An open-ended (permanent) contract may be ended by either party. When the employer ends it, this is dismissal; when the worker ends it, this is resignation. In both cases it is a termination of the contract.
Notice or compensation
Termination can take two forms: ending the contract with a notice period, during which the contract continues to run, or immediate termination with payment of an indemnity in lieu of notice. Since the Act of 26 December 2013 on the single status, notice periods are fixed by law. Their length depends notably on seniority and on the contract's start date; it therefore varies from one situation to another. For notice given by the worker since 28 October 2023, certain earlier distinctions no longer need to be taken into account.
Dismissal for serious cause
Either party may terminate the contract immediately, without notice or compensation, for a serious cause (motif grave). This is defined as « any serious misconduct that makes any professional collaboration immediately and permanently impossible » (Article 35 of the Act of 3 July 1978). The party invoking it bears the burden of proof.
Serious cause is subject to a double three-working-day deadline: the termination must be notified within three working days of becoming aware of the facts, and the specific grounds communicated within three working days of the termination. If these deadlines are not met, the dismissal for serious cause is not valid. Notification is made by a written document signed on receipt, by registered letter or by bailiff's writ.
Stating the reasons for dismissal
Since 1 April 2014, every dismissed private-sector worker (both manual worker and employee) has the right to know the concrete reasons for their dismissal, under collective bargaining agreement No. 109 of 12 February 2014. A dismissal found to be manifestly unreasonable may give rise to compensation.
Implied termination
Finally, a unilateral and significant change to an essential element of the contract (role, pay, place of work…) may be treated as an implied termination by the employer, giving rise to a right to compensation. As the rules are technical and variable, it is prudent to seek information from the FPS Employment or a specialised adviser before acting.