What will be the duration of the new notice period?
In case of dismissal by the employer
Previously, the notice period increased progressively:
- 1 week before 3 months of seniority
- 3 weeks between 3 and 4 months
- 4 weeks between 4 and 5 months
- 5 weeks between 5 and 6 months
This progression completely disappears during the first six months.
From 1 August 2026, when you terminate the labour contract of your worker with less than six months' seniority, the notice period is now set at one week.
In case of resignation by the worker
The same rule now applies to your worker who resigns: the notice period is also limited to one week during the first six months of the contract.
Example
Your worker A started their contract on 30 July 2026. Your worker B starts on 2 August 2026.
You dismiss both on 15 November 2026.
On that date, both workers have approximately 3.5 months' seniority. However, you do not apply the same notice period:
- For worker A, the old regime remains applicable, as their contract started before the entry into force. For a worker with between 3 months and less than 4 months' seniority, the notice period given by the employer is 3 weeks.
- For worker B, the new regime applies, as their contract started after the entry into force. Their notice period is therefore 1 week.
What about the counter-notice?
The rules relating to counter-notice have also been adapted. When a dismissed worker finds another job, they can end the contract with a reduced notice period. For a worker with less than six months' seniority, this period is now also set at one week.
In practice, however, this mechanism loses much of its value since the "classic" notice period is already reduced to one week during this period.
Is this a return to the probationary period?
Not formally. The probationary clause is not reintroduced as such. But the explanatory memorandum clearly presents the first six months as a phase which corresponds, functionally, to a probationary period.
The objective is clear: to offer you more flexibility when taking on a new employee. Indeed, the reduction of the notice period to one week should reduce the costs and risks related to recruitment, lower recruitment barriers and strengthen the dynamics of the labour market.
For you, the advantage is concrete: if the collaboration does not work out as expected at the start, you can react more quickly. Conversely, your new workers also have a quicker exit during this same period.
What about successive contracts with the same employer?
The fact that a new contract starts after 1 August 2026 does not automatically mean that seniority for the worker is reset. Where applicable, seniority already acquired with the same employer must be taken into account.
Example
A worker is first employed under a fixed-term contract with the same employer before 1 August 2026. The parties then conclude, after 1 August 2026, a new fixed-term or indefinite contract. The fact that the new contract starts after the law's entry into force does not automatically mean that seniority for the worker is reset. When seniority acquired with the same employer must be taken into account, the reduced notice period of one week does not necessarily apply for six months from the new contract.
Entry into force?
The law was published in the Moniteur belge on 15 June 2026.
In accordance with the adopted text, it enters into force on the first day of the second month following its publication in the Moniteur belge.
This means that the entry into force date is 1 August 2026.
What does Securex do for you?
If you have questions regarding the dismissal of your workers, you can contact your Securex Legal Advisor via myHR@securex.be. They can assist you by providing specialised advice as well as on the formalities to be respected for a valid dismissal.
