Notice periods in Belgium are a crucial aspect of Belgian employment law. They require a specific period to be respected when either the employer or the employee terminates the employment contract. They are solely based on the employee’s seniority.

Belgian Notice Periods for Employees

In Belgium, the notice period an employee must observe when resigning depends on their length of service, also known as seniority. The following table outlines the notice periods for employees wishing to resign. These rules are consistent and apply equally to employees who started before 1 January 2014: 

Seniority  Notice Period (in weeks) 
Less than 3 months  1 
3 to less than 6 months  2 
6 to less than 12 months  3 
12 to less than 18 months  4 
18 to less than 24 months  5 
2 to less than 4 years  6 
4 to less than 5 years  7 
5 to less than 6 years  9 
6 to less than 7 years  10 
7 to less than 8 years  12 
8 years or more  13 

These notice periods apply to both blue-collar and white-collar workers, regardless of when their employment began. 

Belgian Notice Periods for Employers – Employees Who Started After 2014

When an employer decides to terminate an employee’s contract, the notice period also depends on the employee’s seniority. However, it is crucial to note that the rules differ for employees whose contracts began before 1 January 2014. For these employees, a “double photo” method is used, which combines two different periods to calculate the notice period. 

The notice periods for employers for contracts starting after 1 January 2014 are as follows: 

Seniority Notice Period (in weeks)
Less than 3 months 1
3 to less than 4 months 3
4 to less than 5 months 4
5 to less than 6 months 5
6 to less than 9 months 6
9 to less than 12 months 7
12 to less than 15 months 8
15 to less than 18 months 9
18 to less than 21 months 10
21 to less than 24 months 11
2 to less than 3 years 12
3 to less than 4 years 13
4 to less than 5 years 15
5 to less than 6 years 18
6 to less than 7 years 21
7 to less than 8 years 24
8 to less than 9 years 27
9 to less than 10 years 30
10 to less than 11 years 33
11 to less than 12 years 36
12 to less than 13 years 39
13 to less than 14 years 42
14 to less than 15 years 45
15 to less than 16 years 48
16 to less than 17 years 51
17 to less than 18 years 54
18 to less than 19 years 57
19 to less than 20 years 60
20 to less than 21 years 62
21 to less than 22 years 63

From 21 years of seniority, an additional week is added for each year of seniority. 

Notice Period Calculation for Employees Who Started Before 2014

For employees whose contracts began before 1 January 2014, the notice period is calculated using a “double photo” method, which involves two parts: 

Part I: Calculated based on the seniority acquired up to 31 December 2013, according to the rules in effect at that time. For blue-collar workers, the calculation depends on whether they worked in the private, health or public sector. Additionally, the start date of their employment contract (before or after 1 January 2012) affects the calculation. For white-collar workers, it depends on their annual gross salary as of 31 December 2013. Lower-level white-collar workers have a notice period of three months per five years of service, while higher-level white-collar workers have one month per year of service with a minimum of three months. 

Part II: Calculated based on the seniority acquired from 1 January 2014, onwards, as if the employee started on this date. The notice periods for this part follow the rules for contracts started after 1 January 2014. 

Importance of Correctly Calculating Notice Periods

Incorrectly calculating notice periods can lead to severe legal consequences, such as facing criminal sanctions, having to pay additional compensations or dealing with legal action from the employee. 

Alongside correctly calculating the length of the notice period, it’s necessary to comply with several other obligations when terminating an employment contract. Specific obligations must be met to properly execute a termination in Belgium. Additionally, other rules and notice periods apply in cases of fixed-term contracts, collective dismissal, dismissal with serious cause, and more. 

If you want to ensure that you are calculating notice periods correctly and complying with all legal requirements, contact us for a consultation. We can ensure that all procedures are followed correctly and provide advice tailored to your specific circumstances.