Newsletter 2026 – 06

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Law of 3 June 2026 Law amending Article 37/2 of the Law of 3 July 1978 on employment contracts, as regards notice periods when the employee has no more than six months' seniority (Belgian Official Gazette 15 June 2026)

Amendment to the regulations regarding notice periods during the first six months

For contracts commencing from 1 August 2026, the notice period is reduced to one week for dismissal during the first six months, whether by the employer or by the employee. Employment contracts that have already been signed but commenced after that date also fall under this. Contracts that are already in effect follow the old regulations.

Some speak of a reintroduction of the probationary period, but that is not entirely correct. The legislative amendment simply lowers the notice period in general during the first six months.

Does the employer need to adjust their evaluation system? (spoiler: pretty much)

Is it still sensible to work with fixed-term contracts of six months or less? (spoiler: not really)

Moreover, nothing changes regarding 'temporary agency work prior to the employment contract': when the employer terminates the contract, the previous period during which the employee worked for him as a temporary worker is counted as seniority for the calculation of the notice period, up to a maximum of one year. However, this applies only when it concerns the same position and the hiring as a permanent employee immediately follows the period of temporary agency work (Article 37/4 WAO).

Implications

1. The termination of contracts of indefinite duration: six months as a turning point

A prudent employer will align their evaluation policy with the six-month tipping point and thoroughly evaluate a new employee before the end of that period. In this way, the employer will only have to observe a notice period of one week. Upon reaching six months of seniority, the notice period and compensation jump from one to six weeks. Please note that in the event of termination, seniority at the start of the notice period is decisive.

Moreover, with seniority of six months or more, the employer runs the risk of having to justify the dismissal and pay compensation for manifestly unfair dismissal (Collective Labour Agreement No. 109).

The employer might as well take a moment to consider whether it is appropriate to terminate or dissolve the employment.

• If the employee becomes incapacitated for work after the employer has terminated the employment contract, the employer will be required to pay guaranteed wages – since the notice period is suspended. In this way, the final cost may end up being higher than the cost of termination.
• If the six-month seniority limit is exceeded due to the suspension of the notice period and the employer subsequently terminates the employment contract (with payment of the balance of the severance pay), the employee will be able to request a justification for the dismissal regarding the act of termination and, where appropriate, invoke manifestly unreasonable dismissal.

2. And what about the termination of fixed-term contracts?

Many employers initially offer a new employee a fixed-term contract of three to six months. That contract is then considered a kind of probationary period. (We speak of a 'fixed term', but what is said also applies to 'specific work'.)

The regulations regarding the termination of a fixed-term contract remain unchanged. Nevertheless, it is important to consider these regulations. Here, too, the six-month period constitutes a significant turning point.

When the term expires, the contract generally terminates automatically. (In some cases, a 'right to renewal' applies to a fixed-term contract, for example if it turns out that the employee is pregnant. We will not go into that matter further here.)

If one of the parties wishes to terminate the contract beforehand, special rules apply: (Art. 40 §§1 and 2 WAO; those rules apply only to the first contract when there are successive fixed-term contracts.)

• During the first half of the agreed duration, but with a maximum of six months: the agreement may be terminated by both the employer and the employee with a notice period of one week (or terminated with a termination payment of one week).

• After the first half of the agreed duration (or after six months in the case of a fixed-term contract of longer than one year): the agreement can no longer be terminated. The party terminating the contract at that point will have to pay termination compensation to the other party. This compensation is equal to the salary due until the end date of that term is reached. However, a ceiling applies: double the salary corresponding to the duration of the notice period that would apply if it were an indefinite-term contract.

Using fixed-term contracts merely as a form of probationary period does not seem like a sensible idea. However, from other perspectives—for example, from the view that the employer wishes to give the employee a signal of certainty regarding the end date of the agreement—this may be judged differently.