For whom is outplacement required by law?

 

The law prescribes outplacement support for:

• dismissed employees with a notice period of at least 30 weeks;

• laid-off workers over 45 years old.

 

Outplacement scheme for employees with a notice period of at least 30 weeks

 

If you are fired, except for serious reason, with a notice period of at least 30 weeks (or a corresponding compensation), you are entitled to outplacement:

• The outplacement process is 60 hours.

• If you are fired with a notice period to be performed, the 60 hours will be charged as application leave.

• Outplacement counseling must be offered within 4 weeks after the start of the notice period. If this has not been done, you must request outplacement within the 4 weeks following.

 

Cost price?

If you are fired and you receive a severance payment, the costs of the outplacement guidance will be deducted from the severance payment worth 4 weeks.

Outplacement guidance must be offered within two weeks of the termination of the agreement. If this has not happened, the employee must give notice of default to the employer within 39 weeks that follow.

Legislation also stipulates what to do when:

• the employee finds a job during the outplacement supervision;

• the employee loses his new job and applies for a new procedure.

 

Outplacement scheme for employees who are at least 45 years old

 

This part of the legislation only applies to employers covered by the legislation on collective labor agreements and joint committees (private sector).

The employer is obliged to offer outplacement if you meet the following conditions:

• you must be at least 45 years old at the time of his dismissal, that is to say when his dismissal is notified

• it is not a dismissal for urgent reason; - you must have at least 1 year of seniority;

• you are not yet entitled to (early) pension.

 

Cost price?

The costs of the outplacement are borne by the employer, but sectoral collective labor agreements may stipulate that sectoral funds will bear those costs.

 

When am I obliged to follow outplacement?

 

Have you been fired and do you want to receive unemployment benefits?

• Then you are obliged to follow outplacement if you meet these five conditions:

  • You were not fired for any urgent reason.

  • You worked for your employer continuously for at least one year.

  • You worked for a private sector employer.

  • You have a notice period or compensation of less than 30 weeks.

  • You were at least 45 years old on the date of your discharge.

• Do you meet these conditions and does your employer not offer you outplacement?
  Then you are obliged to declare him in default. If you do not do this, it may have consequences for your benefit. On rva.be you will find more information about your rights and obligations in case of outplacement if you are at least 45 years old .