The Termination Of Contract Form is a crucial document used in Belgian employment relationships to formally document and execute the end of an employment contract. This document is essential when either party wishes to terminate the employment relationship, whether through resignation, dismissal, or mutual agreement. It must comply with strict Belgian legal requirements, including those set forth in the Act of 3 July 1978 on Employment Contracts and various Collective Bargaining Agreements. The form includes mandatory provisions regarding notice periods, severance pay calculations, and specific protections for certain categories of workers. It also addresses the return of company property, final payment calculations, and ongoing obligations such as confidentiality. This document is particularly important given Belgium's complex employment law framework and the potential legal consequences of improper termination procedures.
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1. Party Details: Full legal names and addresses of both employer and employee
2. Contract Reference: Details of the original employment contract including date of commencement and position
3. Termination Declaration: Clear statement of contract termination including effective date
4. Notice Period: Specification of notice period or payment in lieu of notice in accordance with Belgian law
5. Final Payments: Details of final salary, holiday pay, and any other outstanding payments
6. Company Property: List of company property to be returned and deadline for return
7. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-termination
8. Signatures: Space for dated signatures of both parties
1. Reason for Termination: Required under CBA 109 for terminations by employer, but not needed for mutual termination or employee resignation
2. Non-Compete Clause: Include if the original contract contained non-compete provisions that will remain in effect
3. Outstanding Benefits: Include if there are specific benefits, bonuses, or stock options that need to be addressed
4. Collective Dismissal Provisions: Include if the termination is part of a collective redundancy
5. Special Protection Status: Include if the employee falls under special protection categories (e.g., employee representatives, pregnant workers)
6. Release Clause: Optional mutual release of claims, typically included in negotiated terminations
7. Reference Provision: Optional agreement regarding the provision of employment references
1. Calculation of Final Payments: Detailed breakdown of all final payments including salary, holiday pay, bonuses, and any severance
2. Company Property List: Itemized list of company property to be returned
3. Benefits Summary: Summary of treatment of benefits post-termination
4. Legal Notice Period Calculation: Calculation showing how the notice period or severance pay was determined under Belgian law
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