What changes regarding the maximum notice period?
Currently, there is no general limit on the notice period when the employer dismisses a worker. The notice period increases progressively based on the seniority of the worker and can, in some cases, be longer than one year.
The new system, however, states that for employment contracts starting from 1 June 2026, the notice period will be capped at 52 weeks when the employer ends the contract.
In practice, the way the notice period is calculated stays the same until the limit is reached. From 17 years of seniority, the notice period is 52 weeks and will not increase further for contracts covered by the new rule.
Example
A worker with 17 years of seniority currently has a notice period of 54 weeks. For an employment contract starting from 1 June 2026, this period will be limited to 52 weeks.
Learn more: « Duration and commencement of the notice period »
To which employment contracts does the ceiling apply?
The new rule applies to employment contracts starting from 1 June 2026. Contracts that began before this date will remain under the current system.
There are three categories to consider:
- Contracts starting from 1 June 2026: the 52-week limit applies if the employer dismisses the worker
- Contracts starting from 1 January 2014 but before 1 June 2026: no limit applies; the notice period continues to increase with seniority
- Contracts starting before 1 January 2014: no limit applies; the two-part system remains in force
What about when a new contract is signed with a worker already in service?
You need to be especially careful when, from 1 June 2026, you sign a new contract with a worker who is already employed by you or who has already built up seniority within your company.
This situation can occur, for example:
- When moving from a fixed-term contract (FTC) to a permanent contract (OEC)
- When a new contract is signed as a continuation of an existing employment relationship
- When a worker has already built up seniority as a temporary employee with you
- When conventional seniority is recognised at the start of the new contract.
In these cases, a worker who already has significant seniority may be subject to the new regime capped at 52 weeks, even if the employment relationship continues without interruption and even if the worker already has significant seniority with you. This means the limit may be reached much sooner.
Example
You employ a worker under a fixed-term contract from 1 February 2009 to 31 May 2026.
You then sign a permanent contract starting on 1 June 2026.
If you dismiss the worker on 10 June 2027, they will have more than 18 years of seniority with the same employer (57 weeks).
If the permanent contract starting from 1 June 2026 falls under the new rule, you will have to limit the notice period to 52 weeks, despite the seniority previously gained with your company.
In practice, this means that simply formalising a new contract can significantly affect the calculation of the notice period if the worker is later dismissed. Therefore, it is important to carefully check, before any contractual change, the possible effects on the seniority considered and on the notice period.
What about immediate termination with notice indemnity?
The same limit applies when the employer immediately ends the contract in exchange for a compensatory notice indemnity. In this case, the indemnity is also capped at the salary and benefits corresponding to a maximum of 52 weeks.
What does Securex do for you?
Securex supports you in the management of dismissals and the correct calculation of the notice period.
Our experts can help you to:
- Identify the applicable notice regime
- Correctly calculate the notice period
- Assess the cost of a dismissal
- Update your HR documents and contract templates
For more information or any questions, please contact your Legal Advisor by e-mail at myHR@securex.be.
Entry into force?
The limit of the notice period to 52 weeks will come into force on 1 June 2026.
It will apply to contracts signed from that date. Some details on how it will be applied still need to be clarified, as the legislative text has not yet been finally adopted.
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