Arbeidsovereenkomst

New notice periods in 2026: only one week during the first six months and capped at 52 weeks

2 October 2026

The rules governing notice periods for employment contracts have been amended on two key points:

  • As of 1 August 2026: the notice period during the first six months of employment is limited to one week.

  • As of 1 June 2026: a maximum notice period of 52 weeks applies in the event of dismissal by the employer.

1. Reduced notice period during the first six months of employment

The notice period for employees with less than six months of seniority has been revised.

Under the previous regime, the notice period during the first six months depended both on the employee's length of service and on which party terminated the employment contract. In the event of dismissal by the employer, the notice period could range from one to five weeks. If the employee resigned, the notice period varied between one and two weeks.

Since 1 August 2026, a single uniform notice period of one week applies during the first six months of the employment contract. This applies irrespective of whether the employment contract is terminated by the employer or by the employee. After six months of seniority (and up to nine months), the notice period increases to six weeks where notice is given by the employer. Where notice is given by the employee, the notice period increases to three weeks.

CBA No. 109 on manifestly unreasonable dismissal already provides that an employer must communicate the reasons for dismissal by registered letter to an employee with at least six months of seniority, provided that the employee requests such justification by registered letter within two months following the termination.

As a result, the six-month seniority threshold has become an even more important turning point for employers. Once that threshold is reached, the notice period immediately increases from one week to six weeks.

A significant transitional arrangement, however, applies. The new notice period is only applicable to employment contracts whose performance commences on or after 1 August 2026. Employment contracts that started before that date remain subject to the existing notice period rules.

2. Notice period capped at 52 weeks

Since the introduction of the unified employment status ("single status") in 2014, the duration of the notice period has been determined on the basis of the employee's seniority. A statutory maximum notice period of 13 weeks already existed for resignations by employees. Until recently, however, there was no general cap on the notice period applicable when an employer terminated the employment contract.

This has now changed. For employment contracts whose performance commences on or after 1 June 2026, the notice period in the event of dismissal by the employer is capped at 52 weeks. In practice, the method for calculating the notice period remains unchanged until the cap is reached. Employees with 17 years of seniority are entitled to a notice period of 52 weeks, and for employment contracts commencing on or after 1 June 2026, the notice period will no longer increase beyond that point.

This cap applies exclusively to dismissals by the employer. The rules governing termination by the employee remain unchanged. Here too, the transitional arrangements are important. The cap applies only to employment contracts whose performance commences on or after 1 June 2026. Employment contracts that started before that date remain subject to the existing rules, meaning that the new 52-week cap does not apply.

The practical impact of this measure will not be immediately noticeable. As the cap only becomes relevant after 17 years of seniority, the amendment will, in principle, only have tangible consequences over the longer term for employees who remain continuously employed by the same employer from 1 June 2026 onwards.

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Are you facing a dismissal or would you like advice on the termination of an employment contract? Do not hesitate to contact us. Astrea would be pleased to assist you with tailored legal advice.