Notice periods in Belgium: amended rules effective from 28 October 2023

News

03-11-2023

2 minutes read

Earlier this year an act was adopted, limiting the maximum notice period, in the event of resignation, to 13 weeks. On 28 October 2023, this act came into force.

As announced in our previous article (30 June 2023, see below), the legislator has since made a rectification with regard to the termination by the employer of higher level white-collar workers (white-collar workers whose annual gross salary exceeded €32,254 on 31 December 2013). An act containing miscellaneous labour provisions was adopted to this end, which also came into force on 28 October 2023.

Maximum notice period of 13 weeks

Any resigning employee (blue-collar and white-collar workers) employed before or from 1 January 2014, who resigns, will be subject to a notice period amounting to a maximum of 13 weeks. Consequently, employees with a seniority of 8 years or more with their employer will have to observe a maximum notice period of 13 weeks when resigning.

On 28 October 2023, this new rule came into force. Terminations served before this date do retain all their effects.

Restoration and clarification of the dismissal rules regarding higher level white-collar workers

The deletion of the third paragraph of section 68 in the Act concerning the single employment status would give rise to new discussions and legal uncertainty about the notice period of higher level white-collar workers when they are terminated by the employer.

To avoid these unintended consequences, the third paragraph of section 68 was restored. Consequently, it is established that higher level white-collar workers' seniority up to 31 December 2013 (part 1 of the notice period) entitles them to a lump-sum notice period of one month per started year of seniority in case of termination by the employer, with a minimum of three months.

In addition, the legislator clarified in the restored section that the termination clauses in force as of 31 December 2013, whether more favourable or unfavourable, continue to have effect. This clarification was required to comply with the case law of the Constitutional Court.

30 June 2023 : Workers employed before 1 January 2014: impact of the legislative amendment on terminations

Do not hesitate to contact the Employment & Benefits team. We will be happy to assist you!