Changes with regard to notice periods. Cap of 52 weeks notice period in case of dismissal by the employer.
In its coalition agreement, the De Wever government announced its intention to reform notice periods to enhance labour market mobility and foster a more dynamic recruitment policy among employers. In the meantime, several legislative texts have been adopted that will introduce changes to the framework concerning notice periods. This Newsflash briefly outlines a first change, namely the introduction of a cap of 52 weeks on the maximum notice period in the event of dismissal by the employer.
- What will change?
The intention to cap notice periods at 52 weeks in case of dismissal by the employer had already been included in the coalition agreement of the De Wever government. This cap is intended to strike an appropriate balance between providing adequate protection for employees in case of dismissal and promoting labour market mobility. The legislative text was adopted in April.
The amendment provides that the notice period to be observed by the employer may not exceed 52 weeks. As a result, for employees with 17 years of seniority or more, the notice period will be capped at 52 weeks.
- Which employees may be affected?
However, this cap will only apply to employment contracts where the execution, as agreed between the employer and the employee, starts on or after 1 June 2026.
- Future developments
As part of the further implementation of the coalition agreement, another legislative text was recently adopted which shortens the notice periods for employees with less than six months of seniority in case of dismissal by the employer. For these employees, the notice period during the first six months of seniority will be set at one week.
This new law will only apply to employees whose employment contracts start, as agreed between the employer and the employee, as from the date of entry into force of the law. The law will enter into force on the first day of the second month following its publication in the Belgian Official Gazette. To date, the law has not yet been published.
Key message
If the execution of the employee’s employment contract, as agreed between the employer and the employee, starts on or after 1 June 2026, the notice period will be capped at a maximum of 52 weeks in the event of dismissal by the employer. The law does not affect the notice periods applicable in case of termination of the employment contract by the employee.