
• Directive 2019/1152/EU: Transparent and predictable working conditions

A dismissal that violates these protections can result in 6 months' gross compensation under Belgian law, in addition to any CBA No. 109 compensation.

How to Challenge a Dismissal

If you believe your dismissal was unfair:

• Step 1: Request the reasons for dismissal (within 2 months after end of contract)
• Step 2: Consult a lawyer or union representative
• Step 3: Attempt conciliation through the Labour Court's conciliation bureau
• Step 4: If necessary, file a claim before the Tribunal du Travail (Labour Court) within the 1-year limitation period for claims under CBA No. 109

DroitAI Employment Law Assistant

DroitAI can help you assess whether your dismissal may qualify as manifestly unreasonable, draft the formal request for reasons, calculate the compensation you may be entitled to, and generate the necessary legal correspondence. Our AI references the latest Belgian case law and CBA provisions.