FAQ — Belgian notice period
Answers to the most frequently asked questions about computing the Belgian notice period. These answers are indicative and do not replace personalized legal advice.
Is the notice period counted in calendar or business days?
The notice period is counted in calendar weeks. The period starts on the Monday following the notification (served in writing) and ends on the Sunday of the computed week.
What happens if the employer dismisses me without notice?
The employer can immediately terminate the contract by paying a compensatory indemnity equal to the gross salary (including benefits) that the employee would have received during the statutory notice period.
How is seniority calculated?
Seniority is the interval between the start-of-employment date and the date of termination notification. Prior periods of employment with the same employer, if not interrupted by a definitive termination, are included.
Does a fixed-term contract have a notice period?
In principle no: a fixed-term contract ends automatically at its term. However, in case of early termination, specific compensation rules apply (typically the salary owed until the term).
Does the probation period still exist?
No. Since the Single Status came into force on 1 January 2014, the probation clause has been abolished. A termination during the first months therefore follows the normal grid (1 week below 3 months of seniority).
Can I negotiate a shorter or longer notice period?
Yes, by mutual agreement. But in case of disagreement, the statutory duration (SPF Emploi grid) applies. Any contract clause providing for a notice period below the legal minimum is void.
Is the notice period due in case of statutory retirement?
Yes, but the duration of the notice period for dismissal in view of statutory retirement is capped at 26 weeks (specific regime introduced in 2018).
Am I paid during the notice period?
Yes. During the worked notice period, the employee receives their normal salary. In case of compensatory indemnity (termination without notice), the amount is paid in one go.
Do my paid holidays affect the notice period?
During the worked notice period, accrued paid holidays can be taken normally (unless otherwise agreed). In case of compensatory indemnity, the holiday pay remains due.
What can I do if I dispute the duration of the notice period?
You can file a procedure before the labour tribunal within one year of the end of the contract. It is strongly recommended to consult a lawyer or a social secretariat such as Paycore.