outplacement anno 2019

outplacement in Belgium as from 2019

Two years ago the introduction of the single employment legislation for both blue and white collars led to new laws for outplacement.

The new ‘general ruling’ guarantees a universal offer and right to outplacement for all workers based on their notice period. The current legislation of both CLA 51 and CLA82 bis continue to exist alongside the new ‘general ruling’. Employers continue to be exempt of the obligation to offer outplacement in case of dismissal for urgent reasons. 

You find below a short overview of the different criteria to distinguish between the various outplacement options. In order to ensure a correct process in terms of offering outplacement RiseSmart can provide you with a dedicated document and a general information leaflet about outplacement for your dismissed employee. 
  You find here a first roadmap in as to what the different scenarios are within the ‘general and special ruling’. 

We would be most happy to give you a personalised answer to any specific questions you have and/or provide you with the necessary documents. Please do not hesitate to contact us

‘general ruling’ outplacement (new) 
Is applicable to all employees dismissed after January 1st, 2014 with a notice period of 30 weeks or more.

outplacement in case of 'medical force majeure'

 Applicable when:

  • You are dismissing an employee with a long-term illness who is not expected to return to your company, either with or without the support of a medical certificate;
  • After a long period of absence, you allow an employee to resume work via a reintegration process. At the end of the reintegration process, you establish that the resumption does not proceed as desired and terminate the employment contract for reasons of medical force majeure.

‘special ruling’ outplacement (=CLA 82bis)
Applicable when the employee does not qualify for the criteria as stipulated in the general ruling but does match the criteria described in CLA 82bis.

The employees corresponds to all of the following criteria : 

  • Be 45 years old or older on the day of this dismissal; 
  • Work at least 50% or more for this employer 
  • Have at least one year of service at the moment of dismissal:; 
  • Dismissed by the employer but not on the basis of serious misconduct; 

The following employees do not qualify for the ‘special ruling’ when: 

  • they work less than part-time for the organisation ; 
  • employees are 62 years old or older or can prove a professional history of 42 years of service at the end of their notice period. 

When an employee of the above categories asks for outplacement then the employer is obliged to offer outplacement. When the employer offers outplacement to employees qualifying for the above categories, then the employee has the freedom to accept or reject the offer to outplacement.

CLA 51
The CLA 51 allows employers to offer spontaneously an intensive and personalised outplacement progamme of 2 years including a guarantee clause and options to interrupt the programme.