1-week notice: probation period returning?

17/4/2026

Belgian labour law is once again evolving. The federal government is working on a notable reform: introducing a one-week notice period during the first six months of an employment contract.

For many SMEs, this feels like a partial return of the former probation period. But what does this mean in practice, and where do things stand today?

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The measure explained

At first glance, the proposed reform is straightforward: during the first six months of a new employment contract, a fixed one-week notice period would apply, regardless of which party decides to end the relationship.

According to information from social secretariats such as Liantis and Group S, the proposal includes:

A fixed one-week notice period during the first six months
Applicable to both employer and employee
Limited to new contracts only, with no retroactive effect, even for contracts currently under six months
Automatic application, without the need for additional clauses

The objective goes beyond flexibility. In its communication, the government presents the measure as a way to encourage employers to give candidates a chance more easily, without fear of long-term commitments. At the same time, it aims to prevent premature terminations by giving employees the opportunity to prove themselves.

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Not yet in force

It is important to note that the reform has not yet been implemented.

Although it has been included in political agreements, the law still needs to be formally approved and published in the Belgian Official Gazette. Only then will it come into effect.

We are now in 2026, and implementation is expected in the second half of the year. However, no exact date has been confirmed. Until then, current notice period rules remain fully applicable.

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Why this reform?

Since the abolition of the probation period in 2014, many companies have faced a structural imbalance: the need to act quickly in case of a mismatch, while being constrained by notice periods that increase relatively quickly.

The reform aims to restore that balance, without formally reintroducing a probation period.

This is particularly relevant for SMEs. In smaller organisations, each hire has a direct impact on costs, team dynamics and operations. A poor hiring decision can quickly become visible.

A short and fixed notice period at the beginning of employment helps reduce that risk and allows for quicker decision-making.

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What would change in practice?

Currently, notice periods gradually increase with seniority. Even in the early months, they can influence the decision to continue or end an employment relationship.

The reform introduces a single rule: a one-week notice period for the first six months.

This results in:

Lower financial and operational risks when hiring
Faster and clearer decisions in case of a mismatch
Greater flexibility during the initial months

At the same time, employees may also face earlier termination during this period.

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A quiet return of the probation period?

Officially, the probation period is not being reintroduced. In practice, however, the outcome is quite similar.

The underlying logic remains the same: a defined period during which both parties can more easily end the employment relationship. The difference lies in the legal structure, as it is now embedded in notice period rules.

In day-to-day practice, this distinction may feel largely theoretical.

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What about existing contracts?

The reform will only apply to new employment contracts. Existing contracts will remain subject to current rules, even if they have been in place for less than six months at the time of implementation.

In practice, companies may therefore need to manage two systems in parallel, depending on employees’ start dates.

For SMEs, this will require particular attention in terms of administration and internal communication.

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