Cap on the notice period at 52 weeks
The notice period is capped at 52 weeks for employees with 17 years or more of service.This applies only to employment contracts that, as agreed by the employer and the employee, begin on or after June 1st, 2026. For employment contracts already in effect, the current rules remain applicable.
1. Current system
Since 2013, notice periods have been set out in a table based on length of service.
For employees with 21 or more years of service, the notice period had been limited to one additional week per year of service commenced.
The notice period is therefore currently 87 weeks for a full 45-year career with the same employer and, and 72 weeks after 30 years’ service.
This was already a restriction compared with the system in place before 2013.
2. New System
Background
The new Act caps the notice period at 52 weeks.
The limitation of the notice period to a maximum of one year is intended to:
- make the recruitment and retention of workers more attractive to employers, since subsequent termination will never incur a cost greater than that corresponding to a maximum notice period of one year (when the worker has 17 years of service);
- make investment in the Belgian economy and labor market more attractive, particularly for foreign companies;
- have a positive impact on the total cost of employment for businesses, including SMEs.
The Council of State has confirmed the legality of this measure, given that the maximum notice period always takes into account the seniority of the employee concerned and serves as a safeguard against a sudden loss of income by allowing sufficient time to seek new employment.
Cap on the notice period
Article 37/2 of the Act of July 3, 1978, on employment contracts is amended such that the notice period for employees with 17 years or more of seniority is 52 weeks and does not increase beyond that.
This applies only to employment contracts that, as agreed by the employer and the employee, take effect on or after June 1st, 2026. Consequently, the measure will not take effect until 2043.
For employment contracts already in effect, the current rules remain applicable.
3. Takeaway
For employment contracts commencing on or after June 1st, 2026, the notice period for employees with 17 or more years of service is limited to 52 weeks.
The Act took effect on June 1st, 2026.
Source: Act of May 18, 2026, containing various provisions relating to labor, M.B., June 1, 2026.