Outplacement : a legal obligation

In the new regulation, a distinction is to be made when the dismissed worker must serve a notice period or if they receive a contract termination allowance.

In case of termination allowances:

The employer must send a valid outplacement offer to the dismissed worker within 15 days of the notification of dismissal.

The dismissed worker is entitled to:

• A termination allowance of at least 26 weeks.
• An outplacement assistance of 60 hours over 1 year. Four weeks of their annual remuneration from the preceding calendar year (minimum €1,800 and maximum €5,500) are deducted from their termination allowances to finance their professional reintegration program.

In case of serving a notice period

The employer must send a valid outplacement offer to the dismissed worker within 4 weeks following the end of the contract. The worker has 4 weeks to accept or refuse it.

The dismissed worker is entitled to an outplacement assistance of 60 hours over 1 year. The time spent on an outplacement is deducted from the solicitation leave.

Outplacement is extended to the public sector only under the general regime.

• Being at least 45 years old at the time of dismissal (joint committees may lower the age at which the outplacement procedure becomes mandatory).
• Not being dismissed for serious cause.
• Having at least one year of uninterrupted seniority with the employer at the time of dismissal
• Being employed at least part-time.
• Not being of retirement pension age.

The value of outplacement in case of major medical force amounts to 1800 euros eand includes assistance of 30 hours sover a period of up to 3 months.

The employer must make the offer of professional reintegration in writing within 15 days following the end of the employment contract. The worker, in turn, has 4 weeks to respond positively, also in writing. The offer must be tailored to the capabilities of the worker with health issues and must therefore meet the same qualitative criteria as those of the “general regime.”.