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Certificate of Separation
I need a certificate of separation for an employee who has resigned voluntarily, including their last working day, confirmation of all dues being settled, and a statement of good conduct during their tenure. The document should be in both English and French.
What is a Certificate of Separation?
A Certificate of Separation is an official document that proves your employment with a Belgian company has ended. Under Belgian labor law, employers must provide this certificate (also known as a "certificat de travail" or "werkgetuigschrift") to every employee when their contract ends, regardless of the reason for termination.
The certificate includes essential details like your employment dates, job title, and nature of work performed. It helps you claim unemployment benefits, verify your work history for future employers, and serves as proof of professional experience. The document must be issued within two working days of your last day, and employers can face penalties for failing to provide it or including inappropriate remarks about your performance.
When should you use a Certificate of Separation?
You need a Certificate of Separation immediately after leaving any job in Belgium. This document proves critical when applying for unemployment benefits—the national employment office (ONEM/RVA) requires it to process your claim. Many job seekers also use it to demonstrate their work history during interviews, as it provides official proof of their previous positions and experience.
The certificate becomes especially valuable during tax season, helping you document your employment periods and income. Belgian employers must provide it within 48 hours of your last workday, making it an essential part of your career documentation. Keep it with other important employment papers like your final pay slip and C4 form for a complete record of your work history.
What are the different types of Certificate of Separation?
- Basic Certificate: The standard format required by Belgian law, listing employment dates, position, and basic job duties. Perfect for routine employment verification.
- Detailed Experience Certificate: Includes additional information about specific projects, responsibilities, and skills acquired. Useful for senior positions or specialized industries.
- International Format: A multilingual version (French, Dutch, and English) designed for employees moving abroad or working with international companies.
- Interim Agency Certificate: Specifically formatted for temporary work relationships, documenting multiple assignments and varying work periods.
- Digital Certificate: An electronically signed version that complies with Belgian e-signature laws, increasingly common in modern workplaces.
Who should typically use a Certificate of Separation?
- Employers: Must issue the Certificate of Separation within 48 hours of employment ending. HR departments typically prepare and validate the content.
- Employees: Receive and use the certificate to prove work history, claim unemployment benefits, or apply for new positions.
- Employment Offices (ONEM/RVA): Require the certificate to process unemployment claims and verify employment records.
- Future Employers: Use these certificates to verify candidates' work experience and employment dates.
- Labor Inspectors: Monitor compliance with certificate issuance requirements and investigate complaints about missing or incorrect documentation.
How do you write a Certificate of Separation?
- Employee Details: Gather full name, national registry number, and complete employment dates.
- Position Information: List exact job titles, departments, and main responsibilities held during employment.
- Contract Data: Note the type of employment contract and any significant amendments during tenure.
- Legal Requirements: Our platform ensures compliance with Belgian labor law requirements for content and format.
- Language Choice: Select French, Dutch, or both based on the workplace location and employee preference.
- Verification Steps: Review all dates and details for accuracy before HR director signs the document.
What should be included in a Certificate of Separation?
- Company Information: Full legal name, address, and registration number of the employer.
- Employee Identity: Complete name, address, and national registry number of the worker.
- Employment Period: Precise start and end dates of the employment relationship.
- Position Details: Job titles and main functions performed during employment.
- Factual Nature: Only objective information about the employment, no performance evaluations.
- Signature Elements: Date, place, and authorized company representative's signature.
- Language Compliance: Document must be in French, Dutch, or both, depending on region.
What's the difference between a Certificate of Separation and a Separation Agreement?
People often confuse a Certificate of Separation with a Separation Agreement. While both relate to ending employment relationships, they serve distinctly different purposes in Belgian labor law.
- Legal Nature: A Certificate of Separation is a mandatory document that simply confirms employment facts, while a Separation Agreement is a negotiated contract setting terms for departure.
- Content Scope: The Certificate includes only objective information like dates and positions, whereas the Agreement covers severance, non-compete clauses, and mutual obligations.
- Timing: Certificates must be issued within 48 hours of employment ending; Agreements are typically negotiated before the departure.
- Purpose: Certificates help prove work history and claim benefits, while Agreements protect both parties' interests and prevent future disputes.
- Negotiation: Certificates follow a standard format with no negotiation, but Agreements involve detailed discussions between employer and employee.
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