Automatic reduction of the termination indemnity in case of outplacement
As a reminder, 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 covering this period.
In the event of dismissal with a notice period to serve, the outplacement hours are taken into account on the application days.
In the event of dismissal with immediate effect and payment of a severance indemnity, the employee had the choice until 31 December 2015 to accept or to refuse the outplacement offer.
If he accepted it, the severance indemnity was reduced with 4 weeks of remuneration.
If he refused it, the employee was not sanctioned and remained entitled to his full severance indemnity.
Since January 1st, 2016, this distinction is no more to be done. Indeed, the severance indemnity is now automatically reduced with 4 weeks of remuneration, whether the employee accepts or refuses the offer.
