Expat Q&A: Am I entitled to unemployment benefit if I resign?

As an expat, it’s not easy to understand the consequences of resigning from your job. The rules for terminating an employment contract in Belgium are specific and differ depending on the type of contract (fixed-term or open-ended), the date on which the contract came into force, etc.

Please be aware that choosing to leave a job does not, in principle, entitle you to unemployment or any other benefit while you look for a new job. The Expat Welcome Desk explains your rights in the event that you decide to resign.

The principle:

If you resign, you are not entitled to unemployment benefit, and the national employment office (ONEM) considers that you are voluntarily unemployed. You have not become unemployed for reasons beyond your control unless you can prove that you left an unsuitable job.

To be entitled to unemployment benefit, you must be involuntarily unemployed for reasons beyond your control.

Risks:

If you resign, you risk being excluded from the right to unemployment benefit for between four and 52 weeks.This sanction may be replaced by a caution or even a suspended sentence.

In practice, the average length of exclusion is 8.2 weeks.

You can be excluded for an indefinite period if you have resigned expressly with the intention of receiving unemployment benefit and remaining unemployed.

Possible solutions:

To avoid this sanction, some employees make arrangements with their employer to terminate their employment by mutual agreement or to be dismissed.

In both cases, the reason stated on their C4 form is usually ‘not suitable’. This reason is relatively neutral, but the ONEM does check that it corresponds to reality.

You must be able to give a proper explanation of the reasons for the termination during your interview with the ONEM officer, as the latter may consider that you have not lost your job for reasons beyond your control, as you signed a termination agreement.

Request a ruling from the ONEM:

Under the ruling procedure, the national employment office informs you in advance of the decision it will take when you are faced with the situation described in your request. 

If you have good reasons for resigning or special circumstances that justify your resignation, you can request a ruling from the ONEM before resigning. In your letter to the ONEM, describe the specific situation you are facing as accurately and thoroughly as possible. You will also need to attach supporting documents to your letter.

The ONEM then issues an advance ruling, specifying the sanctions it will impose if you resign (how many weeks of exclusion). That way, you know what to expect.

Remarks:

- Please note that you can also be sanctioned by the ONEM if you are dismissed because you made a mistake.

- Even if you are excluded from the right to unemployment benefit because you have resigned, take the necessary steps to claim unemployment benefit.

- Only former employees are entitled to unemployment benefit. Self-employed workers are not entitled to unemployment benefit, unless they were employees before becoming self-employed, subject to certain conditions.

- To better prepare for your departure, contact your trade union before resigning (if you are a member of one).

Belgium has three cross-industry trade union organisations, which are recognised based on legally established representativeness criteria. They are, in alphabetical order:

• The CGSLB - General Confederation of Liberal Trade Unions of Belgium
• The CSC - Confederation of Christian Trade Unions
• The FGTB - The General Labour Federation of Belgium

The Expat Welcome Desk is a free service that advises internationals on the practicalities of daily life in the Belgian capital, from accommodation and residence permits to employment rights and taxation, among a number of topics