Dismissal reasons: practical rules of thumb at a glance

Since April 1, 2014, employers have been required to provide reasons for dismissal. This means that, if an employee requests it, you must disclose the reason(s) for the dismissal. Correct compliance with this obligation is crucial: inadequate or absent reasons can lead to compensation for manifestly unfair dismissal . Below, we clearly summarize the most important rules and considerations.

The duty to state reasons in practice

An employee has the right to know why they are being dismissed. However, as an employer, you are not required to disclose the reason for dismissal spontaneously . You are only obligated to respond if the employee requests it in writing (by registered mail).

The deadlines are crucial here:

• The employee can request the motivation within 2 months after the end of the employment contract or

• Within 6 months after service of the notice of termination , when a notice period is served.

  
  

If you receive such a request, you, as an employer, have two months to provide the reasons. If you fail to do so, you risk a fine equal to two weeks' wages .

The importance of a good file

A correct dismissal justification does not have to be a lengthy file, but vague statements such as "the employee does not meet the stated requirements" are of course not sufficient.

A compelling motivation is:

• Concrete and factual : based on objective elements.

• Documented : evaluation reports, emails or other written records.

• Consistent : Demonstrate that the employee was repeatedly addressed and given the opportunity to improve.

A good practice is to write a report after each performance review and give it to the employee. This way, you'll systematically build a strong record. Record both the feedback you give and any reaction (or lack thereof) from the employee.

Exceptions: when does the obligation to state reasons not apply?

There are situations in which you are not required to provide a reason for dismissal, even at the employee's request. This applies to:

• The first 6 months of the employment contract (including previous contracts for the same position).

• Temporary employment or student employment.

• Dismissal in the context of SWT (bridging pension) or retirement pension.

• Restructuring, cessation of activity or collective dismissals.

• Employees subject to a special dismissal procedure or where sectoral rules provide for multiple dismissals.

  
  

Dispute by the employee

If the employee disagrees with your reasoning, they can challenge it in the labor court. The judge will then investigate whether the dismissal was manifestly unfair .

This is the case when the dismissal:

• Not related to the employee's suitability or conduct , and

• Not based on the necessities of the enterprise ,

• And a “normal and reasonable employer” would never have decided on this dismissal.

  
  

Conclusion

Proper dismissal reasons are more than a formality. They're a legal requirement and a crucial tool for avoiding disputes and compensation claims. By working with clear reports, transparent communication, and a carefully compiled file, you not only protect your company but also demonstrate respect for your employees.

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