Economic dismissal of an employee: prior interview

Verified 11 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

When the employer intends to dismiss an employee for economic reasons, it must in principle call the employee for a prior interview. During this preliminary interview, the employee can be assisted. The employer informs the employee of the reason for the decision envisaged and collects the employee's explanations. We're taking stock of the regulations.

Obligations of the employer vary depending on the number of employees made redundant on a same period of 30 days :

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Less than 10 employees made redundant

The employer must summon the employee for a preliminary interview.

At least 10 employees made redundant

The employer must summon the employee for a preliminary interview only in companies without CSE: titleContent.

The summons is made by letter RAR: titleContent or by hand-delivered letter against discharge.

Yes, a minimum of 5 working days must be respected between presentation or hand delivery against discharge the letter of invitation and the date of the interview.

The 1re presentation or the day of hand delivery of the letter to the employee and the day of the interview do not count within the 5 working days.

If the deadline ends on a Saturday, Sunday, public holiday or unemployed, it shall be extended until the following working day.

Example :

An employee works from Monday to Friday and has his weekly rest on Sunday. There is no public holiday during the week.

If the 1re presentation of the letter takes place on tuesday, the interview may take place no earlier than Tuesday of the following week. Saturday being a working day, it counts within 5 days.

If the 1re presentation of the letter takes place on monday, the interview may take place no earlier than Tuesday of the following week. The deadline ends on a Saturday and is extended until the next working day.

The mandatory wording of the letter varies depending on whether or not a staff representative is present in the company:

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Company without staff representative

The letter of invitation must state the following:

  • Purpose of the interview between the employee and the employer (or any person belonging to the company with delegation of power)
  • Date, time and location of the interview (workplace or company headquarters)
  • Possibility for the employee to benefit from assistance during the interview either by another employee belonging to the company or by an outside advisor called advisor to the employee. The letter specifies the coordinates of the town hall and the labor inspectorate where the employee can find the list of advisers. The address of the town hall is that of the employee's domicile (if he resides in the same department as the establishment), otherwise that of the town hall of the workplace.

Company with staff representative

The letter of invitation must state the following:

  • Purpose of the interview between the employee and the employer (or any person belonging to the company with delegation of power)
  • Date, time and location of the interview (workplace or company headquarters)
  • Possibility for the employee to benefit from assistance during the interview either by another employee belonging to the company, or by a company staff representative.

NoHowever, the employee cannot be represented at the preliminary interview.

In principle, it is the employer who must be the employee's interlocutor during the interview. However, he may be represented by a member of the staff of the company who is qualified to hire or dismiss employees.

He doesn't can't be represented by a lawyer.

The employee can be assisted during the interview:

Yes, the employer or his representative may be assisted by a person belonging to the staff of the company.

NoHowever, the employee is not obliged to attend the preliminary interview.

His absence from this interview is not a fault, nor a reason for dismissal.

This absence does not prevent the continuation of the dismissal procedure.

NoHowever, the employee has no obligation to inform his employer of his absence.

The maintenance varies according to the number of employees in the company:

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Less than 1000 employees

During the interview, the employer informs the employee the reason(s) for the proposed decision and obtain its explanations.

The employer offers the employee a professional security contract (CSP).

1000 employees or more

Maintenance varies when the company is in receivership or liquidation or not:

General case

During the interview, the employer informs the employee the reason(s) for the proposed decision and obtain its explanations.

The employee must be informed about the conditions for receiving a reclassification leave.

Company in receivership or liquidation

During the interview, the employer informs the employee the reason(s) for the proposed decision and obtain its explanations.

The employer offers the employee a professional security contract (CSP).

When the employer decides to dismiss the employee, it informs him by sending him a letter termination letter.

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