Since the Single Status Act, every employer is required to make an outplacement offer to the employee who is dismissed with a notice period of at least 30 weeks or with a severance indemnity equal to at least 30 weeks. This does not apply in case of dismissal for serious cause.
In case of dismissal with a notice period, the outplacement hours are taken into account on the days of solicitation leave. This rule does not change.
In case of dismissal with a severance indemnity, the employee has the choice until 31 December 2015 to accept or to refuse the outplacement offer.
If he accepts the offer, the severance indemnity is reduced with 4 weeks of remunération.
If he refuses the offer, the employee is not sanctioned, but remains entitled to his full severance indemnity.
From 1 January 2016 on, this rule changes: the severance indemnity is in any case reduced with 4 weeks of remuneration, whether the employee accepts or refuses the offer.
It is in his own interest that the employee accepts the outplacement offer.
To do: When the employee is entitled to outplacement, you must reduce as from 1 January 2016 the severance indemnity with 4 weeks of remuneration.
