Home > Workplace > Belgium > 2002-03-17 - Labour Court of Brussels, (JDJ2002.220.44)

2002-03-17 - Labour Court of Brussels, (JDJ2002.220.44)

Workplace · Belgium · Dress code · Religious freedom

Leaving a job for religious reasons

Key facts of the case - The employer had assured the worker that the temporary contract would have expired before the introduction of the summer uniform that included the wearing of Bermuda shorts. The employer then advanced the Bermuda shorts uniform before the end of the contract. The Muslim employee was not authorized to be exempted with the wearing of this garment, and decided to terminate the contract herself.

Main reasoning of the court - The court held that the decision of the employee amounted to a legitimate exercise of religious freedom guaranteed by the Constitution, and that the worker had a legitimate reason to leave her position. The administrative penalty imposed by the unemployment administration was canceled subsequently.