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The notice of termination

In which circumstances does an employer have to give the notice of termination?

The employer who dismisses an employee who has more than three months of service or who lays her or him off for lack of work, either definitively, or for more than 6 months, must give a notice of termination according to the duration and the conditions envisaged in article 13. The employer has the choice between:

  • paying the indemnity of notice according to the duration required in article 13.01;
  • delivering the written notice within the deadlines.

The employee who is advised in writing of the end of his employment on a determined date, must work for the period which remain. She or he cannot chose to leave and be paid the duration of the notice if the employer refuses.

Does the employer nevertheless have to give the notice when the employee is at fault or that the customer requires his departure?

The employer is exempted of this obligation in the event of serious fault on behalf of the employee or in a situation of fortuitous occurrence. For precise details on these two exceptions, see section "the decree", article 13.02: interpretation.

The request of the customer to withdraw an employee does not constitute a fortuitous occurrence. The employee who is in this situation is entitled to notice unless one can show a serious fault. If it is not a question of a serious fault, the employer can ask the customer for a delay before withdrawing the employee in order to provide proper notice; he can also transfer the employee to another place of work, or if not, he must pay the corresponding indemnity of notice to this employee.