Belgium reduces notice periods during first six months of employment

At a glance

• The Act of 3 June 2026 introduces a one-week notice period during the first six months of continuous employment for contracts commencing on or after 1 August 2026.
• The shortened notice period applies automatically and does not require employers to include a trial clause in the employment contract.
• The new rules apply regardless of whether the employer or employee terminates the employment relationship.
• Once an employee reaches six months' service, notice periods increase significantly and additional dismissal protections may apply.
• The reform effectively reintroduces a form of probationary flexibility by reducing termination costs and risks during the early months of employment.

Belgium has adopted legislation reducing notice periods during the initial stages of employment, reintroducing a degree of probationary flexibility that has largely been absent from Belgian employment law since the abolition of most trial periods in 2014.

The Act of 3 June 2026, published in the Official Journal on 15 June 2026, enters into force on 1 August 2026 and applies to employment contracts that commence on or after that date.

Under the new rules, where an employee has less than six months of continuous service, a notice period of one week will apply irrespective of whether the employment relationship is terminated by the employer or the employee. A counternotice issued by an employee following employer-initiated termination will also be limited to one week during this period. The shortened notice period applies automatically and does not require the parties to agree a trial clause in the employment contract.

The reform creates a clear distinction between employees with fewer than six months' service and those who have reached that threshold. While the notice period remains only one week during the first six months, it increases to six weeks once an employee has between six and nine months of service.

Employers should also note that employees who reach six months' service may benefit from the protections contained in Collective Bargaining Agreement No. 109, including the right to request the reasons for dismissal and the ability to seek compensation where a dismissal is considered manifestly unreasonable. In addition, periods of temporary agency work may count towards continuous service in certain circumstances, provided the gap between assignments does not exceed seven days, the employee performs the same function, and no more than one year of agency service is included.