Background – On 1 January 2014, as part of the harmonisation of notice periods applicable to white-collar and blue-collar workers, the use of a probationary period included in an employment contract was abolished. Until that date a probationary clause set forth in writing in the employment contract had allowed either party to terminate the employment contract (during the first six months of employment) by giving one week’s notice for ‘white-collar’ workers (employés / bedienden) or by giving a maximum of 14 days’ notice for ‘blue-collar’ workers (ouvriers / arbeiders).
For specific employment contracts (for student contracts; temporary or agency work), a three-day contractual probationary period remained in place after 2014.
An Agreement, concluded by the new Belgian (“Arizona”) Government[1] in January 2025, foresaw the introduction of a new statutory probationary period.
New measure – Under an Act of 3 June 2026, the notice periods (previously set out in the Act on Employment contracts of 3 July 1978, as up-dated) have been amended.
The notice period to be observed during the first 6 months of employment is now limited to 1 week. This measure applies only to employment contracts where the term of employment begins on or after 1 August 2026. It has reciprocal application (i.e. whether giving notice of dismissal by the employer or of resignation by the employee).
Where an employment contract commenced before 1 August 2026, the following statutory notice periods remain in force:
| Length of service | Notice period for dismissal | Resignation
Notice / Notice in response to dismissal |
| From 0 to less than 3 months | 1 week | 1 week |
| From 3 months to less than 4 months | 3 weeks | 2 weeks
|
| From 4 months to less than 5 months | 4 weeks | 2 weeks |
| From 5 months to less than 6 months | 5 weeks | 2 weeks |
The legislative reform we have focused on above is not an isolated measure. It forms part of a broader framework of other reforms that have already been adopted. These include:
- In the event of resignation: the notice period may never exceed 13 weeks. This cap on the notice period applies to all employment contracts, regardless of their start date;
- In the event of dismissal: a limit on severance pay of 52 weeks.
For all employment contracts that came into effect on or after 1 June 2026. In practice the limitation in this measure only takes effect 17 years after the start of the contract. Therefore, its first effects will not be seen until 1 June 2043.
Point to note – Check what notice periods are specified in your employment contracts. If your staff regulations contain the old notice periods, an update that explicitly refers to the current statutory provisions may be sufficient.
Keep in mind that any amendment to the staff regulations must be made in accordance with the rules on consultation with members of the Works Council (conseil d’entreprise / ondernemingsraad), or – if your company does not have a Works Council – by consulting the employees (by displaying the amended regulations in the workplace and making a register available for employees to submit their comments).
Should you fail to adapt the staff regulations, there is a risk of a dispute arising in the event of dismissal. An employee may seek to rely on a more favourable notice period that is still set forth in the employer’s staff regulations. Even if legal arguments could certainly be put forward to challenge such a claim, it will be much better to be safe than to be sorry.
All documents issued by the employer (employment contracts, annexes to employment contracts, Excel spreadsheets, policies, checklists, etc.) containing the old notice periods should also be reviewed and updated to avoid any disputes.
Under this link, you will find a summary table of the notice periods applicable under Belgian law.
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Please feel free to contact us if the subject matter of this article raises any questions.
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[1] In Belgium there is a tradition of naming governments. The De Wever 1, Belgian coalition Government, led by Bart De Wever (Flemish Nationalist – N-VA), is sometimes referred to as the ‘Arizona’ government. The reference is to the four colours (yellow, blue, red, orange) associated with the political groups who form the coalition government. Those are also the four colours used in the flag of the U.S. State of Arizona.)
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Disclaimer: This article provides general information only. It is not legal advice and may not deal with every important topic or cover all important aspects of the subject matter. It is not intended, and should not be used, as a substitute for seeking appropriate legal advice on specific questions.
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