Entry into force of new rules on notice periods - key takeaways
In a previous newsletter, we informed you of the adoption of new rules relating to the limitation of the notice period to 52 weeks, as well as the introduction of a reduced notice period during the first six months of employment, a rule that had not yet entered into force. In the meantime, the law has been published in the Belgian Official Gazette, and its provision is now applicable.
This newsletter aims to highlight the key principles of these two new measures.
Reduced notice period during the first 6 months
Law of 3 June 2026, which amends the rules applicable to notice periods for employees with less than six months’ seniority, has been published in the Belgian Official Gazette. This new measure will enter into force on 1 August 2026 and will apply to employment contracts that take effect from that date, even if the employment contract was signed before 1 August 2026, or even before the publication of the law in the Belgian Official Gazette.
In practical terms, for these contracts, a fixed notice period of one week will apply during the first six months of service, regardless of whether the termination is initiated by the employer or the employee. This measure aims to provide greater flexibility at the beginning of the employment relationship, and may be seen as a reinstating of the probationary period.
Example: an employer concludes an employment contract for indefinite period with a new employee on 22 June 2026, with a start date set for 6 August 2026. In this case, the execution of the contract begins after 1 August 2026.
The new reduced notice periods (i.e. one week during the first six months) therefore apply. In the event of resignation or dismissal before 6 February 2027, the applicable notice period will be one week.
Limitation of the maximum duration of the notice period in case of dismissal by the employer
A new law, which entered into force on 1 June 2026, introduces a maximum notice period of 52 weeks for employment contracts that started as from that date. This measure applies only in cases of dismissal initiated by the employer, as a limitation of the notice period to 13 weeks already exists for resignations initiated by employees.
In practical terms, this maximum limit applies both where the notice period is effectively performed and where the employment contract is terminated with payment of an indemnity in lieu of notice. It is therefore no longer possible, for the contracts concerned, to exceed this cap, even in cases of very long seniority.
In practice, the 52-week notice period is reached after 17 years of seniority, in accordance with the applicable legal scale. This means that, for the first years of seniority, the calculation of the notice period remains unchanged and continues to follow the progressive increase provided under current legislation.
However, it should be noted that, given this seniority threshold, the practical impact of this measure will remain limited in the short term. Indeed, the limitation will only fully take effect for contracts concluded from 1 June 2026 that reach 17 years’ seniority, which will be from 2043 onwards.
