How to calculate seniority for the severance pay?

Verified 13 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The employee in DTA: titleContent who is dismissed is entitled to statutory severance pay if he or she 8 months seniority.

Entitlement to compensation is determined from the day the employer sends the registered letter of termination.

The duration of the notice (whether executed or not) shall be taken into account in the calculation of seniority.

Seniority is determined by taking into account work done with the same employer continuously (except treaty provisions more favorable to the employee).

Certain periods of suspension of contract are taken into account and others are excluded for the purpose of determining seniority.

Leave for family reasons

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Please note

seniority shall be taken into account for half for the purpose of calculating severance pay on a parental leave for full-time education.

Training leave

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Work stoppage for accident or occupational disease

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Other situations

Seniority is taken into account in totality for the calculation of severance pay in the following situations:

Seniority shall not be taken into account for the calculation of severance pay in the following situations:

Tableau - Seniority taken into account in the calculation of the severance pay

Situation

Is seniority taken into account?

One or more CSD: titleContent are immediately followed by a DTA: titleContent

Yes: seniority starts at 1er CSD

Discontinuous contracts

Yes: Seniority is taken into account from the date of entry of the last contract

Hiring after a temporary employment contract

Yes: maximum 3 months

Hiring after a apprenticeship contract

Yes: in full

Internship end of study

Yes: in full if it is more than 2 months and followed by a hiring at the end of the internship

In the event of acceptance of the business security contract (CSP) in the context of an economic redundancy

Yes: this is the seniority that the employee would have had if he had made his notice (even if the contract is broken at the end of the 21-day period)

In the event of non-professional incapacity

Yes: the notice must be included in the employee's seniority, even if it is not performed and the employment contract is terminated immediately

In the event of incapacity for work

No: the compensatory period of notice is not included in seniority

Priority rehiring less than a year after resignation to raise a child

Yes: in full

Change of employer following an estate, sale, merger, transformation of the fund.

Yes: in full

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