Dismissal and notice period in Belgium: time limits, compensation and challenges

Have you been dismissed, or do you want to resign? Then you will want to know how long the notice period in Belgium is (opzeggingstermijn / délai de préavis), whether you are entitled to payment in lieu of notice (opzeggingsvergoeding / indemnité compensatoire de préavis) and whether you can challenge the dismissal. Since the single status (eenheidsstatuut / statut unique) of 2014, blue-collar and white-collar workers have been subject to the same rules, but important changes for new employment contracts came into force in 2026. This article gives an overview for employees and employers in the private sector with an employment contract of indefinite duration.

Notice period in Belgium: how long when your employer dismisses you?

The notice period depends on the employee’s length of service with the employer and is expressed in weeks. The periods are set out in Article 37/2 of the Employment Contracts Act of 3 July 1978 (Arbeidsovereenkomstenwet / loi relative aux contrats de travail). For an employment contract that started on or after 1 January 2014, the notice period for dismissal by the employer includes the following:

• less than 3 months’ service: 1 week;
• 12 to 15 months: 8 weeks;
• 2 to 3 years: 12 weeks;
• 5 to 6 years: 18 weeks;
• 10 to 11 years: 33 weeks;
• 15 to 16 years: 48 weeks;
• 20 to 21 years: 62 weeks, plus one additional week for each further year of service begun.

If the employment contract started before 1 January 2014, the notice period is calculated in two parts: a first part based on the length of service up to 31 December 2013, under the old rules for blue-collar or white-collar workers, and a second part under the new table for service from 1 January 2014. This calculation requires a careful analysis of the file.

What changes in 2026?

In 2026, two important changes came into force for new employment contracts. They apply only to contracts whose performance begins on or after the date on which the relevant measure took effect.

• 52-week cap: for employment contracts whose performance begins on or after 1 June 2026, the notice period for dismissal by the employer is limited to a maximum of 52 weeks. The cap is reached from 17 years of service and also applies to payment in lieu of notice.
• Shorter period at the start: for employment contracts whose performance begins on or after 1 August 2026, the notice period is one week as long as the employee has less than six months of service, both for dismissal by the employer and for resignation by the employee.

For employment contracts that began before that entry into force, the existing notice periods continue to apply. The exact start date of your contract is therefore decisive: have it checked before you calculate or challenge a notice period.

Resignation by the employee

If you resign, the notice period is shorter: roughly half of the period the employer would have to observe, with a maximum of 13 weeks from 8 years of service. The 52-week cap does not change this.

If you leave without observing that period, you will in principle owe your employer payment in lieu of notice yourself. You can always agree a shorter period with your employer.

Formal requirements for giving notice

The employer must serve notice by registered letter or by bailiff’s writ (gerechtsdeurwaardersexploot / exploit d’huissier de justice). The employee may also hand the written notice to the employer, who signs a duplicate for receipt. On pain of nullity, the notice must state the start and the length of the notice period.

The notice period starts on the Monday following the week in which notice was given. A registered letter takes effect on the third working day after it is sent.

Working your notice or payment in lieu of notice?

The employer chooses: either the employee works out the notice period at their normal pay, or the employer ends the employment contract immediately and makes a payment in lieu of notice. That payment equals the current pay and the benefits acquired under the contract, for the (remaining) length of the notice period.

During the notice period you are entitled, under the statutory conditions, to paid job-search leave (sollicitatieverlof / congé de sollicitation). If you find another job during a notice period given by your employer, you can leave with a reduced notice period of 4 weeks at most (known as counter-notice: tegenopzegging / contre-préavis).

Dismissal for serious cause

In the event of a serious breach that makes any professional cooperation immediately and definitively impossible, the employer may dismiss the employee without notice or payment in lieu (ontslag om dringende reden / licenciement pour motif grave). The employee may also terminate the employment contract for serious cause, in the event of a serious breach by the employer.

The law imposes two strict time limits (Article 35 of the Employment Contracts Act): the dismissal must be given within three working days after the terminating party gained sufficient knowledge of the facts, and the serious cause must be notified within three working days after the dismissal, by registered letter, bailiff’s writ or delivery of a written document. If either time limit is missed, the dismissal is irregular and payment in lieu of notice is due. The party relying on serious cause must also prove it, as well as timely notification.

Manifestly unreasonable dismissal (collective labour agreement No. 109)

An employee has the right to know the specific reasons for their dismissal. The request is made by registered letter within two months after the employment contract ends; where notice was given, within six months after the notice was served, but no later than two months after the contract ends. The employer must reply within two months, also by registered letter. If it fails to do so, it owes a fixed civil penalty equal to two weeks’ pay.

A dismissal is manifestly unreasonable (kennelijk onredelijk / manifestement déraisonnable) if it is based on reasons unrelated to the employee’s aptitude or conduct, or not based on the operational requirements of the business, and which a normal and reasonable employer would never have decided upon. The labour court (arbeidsrechtbank / tribunal du travail) may then award compensation of at least 3 and at most 17 weeks’ pay.

If the employer has already communicated the reasons in writing on its own initiative, it does not need to reply again. If it remains silent after a proper request, it must itself prove that the dismissal was not manifestly unreasonable. If the employee did not ask for the reasons, the employee must prove that the dismissal was manifestly unreasonable.

Special protection against dismissal

Certain employees enjoy special protection, including during pregnancy and maternity leave, during parental leave, as staff representatives or candidates in the social elections, and after a complaint of harassment or discrimination. A dismissal in breach of that protection gives rise to an additional protection payment, the amount of which varies from one scheme to another. A discriminatory dismissal may also lead to fixed-sum compensation.

Outplacement

Employees with a notice period of at least 30 weeks are entitled to outplacement and, in addition, to a one-off lump-sum budget for so-called employability measures, such as training, guidance or additional outplacement (Article 39ter of the Employment Contracts Act). For employees aged 45 or over with at least one year of uninterrupted service and a shorter notice period, a separate outplacement scheme exists subject to conditions. Respond promptly to an outplacement offer: anyone who wrongly refuses it may face consequences for their unemployment benefit.

Frequently asked questions

I signed a dismissal letter “for receipt”. Have I accepted anything?

No. A signature for receipt only confirms that you received the letter. However, never sign a document you do not understand, such as an agreement on the termination, without taking advice.

Can my employer dismiss me without giving a reason?

Yes, a dismissal with notice or payment in lieu of notice does not have to be reasoned in the dismissal letter. You can, however, request the specific reasons under collective labour agreement No. 109 and challenge a manifestly unreasonable dismissal before the labour court. For certain protected employees, the employer must also demonstrate a valid reason.

Can my employer dismiss me while I am ill?

Illness does not prevent dismissal. However, a notice period given by the employer is suspended during the incapacity for work. A dismissal based on your state of health may also be discriminatory.

How long do I have to challenge my dismissal?

Claims arising from an employment contract are, as a rule, time-barred one year after the contract ends. The shorter time limits of collective labour agreement No. 109 apply to requesting the reasons for dismissal. So do not wait too long.

What does termination by mutual agreement mean?

The employer and the employee can end the employment contract by mutual agreement at any time, without a notice period. Compensation is then only due if you agree on it. Such an agreement may affect your unemployment benefit, so have it checked before you sign.

Novex Advocaten can help

We advise employees and employers on calculating notice periods and payments, on dismissal for serious cause and on manifestly unreasonable dismissal, and we assist them in proceedings before the labour court. Also read our articles on harassment at work and on accidents at work and occupational diseases. If you have legal expenses insurance, it may cover part of the costs.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.