The seniority of an employee which determines the length of the notice period, refers to the period of continuous employment within “one enterprise”.
According to a recent ruling of the Brussels Labour Court, the same rule applies to the situation where an employee who had been working in the USA for almost 9 years, decides to leave the American company and to apply for a job in Europe for a Belgian company within the same group as the American company.
Since the American and the Belgian company both belonged to the same group of companies and since there was no interruption between both employment contracts, the Court decided that the Belgian employer had to respect a notice period, also taking into account the 9 years of service with the American company.
Please find here the full French version of this news.
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