On October 1, 2023, the Dismissal Decree was introduced, an amendment to the Provincial Decree and the Local Government Decree, which made it possible to dismiss statutory staff members in local and provincial administrations. This occurred in the same way as for contractual staff members, according to the rules of the Employment Contracts Act. This meant that statutory employees could be dismissed due to organisational needs, as long as no alternative positions were available within the administration.
However, on June 5, 2025, the Constitutional Court ruled that this dismissal decree was contrary to the Constitution. It would significantly lower the level of protection for statutory staff members. For example, it would no longer be possible to redeploy an employee who has been wrongfully dismissed to another position. This goes against the Constitution, which protects the right to work and good working conditions. The Court has therefore Dismissal Decree completely annulled.
What does this mean now?
- As of June 5, 2025, statutory staff members of local and provincial administrations can no longer be dismissed according to the principles of the Employment Contracts Act.
- Those who were wrongfully dismissed between October 1, 2023, and June 5, 2025, can no longer be reinstated in their position. However, the labour court remains responsible for ongoing procedures.
- The Council of State will again be responsible for ruling on dismissals of statutory employees, and the old disciplinary provisions in the Local Government Decree will be reinstated.
What does this mean for dismissal due to medical force majeure?
The possibility for the government to unilaterally terminate a statutory employment contract due to medical force majeure (according to article 7 of the law of July 20, 1991) ceases now that the Dismissal Decree has been annulled. As a result, this option for termination of employment is no longer applicable.
Sources:
- I. DE WILDE, R. JANVIER and E. TIMBERMONT. (R)evolution in the dismissal law of civil servants?, T. Gem. 2024/4, 216-217
- Vlaanderen.be | Social legal aspects and pension
- VVSG News: Dismissal Decree violates the Constitution
