The trial period, abolished in 2014, is set to be reintroduced under a draft law introduced on 23 February 2026.
Current legal framework
Under the current legal regime, notice periods applicable during the first six months of employment vary depending on the employee’s seniority. Where termination is initiated by the employer, notice period ranges from one to five weeks. Where termination is initiated by the employee, the notice period amounts to one or two weeks.
Government intention and legislative proposal
In its coalition agreement, the federal government announced its intention to reintroduce a trial period by allowing either party to terminate an employment contract subject to a uniform one-week notice period during the first six months of employment.
A new draft law to this effect was introduced by the government on 23 February 2026. The proposed legislation amends Article 37/2 of the Law of 3 July 1978 on employment contracts, providing that either party may terminate the employment with one week’s notice where the employee has less than six months’ seniority at the time notice is given.
Once the six-month threshold has been reached, the ordinary statutory notice periods will again apply, with notice continuing to increase progressively in line with the employee’s seniority.
Counter‑notice by the employee
The reduction of the employer’s notice period during the first six months of employment also affects the employee’s right to give counter‑notice.
As the notice period applicable in the event of a termination by the employer would be reduced to one week during the first six months of employment, the duration of the employee’s counter‑notice would likewise be limited to one week during that period. In practice, this means that the mechanism of counter‑notice will generally lose its practical relevance during the first six months of employment.
Personal scope of application
The reduction of the notice period to one week would apply generally and uniformly to all employees with less than six months’ seniority, without distinction.
However, this uniform approach has raised concerns. In its opinion on the draft law, the Council of State questioned the compatibility of a uniform one‑week notice period for all employees with less than six months’ seniority with the constitutional standstill principle. It indicated that a more differentiated approach is required.
Similarly, the European Committee of Social Rights has previously held that a one‑week notice period for employees with up to three months’ seniority is not manifestly unreasonable, but that a one‑week notice period applicable to employees with less than six months’ seniority may be insufficient.
Temporal scope of application
It is important to note that this reduced notice period will apply exclusively to employment contracts whose performance commences on or after the entry into force of the new law. Under the draft law, the law would enter into force on the first day of the second month following its publication in the Belgian Official Gazette (“Moniteur belge”/”Belgisch Staatsblad”).
As the law has not yet been adopted by the Parliament, the date of entry into force therefore remains uncertain.
Employment contracts already in existence prior to the entry into force of the new legislation will remain fully subject to the current notice period regime.
Practical impact
By shortening the notice periods during the initial phase of the employment relationship, the proposed regime aims to reduce hiring risks and costs, thereby making recruitment more flexible and attractive. The government considers that this measure will encourage employers to hire new employees, ultimately benefiting both employers and employees.
