Updates in Belgian labour law in 2026
Since our previous newsletter of 19 January 2026, the government has not remained inactive. In this newsletter, we provide a structured overview of the main developments that have since been adopted or announced, as well as their practical impact for employers and employees.
1. Voluntary overtime: reform of the system
We already addressed this topic earlier this year. Detailed information on this matter can be found in our newsletters of 19 January 2026 and 3 April 2026.
The new rules will enter into force retroactively as from 1 April 2026, without any changes to the elements we presented in those publications. Although the law has not yet been officially published in the Belgian Official Gazette, the risk associated with applying the new regime before publication remains limited, as the new rules apply retroactively.
2. The Act on various employment provisions
Simplification of the rules regarding the introduction of working schedules in the working regulations
Before the reform, the law required that all full-time working schedules potentially applicable within the company be included in the working regulations.
The government has, however, decided to simplify this obligation. From now on, companies that no longer wish to include all such schedules in their working regulations may limit themselves to incorporating a general framework for working schedules, similar to what already exists for variable schedules.
Employees must still clearly know under which schedule they are working. This means that:
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Either the working schedule is included in the working regulations, and the individual employment contract refers to it;
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Or the working schedule is stated directly in the individual employment contract, in which case the working regulations must contain the general framework within which that schedule falls.
The introduction of such a framework into the existing working regulations constitutes an amendment to the regulations and therefore, requires compliance with the consultation procedure applicable to amendments of the working regulations.
These new rules are scheduled to enter into force on 1 June 2026.
New rules on the minimum weekly working time for part-time employees: from 1/3rd to 1/10th
Before the entry into force of the new legislation, the minimum weekly working time of a part-time employee had to amount to at least 1/3rd of the working time of a full-time employee within the company. The reform lowers this minimum threshold to 1/10th of a full-time schedule.
It nevertheless remains possible to derogate from this rule by means of a royal decree, a sectoral collective labour agreement, or a company-level CLA.
The new rules will apply to all employment contracts starting on or after 1 June 2026. As from that date, the working time of existing part-time employment contracts may also be reduced, provided that both the employer and the employee agree.
However, the rule establishing a minimum daily working period of 3 consecutive hours remains unchanged.
Abolition of the prohibition on night work
Until now, work performed between 8 p.m. and 6 a.m. was, in principle, prohibited unless an exception was provided for by law or royal decree. This prohibition will be abolished: employers will now be able to organise night work, provided that the applicable procedures are complied with (such as the conclusion of a collective labour agreement or an amendment to the work regulations).
In addition, the reform introduces a major change for the retail, logistics and e-commerce sectors: in these sectors, night work will be defined as work performed between 11 p.m. and 6 a.m.
This new definition will also affect night shift premiums. As from 1 June 2026, newly hired employees will no longer be entitled to a premium for work performed before 11 p.m., even if a sectoral collective labour agreement or internal rule previously granted such a premium from 8 p.m., 9 p.m. or 10 p.m. onwards. Derogations from this new rule will, however, remain possible.
The abolition of the prohibition on night work is scheduled to enter into force on 1 June 2026.
Limitation of the maximum notice period in the event of dismissal by the employer
Currently, no maximum notice period applies in the event of dismissal by the employer. The new law is now introducing a maximum notice period of 52 weeks for employment contracts starting on or after 1 June 2026. The same limit will apply where an employer chooses to pay compensation in lieu of notice rather than requiring the employee to serve the notice period.
CLA 90-bonus : mandatory electronic filing
The CLA 90-bonus is a non-recurring, results-related benefit. For more information regarding these bonuses, we invite you to read our newsletter on this topic.
As part of the procedure for introducing this bonus, a bonus plan must be drawn up and submitted to the Federal Public Service Employment, Labour and Social Dialogue. Until now, this filing could be made either in paper form or electronically. As from 1 June 2026, the filing of the bonus plan will be required to be made electronically only.
3. Introduction of the « springboard allowance” in the event of resignation
As from 1 March 2026, employees will, once during their career, be able to resign while retaining a temporary entitlement to unemployment benefits. This measure, introduced by the 2025 Program Law, marks a departure from the principle that resignation excludes entitlement to unemployment benefits.
This entitlement is subject to strict conditions: it may only be exercised once, for a maximum period of six months, and requires the employee to demonstrate at least 3.120 working or equivalent days at the time of resignation. An extension of up to 12 months is possible where the employee successfully completes training leading to a shortage occupation.
The request to convert the exclusion into entitlement to unemployment benefits must be submitted within 30 days and is irrevocable.
4. Measures announced mending final approval
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Reduced notice period : Currently, the notice period in the event of dismissal ranges from one week (for seniority of less than three months) to five weeks (between five and six months), whereas in the event of resignation it is one week for less than three months of seniority and two weeks for less than six months.
Under this new measure, either party may terminate the employment contract of an employee with up to six months of seniority by giving one week’s notice. This measure implicitly reintroduces a short probationary period, allowing either party to terminate the contract with reduced notice, without the need to include a specific probation clause in the employment contract.
However, this reduced notice period will only apply to employment contracts concluded after the entry into force of the new law. We will keep you informed once the law has been published. -
Indexation in cents : The entry into force of this measure is currently set for 1 June 2026. However, due to opposition from social partners as well as within Parliament, its final adoption remains uncertain. We will provide further details in a separate newsletter if the applicable legislation is published.
