Resignation notice by the employee in Belgium
When an employee wishes to terminate their open-ended contract, they must respect a statutory notice period whose duration depends on their seniority. The Single Status has unified the rules since 2014 and capped the duration at a maximum of 13 weeks.
1. Resignation notice grid
The notice duration for resignation is roughly half that of a dismissal (the legislator considers that the employer needs more time to organize replacement).
Post-2014 examples:
• < 3 months of seniority: 1 week;
• 6 months: 2 weeks;
• 1 year: 3 weeks;
• 5 years: 6 weeks;
• 8 years and more: 9 to 13 weeks (capped).
2. 13-week cap
Regardless of seniority, the resignation notice cannot exceed 13 weeks. This rule protects the employee and guarantees them reasonable mobility even after a long career with the same employer.
3. Valid notification
The resignation must be notified in writing, with clear mention of the start of the notice and its duration. Three methods are accepted:
• registered letter — the notice takes effect on the 3rd business day following sending;
• in-person delivery with employer's signature — immediate effect;
• bailiff service — rarely used in practice.
The notice always starts on a Monday (except if the letter is delivered the preceding Friday, in some cases).
4. During the worked notice
The resigning employee has the right to absences to search for a new job: half a day per week (1 day in the last 6 weeks), without loss of salary. They continue to receive their normal salary and accrue social rights until the end of the notice.
5. Immediate termination with indemnity
The employee can also pay a severance indemnity equivalent to the salary they would have received during their notice to leave immediately. This is rare in practice (expensive for the employee) but legally possible.