Employer cancels work contract at last minutes

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choppaaa1988 Member

Member since 13 February 2019

choppaaa1988Member13 February 2019 16:22:29

Hello, I have found a job in Belgium recently, everything went smoothly and the procedure of applying for the work permit was undertaken by the employer. A work contract was signed and I was due to begin working in Feb 1st. I have given my two week notice to my current employer and was waiting for the work permit to be issued.
Afterward I received a notification from the employer that they have retracted their offer and would cancel my work permit procedure. Now I find myself in a bit of a tough spot.
My questions are:
1. Is this legal ? Are the contracts in belgium not binding until the date of start ?
2. Will this have any impact on me applying for a work permit (if I find another employment in Belgium) ?

phipiemar VIP Member

Member since 01 May 2013

phipiemarVIP Member13 February 2019 17:36:38

4733

It is difficult to answer correctly because we do not know the work you should have done. As well as the contract you signed. On the other hand, you would never have had to give your notice without having the work permit in hand.

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR13 February 2019 17:47:31

1739

Well to me, it looks like a consultant contract in IT...

Did you do an interview to another company than your "future" employer?
The reason I'm asking this, is because if that's the case, you might have just sign a proposal of contract, that will become a contract the moment your mission has been agreed by their customer. (Proposition de contrat in French and Contractvoorstel in Dutch)

If it's the case, nothing illegal should have been done as it was a proposal based on defined terms.
But if it was a real contract, then yes, you're right, they can't break it easily.

Yes, it will have an impact, as your current request will be canceled/rejected and you'll have to start again the process from the beginning.

choppaaa1988 Member

Member since 13 February 2019

choppaaa1988Member14 February 2019 00:31:20

Actually, it's a undetermined term work contract as a software engineer not a consultant. (VOLTIJDSE ARBEIDSOVEREENKOMST VOOR BEDIENDEN VOOR ONBEPAALDE TIJD) is the title of the document that was signed by both parties.

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR14 February 2019 00:38:35

1739

Terms (that you have signed) are what matters, not the title.

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