Belgian probationary period definitively returns in August 2026: what does this mean for foreign employers?
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At the beginning of 2026, an agreement was reached in Belgium to reintroduce a probationary period, which had been abolished in 2014. In August 2026, this agreement was formally adopted. For employment contracts concluded on or after 1 August 2026, a special scheme applies in Belgium, allowing both the employer and the employee to terminate the employment contract during the first six months with one week’s notice.
What does this mean in practice?
What it means in practice is that both the employer and the employee can end the employment contract within the first 6 months using a very short notice period of one week.
Do you employ staff in Belgium or are you planning to hire an employee there? If so, check in good time what the new scheme means for your employment contracts and termination procedures.
What does this mean for foreign employers?
Foreign companies that do not have an office in Belgium, but who do have local employees based in Belgium, benefit from this new legislation because it reduces the risk of hiring a new employee in Belgium. There will be more time to decide whether you have really found the right person for the job. This is also a good moment to consider the differences in labour law between your own country and its neighbouring countries. It is simply not an option to use your own standard employment contract when you hire an employee abroad. Why not? Because the mandatory provisions in the labour law of the country in which the employee usually works are given priority in most cases, rather than the labour law of another country. If you agree on a probationary period with your employee abroad that is not in line with the local rules, you are running the risk that the entire probationary period, from day one of the contract, becomes null and void. The probationary clause will then not apply if you want to end the employment contract.
✔ Please click here for more information about the risks
✔ Or download our information about ‘Pitfalls when hiring local staff or remote employees in the Netherlands’
How does Belgium differ from its neighbouring countries?
The rules during the first few months of an employment contract vary considerably from country to country. In the Netherlands, a valid probationary period may, subject to certain conditions, allow immediate termination. Germany and France have different maximum periods and termination rules.
Do you employ staff in several countries? If so, do not automatically copy a provision from your Dutch, German or French standard contract. The local rules of the country in which the employee usually works may take precedence.
Would you like to know whether your Belgian employment contracts comply with the new rules?
Our employment lawyers will be happy to help you review or draft your contracts.
Please contact us!
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