The legislators have recently amended the rules on notice periods.
The reform has two parts. First, notice periods have been capped at 52 weeks. Second, a reduced notice period has been introduced for employees in the first six months – a change often described as a return to the trial period.
Below is an overview of the two measures and their scope in practice.
Notice period capped at 52 weeks
Under the new law, the notice period for dismissal by the employer is capped at 52 weeks.[1]
This rule applies to employment contracts starting on or after 1 June 2026. The notice period will still increase in line with the length of employment, but is capped once an employee has been with the company for 17 years.
For employment contracts that started before this date, the existing system without a maximum duration will continue to apply.
The immediate impact of this measure is limited. Given that the cap only comes into play after a long period of employment and only applies to new contracts, the effect will only become apparent in practice in the longer term.
Reduced notice period for employees in the first six months (“trial period”)
In addition, the legislation introduces a second measure, which makes employment considerably more flexible in the first six months: a standard notice period of one week will apply during that period, regardless of which party terminates the contract.[2]
Although this is often described as the ‘return of the trial period’, legally speaking it is an adjustment to the notice periods rather than a conventional trial period clause.
As the notice period in the event of dismissal by the employer has been changed back to one week within the first six months, the length of notice that the employee has to give during that period has also been reduced to one week. In practice, this means that the employee’s right to reduce the notice period if they have found another job largely loses its purpose during this period.
This measure applies to employment contracts starting on or after 1 August 2026.
Conclusion
The reform introduces greater predictability for longstanding employees by capping the notice period at 52 weeks, while at the same time increasing flexibility for employees during the first six months by introducing a standard one-week notice period.
When taking on new staff, it is therefore always advisable to check when the employment contract begins, as that date determines the applicable notice period.
[1] Act of 18 May 2026 containing various employment provisions, Belgian Official Gazette 1 June 2026.
[2] Act of 3 June 2026 amending Article 37/2 of the Act of 3 July 1978 on employment contracts, with regard to notice periods during the first six months of employment, Belgian Official Gazette 15 June 2026.
