(1) Every wrongful termination of a contrat may
entail damages. In particular dismissals effected because of the
opinions of the worker or his membership or non-membership of
a particular, trade union shall be considered to be wrongful.
(2) The competent court may ascertain the wrongful nature of the
termination by investigating the causes and circumstances
thereof. The judgment must expressly mention the reason put
forward by the party terminating the contract.
(3) In all cases of dismissal, it shall be up to the employer to
show that the grounds for dismissal alleged by him are well-
founded.
(4) Damages shall be assessed with due regard to all factors
indicating that prejudice has been caused and all factors
determining the extent of such prejudice, and in particular, with
due regard :
• (a) Where the worker is responsible, to his qualification and
post;
• (b) Where the employer is responsible, for whatsoever the
type of employment, the worker's seniority with the
employer, his age and any vested rights.
However, the damages shall not be less than three months'
salary or more than one month's salary per year of service in the
enterprise.
(5) If the worker is rightfully dismissed by the employer without
respecting the formalities provided for, the amount of damages
shall not exceed one month's salary.
(6) The salary to be taken into consideration in above paragraphs
shall be the gross average monthly salary of the worker's last
twelve months of activity.
(7) These damages shall be distinct from pay in-lieu-of notice and
severance pay.
Official text
Spot-checked
In force from 14 August 1992
Source page 18