Fictieve opzegtermijn

The fictitious notice period applies where an employment contract terminates without observance of the statutory or contractual notice period, for instance in the case of summary dismissal or termination on account of bankruptcy. The law or the court then proceeds on the basis of a notional period in order to establish the financial consequences.

This rule is relevant because it determines the date up to which wages, transition compensation or damages are to be calculated. Absent a fictitious notice period, the aggrieved party would lack a clear benchmark for quantifying its claim.

In practice, the court examines whether the notional period applied is reasonable and invokes it so as to reach a balanced outcome between employer and employee.