Return of the probationary period?
Well, not entirely. The rules about the probationary period are not being reintroduced. The government wanted to avoid too much extra administration.
However, by shortening the term of notice during the first six months of the labour contract to one week, the practical effect is almost the same.
How long is the new term of notice?
Because of this legislative change, both for dismissal by the employer and dismissal by the worker, the term of notice will be one week. This applies during the first six months of the labour contract.
Otherwise, the rules about the term of notice stay the same. The term of notice still starts on the Monday following the notification of dismissal.
And what about the counter-notice?
Because the term of notice for dismissal by the employer is shortened to one week during the first six months, the length of the counter-notice is also shortened. It will also be one week during the first six months of the contract.
In practice, this means that a counter-notice during the first six months of the labour contract will usually no longer be useful.
From when does this shortened term of notice apply?
The law comes into force on the first day of the second month after publication in the Moniteur belge.
The shortened terms will apply to labour contracts starting from 1 August 2026.
Example : An employer signs a new indefinite labour contract with a new worker on 1 June 2026. It is agreed that this labour contract starts on 17 August 2026. The execution of this labour contract starts after 1 August 2026. The shortened term of notice of one week during the first six months will therefore apply. This is despite the fact that the labour contract was signed before 1 August 2026 and even before the publication of the law in the Moniteur belge.
What does Securex do for you?
If you have questions about the dismissal of your workers, you can contact your Securex Legal Advisor via myHR@securex.be. They can help you with expert advice and the formalities to be followed for a valid dismissal.
Source
