Return of the probation period?
Well, not quite. The rules regarding the probation period are not being reintroduced. The government wanted to avoid too much extra administration.
However, by shortening the notice period during the first six months of the labour contract to one week, the practical result is indeed the same.
What is the new notice period?
With the proposed legislation, the intention is that the notice period, both in the case of a dismissal by the employer and in the case of a dismissal by the worker, will be one week. This will apply during the first six months of the labour contract.
For the rest, the rules regarding the notice period remain unchanged. The notice period still starts on the Monday following the notification of the dismissal.
And what about the counter-notice?
Since the notice period in the case of a dismissal by the employer is shortened to one week during the first six months, the duration 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 in the first six months of the labour contract is usually no longer useful.
From when is this shortened notice period applicable?
The law is set to enter into force on the first day of the second month after publication in the Moniteur belge. The shortened periods will apply to labour contracts that commence from that day.
Specifically, this means that if the law is published in March, the shortened notice periods will apply to labour contracts that start from 1 May 2026. If published in April, it concerns contracts that start from 1 June 2026.
When the law will be published is still unknown, as it still needs to be discussed and voted on in parliament.
What does Securex do for you?
We are monitoring the developments of this draft legislation for you. As soon as there is more clarity about the exact entry into force, you will read it on Lex4You.
If you have any questions about the dismissal of your workers in the meantime, you can contact your Securex Legal Advisor at myHR@securex.be.
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