New notice periods in the event of dismissal during the first 6 months: amend your employment regulations!

The law of 26 March 2018 on the improvement of economic growth and social cohesion amends the length of the notice periods to be notified when an employee is dismissed during the first 6 months’ employment.
These new notice periods apply in the event of dismissal as from 1 May 2018.
As a result of the entry into force of those new regulations, you shall have to adapt your company's employment regulations.

"Old" notice periods

The notice periods that had to be notified when an employee with less than 6 months length of service is dismissed, were:

• 2 weeks for a length of service of less than 3 months,
• 4 weeks for a length of service from 3 months to less than 6 months.

New notice periods

From 1 May 2018, the notice periods to be notified when an employee with less than 6 months length of service is dismissed, are the following:

• 1 week for a length of service of less than 3 months,
• 3 weeks for a length of service from 3 months to less than 4 months,
• 4 weeks for a length of service from 4 months to less than 5 months,
• 5 weeks for a length of service from 5 months to less than 6 months.

Note: the notice periods that have to be notified when an employee resigns during the first 6 months’ employment, shall remain applicable without change.

Summary table

Amend your employment regulations.

All employment regulations must stipulate the duration of the notice periods or the specific rules for the determination of the notice periods or the reference to the relevant legal and regulatory provisions.

We have put a model document of the appendix to the employment regulations with regard to the notice periods at your disposal.

To insert this appendix in your employment regulations, the conciliation procedure within the works council or, in absence thereof, with the employees does not have to be observed.

As an employer, however, you are still obliged to:

• hand a copy of the modification of the employment regulations to each employee (including a receipt);
• communicate this modification to the competent directorate of the Social Legislation Inspectorate within 8 days following its effective date.

More information? Contact one of our legal advisers by phone (no.: 02.549.30.20 (Dutch) – 02.549.30.10 (French)) or by email (legal@partena.be).

Source: law of 26 March 2018 on the improvement of economic growth and social cohesion, Belgian Official Gazette 30 March 2018.

Author: Catherine Legardien et Catherine Mairy

02/05/2018