In a previous Newsflash, we already reported that, in its coalition agreement, the De Wever government had announced its intention to reform notice periods to enhance labour market mobility and foster a more dynamic recruitment policy among employers. In this context, the coalition agreement also stated its intention to reintroduce a form of “trial period”. Although this is not a reintroduction of the trial period as it previously existed, a new Act implementing this intention was recently published: notice periods for employees with less than six months of seniority will be reduced to one week.
In a previous Newsflash, we already briefly addressed a first amendment concerning notice periods, namely the introduction of a cap of 52 weeks on the maximum notice period in the event of dismissal by the employer.
The new edition of our Newsletter Dismissal 2.0 is now also available online. We once again guide you through the latest developments in dismissal law and their (para)fiscal implications for employers and employees.
What changes?
The trial period was abolished in 2014 upon the entry into force of the Single Status Act (subject to a few exceptions). The intention to reintroduce the “trial period” was included in the coalition agreement of the De Wever government, which considered that the notice periods applicable during the first six months of employment were too long to encourage employers’ recruitment policies. It was therefore decided to reduce notice periods to one week for employees with less than six months of seniority, whether the employment contract is terminated by the employee or by the employer.
This does not therefore constitute a reintroduction of the “trial period” as it existed until 2014, but rather a reduction in notice periods.
In line with these amendments, the counter-notice period for employees with less than six months’ seniority has also been reduced to one week (which, in practice, renders the counter-notice period redundant where notice of dismissal is given during the first six months of service).
Which employees may be affected?
These adapted notice periods apply only to employment contracts that start on or after 1 August 2026, as agreed between the employer and the employee.
Below is an overview of the notice periods applicable following this legislative amendment. For each seniority bracket, the period applicable to existing employment contracts is given first, followed by the period applicable to employment contracts starting on or after 1 August 2026.
Termination of the employment contract by the employer
- Less than 3 months of seniority: 1 week (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 3 months and less than 4 months: 3 weeks (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 4 months and less than 5 months: 4 weeks (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 5 months and less than 6 months: 5 weeks (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 6 months and less than 9 months: 6 weeks (existing contracts) → 6 weeks (contracts starting on or after 1 August 2026)
- From 9 months of seniority onwards: the existing notice periods remain unchanged.
Termination of the employment contract by the employee
- Less than 3 months of seniority: 1 week (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 3 months and less than 6 months: 2 weeks (existing contracts) → 1 week (contracts starting on or after 1 August 2026)
- Between 6 months and less than 12 months: 3 weeks (existing contracts) → 3 weeks (contracts starting on or after 1 August 2026)
Key message
Where the execution of the employment contract, as agreed between the employer and the employee, starts on or after 1 August 2026, the notice period will be limited to a maximum of one week if the employment contract is terminated by either the employer or the employee, provided that the employee has less than six months of seniority.
The new Act does not amend the notice periods applicable where the employee has more than six months of seniority, nor does it affect existing employment contracts.
