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Notice period in Belgium

Termination of employment in Belgium

Post-termination restraints in Belgium

Waivers in Belgium

Transfer of undertakings in Belgium

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End of contract in Belgium

When ending an employment contract in Belgium, certain guidelines and procedures need to be followed to ensure that the termination process is conducted in compliance with labour laws and regulations.

In this guide, we will cover several important factors you need to know when ending a contract in Belgium, such as notice period, post-termination restraints, transfer of undertakings and more.

Notice period in Belgium

Termination of employment contracts in Belgium typically involves serving a notice period or making a payment of an indemnity in lieu of notice. Sometimes, employers combine both methods, where a notice period is served followed by the payment of an indemnity.

The notice period depends on the length of service of the employee. See the calculation of the minimum notice period in Belgium below:

0-3 months service: 1 weeks’ notice
4 months: 3 weeks’ notice
5 months: 4 weeks’ notice
6 months: 5 weeks’ notice
6-9 months: 6 weeks’ notice
9-12 months: 7 weeks’ notice
12-15 months: 8 weeks’ notice
18-21 months: 10 weeks’ notice
21-24 months: 11 weeks’ notice
2< years: notice continues to build each year, capped at 65 weeks’ notice.

Instead of serving a notice period, it is possible for employers to provide a payment in lieu of notice in certain circumstances. For example, the dismissal of a pregnant employee requires the employer to pay compensation in lieu of notice.

Severance pay in Belgium

Severance pay is applicable only when termination occurs without notice from the employer. The amount of severance pay to be paid by the employer is fixed and variable, depending on the employee’s seniority within the company, ranging from 2 to 8 years of wages.

For example, employees with less than one year of service may be entitled to up to 3 months’ salary in severance pay, while employees with more than 20 years of service may be entitled to up to 17.5 months’ salary.

Probation period in Belgium

Probationary periods are not allowed under the employment law in Belgium. Since January 2014, the Unified Employment Status Act has abolished probation or trial periods, except for students, temporary workers, and temporary agency workers. Therefore, employers in Belgium cannot have a defined trial period or probation period in their employment contracts. Instead, notice periods are required when either the employer or employee wishes to terminate employment.

Termination of employment in Belgium

In Belgium, both employers and employees have the right to terminate the employment contract at any time. Employees in Belgium can only be dismissed for specific reasons, such as poor performance, misconduct or violation of company policies, redundancy, incapacity, and expiration of employment or fixed-term contracts.

Meanwhile, termination grounds are subject to limitations. It is not permissible to terminate an employee in Belgium based on discriminatory factors, such as race, gender, religion, age, disability, or sexual orientation. Employees who engage in whistleblowing activities are also protected from termination.

Termination process in Belgium

The termination process in Belgium can vary depending on the employment agreement. The strictest form of dismissal is dismissal with notice, which requires providing advance notice to the employee.

Some sectors have additional termination processes outlined in collective bargaining agreements. These procedures may provide specific information and consultation rules, adding an extra layer of protection for employees.

Employee termination
When an employer in Belgium wishes to terminate an employment contract, they must provide the employee with written notice informing them of the termination date and the length of the notice period. Employers must follow the statutory or contractual notice period, providing ample time for the employee to prepare for the end of the employment relationship.
Employee resignation
Employees in Belgium are also required to provide notice when resigning from their position. The length of the notice period for employees is typically defined in the employment contract or through applicable labour regulations.

When an employment contract comes to an end, employers in Belgium must pay all wages that are still due to the employee. According to Article 11 of the Wage Protection Act, these wages should be paid without delay and on the first payday following the contract’s end, at the very latest. In Belgium, employers and employees may mutually agree to shorten or waive the notice period under specific circumstances, provided both parties consent to the arrangement in writing.

Notice period for termination in Belgium

In cases of dismissal, the termination notice period can vary based on different factors such as the length of service and the classification of the worker. For employees who have been employed for at least six months, they have the right to know the reason for their termination.

Termination pay in Belgium

In cases where a certain percentage of the workforce in a business is made redundant, collective agreements generally entitle them to additional compensation beyond average unemployment benefits. However, employees dismissed for serious cause or resign may not immediately qualify for unemployment benefits.

Meanwhile, in certain cases, employers may place an employee on garden leave during the notice period, where the employee is required to stay away from the workplace while still receiving their full salary and benefits

Post-termination restraints in Belgium

Under the law, post-termination restraints such as non-compete and non-solicitation are generally allowed, but their enforceability is subject to strict conditions. If deemed reasonable, employers may enforce post-termination restraints that protect their legitimate business interests.

Non-compete clause in Belgium

Non-compete clauses have specific conditions, including those related to salary level, scope of application, and duration. Typically, the duration should not exceed 12 months, except in the case of “international non-compete clauses” with a geographical scope beyond the Belgian territory. The employee may receive a non-compete indemnity equal to half of the remuneration due for the non-compete period if the employer does not explicitly waive the non-compete obligation in a timely manner. However, this exception does not apply to non-competes in employment contracts for sales representatives.

Customer non-solicitation clause in Belgium

It is generally permissible, but only enforceable if reasonable.

Employee non-solicitation clause in Belgium

It is generally permissible, but only enforceable if reasonable.

When considering implementing post-termination restraints, employers in Belgium should carefully assess the necessity and appropriateness of such measures based on the specific circumstances of their business and the role of the departing employee. The agreement on post-termination restraints must be in writing, either at the conclusion of the contract or during its duration. It is essential to strike a balance between protecting the company’s interests and respecting the rights of the employee.

Waivers in Belgium

While waivers are enforceable, employees can only sign a settlement agreement regarding their acquired rights and not their future rights.

Transfer of undertakings in Belgium

In the context of workforce management, the transfer of undertakings in Belgium involves an automatic transfer as per the EU Acquired Rights Directive/Collective Bargaining Agreement no. 32, in the event of a business sale or a change in service provision. Following such a transfer, there are strict limitations on altering the terms and conditions. Moreover, there is a responsibility to keep employee representative bodies informed and consulted. In cases where there are no representative bodies, the information must be directly provided to the employees. It is important to note that any dismissal related to the transfer is considered unfair unless it is due to valid economic, technical, or organisational reasons.

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Employment contracts can end for various reasons and avenues. However, you need to thoroughly understand the rules and regulations governing the end of employment to avoid potential financial and legal risks.

At CXC, our comprehensive compliance solution ensures your business is protected throughout the entire employee lifecycle, from onboarding to offboarding, regardless of the circumstances.

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FAQ's

1. How long is the standard notice period in Belgium?

Belgium does not have a single standard notice period. The required notice period is set by law and is generally based on the employee’s length of service and whether the employer or the employee is ending the employment relationship.

For employees dismissed by their employer, the statutory notice period usually increases as the employee’s continuous service grows. For employment contracts beginning on or after 1 January 2014, employer notice currently ranges from one week for employees with less than three months’ service and increases under the statutory table as seniority grows. Employees who resign are also required to give notice, although the applicable notice period is generally shorter than the period an employer must provide. As of July 2026, resignation notice ranges from one to 13 weeks and is capped at 13 weeks once the employee has at least eight years of seniority.

A legislative change taking effect on 1 August 2026 introduces a one-week notice period for both employer dismissal and employee resignation during the first six months of an indefinite-term contract whose performance begins on or after that date. Contracts beginning before 1 August 2026 remain subject to the existing statutory table for that initial period. Notice can be worked or, replaced by a payment in lieu of notice. Collective bargaining agreements or employment contracts may provide more favourable terms but cannot reduce the employee’s statutory rights. Individual agreements on termination terms may also be reached after notice, or termination is given but advance contractual clauses cannot validly reduce the statutory notice entitlement.

Employers should calculate the applicable notice period before ending employment to ensure they meet Belgian legal requirements. For contracts that began before 1 January 2014, transitional calculations may require the addition of a pre-2014 component and a post-2013 component.

2. Is a notice period mandatory when terminating employment in Belgium?

Yes. A notice period is generally required for termination of employment in Belgium, unless the employer chooses to end the contract immediately by paying an indemnity in lieu of notice or has a valid serious cause for immediate dismissal. The method must match the legal circumstances.

Notice must be delivered through the prescribed formal route and should state the start date and duration. An employer’s notice must be served by registered letter or bailiff’s writ. Hand delivery by the employer is not valid for giving notice. A registered letter takes effect on the third working day after it is sent, and the notice period begins on the Monday following the week in which notification takes effect. An employer cannot simply tell an employee orally that their employment will end in several weeks. Defects in the notification can invalidate the notice, even where the underlying business decision was reasonable.

Immediate termination with a payment in lieu is often used where the business does not want the employee to continue working during the notice period. Serious-cause dismissal is different and requires prompt action supported by strong evidence.

The choice between notice and payment should be made deliberately. It affects cost, timing, employee relations and the documentation needed for a compliant exit.

3. How does the notice period affect employee rights in Belgium?

The notice period in Belgium protects the employee by giving time to prepare for the end of employment while continuing to receive normal pay and benefits. During an employer-given notice period, the employee may also be entitled to paid time off to look for another job.

During the final 26 weeks of notice, the employee may generally take one full day or two half-days of paid job-search leave each week. During any earlier portion, the general entitlement is one half-day per week. An employee entitled to statutory outplacement support may generally take one full day or two half-days throughout the notice period. The entitlement continues even if the employee is not actively seeking work, but it ends once the employee has found new employment.

The employee remains employed throughout the notice, so contractual duties, confidentiality obligations and workplace policies continue to apply. The employer should maintain normal treatment and avoid isolating the employee or changing their role in a way that undermines the notice arrangement.

Where the employer ends employment immediately, the notice period is replaced by an indemnity in lieu. This payment is intended to compensate for the remuneration the employee would have received had notice been worked.

Notice is therefore not merely an administrative interval. It is a period in which the employee’s pay, benefits and dignity should be protected while the employment relationship reaches an orderly conclusion.

4. Are notice periods different for white collar and blue-collar workers in Belgium?

No. Belgium generally applies the same statutory notice period rules to both white-collar and blue-collar workers for seniority accrued from 1 January 2014.

Since the introduction of the Unified Employment Status Act on 1 January 2014, Belgium has used a single framework for calculating notice periods for most employees. The applicable notice period is based primarily on the employee’s length of service and whether the employer or the employee gives notice, rather than the type of work they perform.

Some transitional arrangements may still apply to employees with service before 1 January 2014, but the unified rules apply to employment built up from that date onwards. For those employees, the total notice period may need to be calculated in two parts: one based on seniority accrued up to 31 December 2013 under the previous rules and another based on seniority accrued from 1 January 2014 under the unified rules.

For most employers hiring in Belgium today, notice periods are calculated using the same statutory framework regardless of whether an employee performs manual or non-manual work.

5. How do you terminate a contract in Belgium?

An employer can terminate an employment contract in Belgium by giving statutory notice, paying compensation in lieu of notice, or dismissing an employee for serious cause where the legal requirements are met. The parties may also terminate the contract by mutual agreement, which should be documented carefully.

The correct process depends on the type of employment contract and the reason for ending the employment relationship. Indefinite-term contracts can generally be ended by notice or payment in lieu of notice. Fixed-term contracts usually end on the agreed date and terminating them early may result in compensation unless a legal exception applies.

Before ending employment, employers should confirm the applicable notice period, consider any employee protections, and check whether collective bargaining agreements or consultation requirements apply. The employer must also provide the required employment documents and final payroll payments. These may include the C4 unemployment document, a final payslip and individual account, a holiday certificate for white-collar employees, the relevant tax form and an employment certificate if requested. The employer must also complete the employee’s Dimona OUT declaration.

Outstanding salary, holiday pay, expense reimbursements, contractual benefits and any indemnity in lieu of notice must be calculated correctly. The applicable Joint Committee should be checked for prorated end-of-year bonusesor other termination-related payments. Following the correct legal process helps reduce the risk of disputes and ensures the termination complies with Belgian employment law.

6. What is the termination cost in Belgium?

There is no flat termination cost for the end of a contract in Belgium. The most common payment is an indemnity in lieu of notice when an employer ends an indefinite contract immediately rather than allowing the employee to work their statutory notice period.

The indemnity is generally based on the current remuneration the employee would have received during the applicable notice period. This can include more than base salary, depending on the worker’s regular contractual benefits and remuneration structure. Benefits acquired under the contract must generally be included, while genuinely variable remuneration and benefits are normally valued using the applicable statutory reference period. Business expenses that merely reimburse employer costs are not included.

A fixed-term contract can produce a different compensation amount if ended early without lawful justification. The payment may be linked to the remuneration due for the remaining term, subject to statutory limits.

Additional compensation can arise in particular situations, such as discrimination, protected dismissal or failure to follow a required process. The business should therefore calculate the whole exit cost, not simply multiply monthly salary by an estimated notice period.

7. Is severance pay mandatory in Belgium?

No. Belgium does not require employers to pay a separate statutory severance payment when employment ends in most cases. However, statutory notice or an indemnity in lieu of notice will normally be required when an employer dismisses an employee under an indefinite-term contract without serious cause.

Instead, employers are generally required to provide the statutory notice period or pay compensation in lieu of notice if they choose to end the employment immediately. The amount depends on the employee’s length of service and the applicable notice period under Belgian law.

Additional payments may still arise in certain situations. Collective bargaining agreements, employment contracts, settlement agreements, or specific restructuring arrangements can provide benefits beyond the statutory notice entitlement.

Before ending employment, employers should calculate the employee’s notice entitlement and review any contractual or collective obligations to determine the final payments due.

8. Does length of service affect severance pay in Belgium?

Yes. The length of service strongly affects the cost of termination of employment in Belgium because it is central to calculating statutory notice. The longer an employee has worked for the employer, the longer the applicable employer notice period is likely to be.

Where the employer pays an indemnity in lieu of notice, this means service length directly affects the amount payable. The calculation may become more complex for employees whose service began before 1 January 2014, because transitional rules can apply. For these employees, the notice entitlement may require a two-part calculation covering service accrued before and from 1 January 2014.

Length of service can also affect contractual or collective-agreement entitlements, including any enhanced termination arrangement. It does not automatically create a universal severance payment separate from notice, however.

Before making a dismissal decision, employers should confirm the employee’s start date, uninterrupted service, contractual benefits and any historic changes in status. A precise service record is one of the most important documents in a compliant termination file.

9. How can companies ensure fair and compliant severance pay practices in Belgium?

Companies can help ensure fair and compliant severance pay practices in Belgium by correctly calculating all final payments and applying the same process consistently for every employee.

Where notice compensation is payable, employers should calculate it using the employee’s statutory notice entitlement and the remuneration that must be included under Belgian law. Final payments may also include outstanding salary, accrued holiday pay, bonuses or other contractual entitlements, depending on the circumstances.

Before ending employment, employers should review any applicable collective bargaining agreements, employment contract terms, and employee protections that could affect the final payment. Keeping clear records of how each amount was calculated also helps resolve questions or disputes after employment ends.

A consistent, well-documented process helps employers meet their legal obligations and gives employees a clear understanding of how their final payments were determined.

10. How does CXC help employers navigate complex termination regulations in Belgium?

CXC helps employers navigate complex termination regulations in Belgium by managing the local employment process through its Employer of Record service, helping ensure dismissals comply with Belgian labour laws, notice requirements and employment obligations.

CXC works with in-country employment and HR specialists to review the proposed termination, assess the applicable legal requirements, prepare compliant documentation, calculate statutory notice or compensation, coordinate final payroll, and help manage the employee exit process. This allows employers to make informed decisions before communicating a dismissal.

Where additional requirements apply, such as employee protections, fixed-term contracts, collective bargaining agreements or restructuring obligations, CXC helps employers understand their responsibilities and follow the appropriate local process.

By combining local expertise with day-to-day employment administration, CXC helps international businesses reduce compliance risk, provide employees with a fair and consistent exit process, and manage workforce changes in Belgium without needing their own local HR and employment infrastructure.

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