The probationary period returns in Belgium – how it works in neighbouring countries
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An agreement has been reached in Belgium to introduce the probationary period for new employees again. This can be included in the employment contract by means of a probationary clause. Until 2014 there was a similar system in Belgium, but it was abolished.
What does the return of the probationary period 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. The notice period is also one week now if the contract was signed less than 3 months ago, but after this the notice period becomes longer.
This new regulation will probably come into effect in the spring of 2026 (after the Parliament has voted). This new rule will only apply to employment contracts signed after the new regulation comes into effect.
What do you need to know if you have employees abroad?
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 there. 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 study the differences in labour law between your own country and its neighbouring countries. It is simply not an option to use your 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 a foreign 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 clause about their probationary period will simply not apply if you want to fire the employee abroad.
✔ Please click here for more information about the risks
✔ Or download our information about ‘Pitfalls of Hiring Employees Abroad’
The probationary period in Belgium vs. The Netherlands, Germany and France. What are the main differences?
In all these countries, a probationary period for new employees needs to be put in writing and agreed by both employer and employee to derive any rights from it. But what about the difference in how long the probationary time is? And what is the notice period during the probationary period you need to take into account?
Belgium (still to be decided)
- A probationary period is only allowed in new employment contracts. The duration of the probationary period is a maximum of 6 months with one week’s notice. (Now the employer needs to take into account that the notice period is one week until 3 months after the employee started working, after that it is systematically increased by 1 week).
- The clause about the probationary period always needs to be put in writing and agreed on by both employer and employer to derive any rights from it.
- Not decided yet, awaiting approval by the Belgian Parliament.
The Netherlands
- A probationary period can only be used for employment contracts with a duration of more than 6 months.
- The probationary period is a maximum of 1 month for temporary employment contracts for a duration of less than 2 years. (It is only possible to change this if it is changed in the collective labour agreement (CAO)).
- The probationary period is 2 months for contracts for an indefinite period of time (open-ended contracts) or for temporary contracts with a duration of two years or more.
- There is no notice period when the employment contract is ended during the probationary period.
Germany
- In Germany a probationary period (Probezeit) is usually 6 months. This period is shorter for temporary contracts.
- During the probationary period the employment contract can be ended with a short notice period of approx. 2 weeks.
France
- In France the probationary period (période d’essai) needs to be put in writing in the contract. The duration of this period depends on the position: for employees it is up to 2 months, for managers it is up to 4 months, and extensions are possible if a number of conditions are met.
- Notice periods during the probationary period are brief, but they have been officially put down in writing in French labour law.
How can you apply the probationary period correctly?
✔ Make sure that the clause about the probationary period in the employment contract is correctly formulated
Make sure that the clause about the probationary period is clearly included in writing in the employement contract according to the rules and regulations of the county in which your emplyee works.
✔ Be careful with standard employment contracts
Don’t come to the conclusion that the wrong clause about a probationary period has been used in the contract when it is too late.
✔ Please check in advance which notice period and method applies
In the event that you want to say goodbye to your new employee during the probationary period, you know precisely how to go about this and what your rights are.
✔ Make sure that you have all the relevant information for all countries at your finger tips.
Like to know more about probationary periods in your own country and abroad?
We are happy to assist you in drawing up employment contracts for your employees abroad in the Netherlands, Belgium, Germany, France, the United Kingdom and Italy. In the Netherlands and Belgium we employ are own labour lawyers at Interfisc, and in the other countries we work closely with external partners who we can put you in contact with.
Please contact us!
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