Escaping Belgium

Hmm.. tricky situation..

If you have told the new organization about this notice period, they may already have prepared for this Now its too late.

Some options that I would consider.
1. Negotiate with hiring organization (Tell them the truth and your situation). If they really need you, I have a feeling they are gonna wait..
2. Check with your HR if you can buy the notice period (its possible in some companies). If yes, talk to your hiring organization if they can buy it for you..

I wont recommend running away from your current job. It creates a bad mark in your career record. Most of the new hiring companies call your previous organization to get feedback. So, if you plan a move later, never leave bad mark with any organization.. This is my humble opinion..

If you want to leave your job, then they cannot exactly stop you, you're not breaking any law. Ask work what would happen if you did just leave, you'll probably lose things like holiday pay.

As for your apartment, well nothing you can do there, it's 3 full calendar months, even if you signed on say 2nd of month, it's 3 full months plus almost another month. So you give notice now, the end is 30 November 2013 you must pay to plus any penalty if in first 3 years of 9 year contract. It take it you're not on a fixed contract?

Thank you both.  I think my situation at work just got better.  My boss had a chat with HR and our legal team and he seems to have come to grips with me leaving following a mere 2 month notice (how could I push for such a low notice period!).

My biggest concern at this point is my apartment.  I have the dreaded 9 month lease.  I need to stay 3 months and pay a one month penalty since I am exiting the lease after 2 years, but before 3.  My landlord has already sent me a notice with a list of payments that I will need to make.  There is rent, the one month penalty and some additional items that he just found: apparently my maintenance payment wasn't high enough.  In sum, he will want 6K after I leave.  ... my first thoughts are to just not pay it and leave, but I'm staying in the EU.  Do any of you have experience with this kind of situation?  Do you know of someone who did something like that?

Sometimes if you can find a replacement then landlords might consider. Check the feasibility with him/her.

Tadamczuk wrote:

… what do I do?  Do I just take off and leave for the new job?  … can the Belgium authorities chase me down in Poland?

Everything is negotiable. Try to negotiate again to close the contract before even if you lose a bit of money. For the landlord he will find someone easily to replace you in the flat. Especially if you leave it in a good state. Chasing you in Poland ? Possible and legal, but I doubt it. You will just receive letters from lawyers and "huissiers". It will depend from the company and the landlord.

Are you sure about the work contract I mean probs wont matter because your leaving the country but someone told me if you brake a work contract they can sue you espally if they have put a lot of training etc into u? Just curious what others know about it

Thats correct Hannah.. If one breaks a work contract, company can legally take an action against him/her. Also, it is a black mark in the career of that person (often new companies call old companies HR/manager to get feedback about the employee). If you broke contract with the company, I am sure they are not gonna give good feedback which impacts chances of getting a new job, etc...

Thanks I just wondered about action they may be able to do once you have left and if you were staying in Belgium

Just go to any office of a Union, like the ACV, and request for their advice.

It is common that people will try to make you feel like you belong to them intimidating you with all their bunch of critical rules that sometimes makes you feel like a slave without rights, or simply trapped.

We leave in democracy and I am sure there is no way someone can stop you just like that. Especially when you are leaving the country. So, searching for professional advice is the best you can do.

In addition to this point, if you are a good worker you will not require their reference for future jobs, even when they make you think the opposite.

Don't be afraid and move on!!!

Good luck.

I tend to agree with complices: no one will chase you across borders and you really don't need references if you have been consistently successfull. 

I think that the apartment is a more concerning matter.  The landlord feels like you owe them financially.  Not only must I pay for 3 months rent, but I am also obligated to pay a one month fine.  That's 4 months rent!!! Since it involve financial compensation as specified in a contract, I feel that they will more easily pursue. 

Overall, Belgium law was written to punish someone for breaking a contract early, even if they try to do so honorably.

Completely agree with you. I did it in 2001 and never heard anything from it later.

Regards to the apartment, doing things that are legally required is the best way to go.
For instance, it's unfortunate but yes you will have to pay the penalties for breaking the contract early. But once you do this then that's the main part of the problem sorted and puts you in good faith by doing things correctly and legally.

Once that is paid the landlord if lucky will find another tenant immediately and probably be less concerned about the supposed damages and other imaginary costs he invented. You can probably guarantee that if a tenant is found then most certainly there he wont be fixing said issues.

Any way, importantly learn your contract inside and out. It's doubtful there is a clause to retro fit maintenance payments. You should also have your etat de lieux contract handy and give that to a cleaning company and have the apartment restored to the conditions in the etat de lieux.
This wont stop them claiming extras but again shows you have done your part and are prepared to be reasonable.

This is the point you stand your ground and blankly refuse to negotiate any extras that are not your responsibility.
It's also a good idea to recall if the landlord has visited the apartment without giving prior notice and therefor  broke the rental contract. If so then try and document them as best you can, get him in an email to admit it or something.

To be honest it's all pedantics really and comes down to them finding an excuse to get your deposit money(which should be locked up in a bank account that neither party can touch until both agree to sign off on the amount).

If your already resigned to losing your deposit which most renters in Belgium are then simply don't sign off on the contract.