Dear reader,
We hope first all is well with you.
We would like to draw your attention to a recent amendment to the Belgian Employment Contracts Act of 3 July 1978, which changes the notice periods for employees with less than 6 months of seniority, thereby reintroducing a form of probation period. This reform, adopted on 21 May 2026 but not yet published in the Belgian Official Gazette, has therefore not yet entered into force.
So, what changes in practice?
Article 37/2 sets out the notice periods applicable upon termination of an employment contract, whether initiated by the employer or the employee.
The reform mainly concerns the early stages of employment: the previous step-by-step scale applicable to employees with less than 6 months of seniority has been abolished. It is replaced by a simplified rule, providing for a flat one-week notice period in case of termination or resignation for all employees with less than 6 months of service.
Beyond 6 months, the existing system remains unchanged, with notice periods continuing to increase progressively based on seniority.
The regime remains asymmetric: notice periods are generally longer when termination is initiated by the employer, while shorter notice periods apply in case of resignation.
This one-week notice period also applies under §3 of Article 37/2, meaning to the counter-notice notified by the already terminated employee.
We remain at our disposal for further questions.
