Starting 1 August 2026, Belgian labor law introduces a mandatory one-week notice period for all new employment contracts during the first six months of service. According to the Act of 3 June 2026, this rule applies automatically to both employers and employees, effectively lowering the barrier for hiring by reducing termination costs early in the employment relationship.
Understanding the New Statutory Notice Period
The Act of 3 June 2026, published in the Official Journal on 15 June 2026, standardizes the early-stage termination process. Unlike previous frameworks that often relied on specific trial clauses within contracts, this new notice period is a statutory requirement. It applies to all employment contracts beginning on or after 1 August 2026.
The core change is the simplicity of the timeline. Regardless of which party initiates the separation, the notice period is locked at one week for the first six months of continuous service. This removes the ambiguity previously associated with trial periods, which had been largely restricted in Belgium since 2014.
Did you know?
The new one-week notice period is reciprocal. If an employer terminates the contract, the employee’s counternotice is also capped at one week during this initial six-month window.
Thresholds and Protections After Six Months
The legal landscape shifts significantly once an employee crosses the six-month mark. According to the legislation, the notice period jumps to six weeks for those with between six and nine months of service. This creates a clear “cliff” in employment stability that both HR departments and employees must monitor.
Beyond the notice period, Collective Bargaining Agreement (CBA) No. 109 becomes a critical factor. Once the six-month threshold is met, employees gain the right to demand formal reasons for dismissal. They may also pursue compensation if they can prove a dismissal was “manifestly unreasonable.”
Accounting for Temporary Agency Work
Employers must be cautious when calculating an employee’s total tenure. Under certain conditions, prior temporary agency work can count toward the six-month total. This applies if:
- The gap between assignments is seven days or fewer.
- The employee performs the same function.
- No more than one year of agency service is included in the calculation.
Strategic Implications for Belgian Employers
This reform reintroduces a degree of flexibility that many firms have sought since the 2014 reforms. By reducing the financial risk of hiring, companies may find it easier to test new talent. However, the automated nature of the rule means that contracts no longer require specific trial clauses to achieve this flexibility.
Pro Tip: HR managers should update their onboarding documentation to reflect the 1 August 2026 start date, ensuring that recruitment templates accurately describe the notice period requirements for new hires.
Frequently Asked Questions
Does the one-week notice period require a trial clause?
No. The Act of 3 June 2026 applies the one-week notice period automatically to all contracts starting on or after 1 August 2026, regardless of whether a trial clause is present.
What happens if an employee reaches six months of service?
The notice period increases to six weeks. Additionally, the employee may become eligible for protections under CBA No. 109, including the right to request reasons for termination.
Can temporary agency work count toward the six-month service limit?
Yes, provided the employee has performed the same function with gaps of no more than seven days, and the total agency service included does not exceed one year.
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