Notice Period for Resignation in Belgium: Complete Guide 2026

Resigning from Your Job in Belgium

When an employee in Belgium decides to resign, they must observe a notice period defined by law. Since the Loi Peeters (Law of 26 December 2013), notice periods for employee-initiated resignation are unified across all worker categories and are significantly shorter than the periods required when an employer dismisses an employee.

Notice Periods for Employee Resignation

The notice periods for resignation under the unified statute are based on seniority:

• 0-3 months: 1 week
• 3-6 months: 2 weeks
• 6-12 months: 3 weeks
• 12-18 months: 4 weeks
• 18-24 months: 5 weeks
• 2-4 years: 6 weeks
• 4-5 years: 7 weeks
• 5-6 years: 9 weeks
• 6-7 years: 10 weeks
• 7-8 years: 12 weeks
• 8+ years: 13 weeks (maximum)

The notice period is capped at 13 weeks for employee resignation, regardless of how long you have worked for the employer. This is a significant difference from employer-initiated termination, where the notice period continues to grow with seniority.

How to Give Notice

Under Article 37 of the Employment Contracts Law of 3 July 1978, the notice must:

• Be in writing
• State the start date and duration of the notice period
• Be delivered by one of the following methods:
  • Registered mail: Takes effect on the Monday following the week of sending (not the week of receipt)
  • Bailiff's writ (exploit d'huissier): Takes effect on the following Monday
  • Hand delivery with signed receipt: The employer must sign a copy; takes effect on the following Monday

Important timing rule: The notice period always starts on the Monday following the notification. If you send a registered letter on Wednesday 15 March, it is deemed received on Friday 18 March, and the notice period begins on Monday 21 March.

The Transitional Regime

For employees who were already employed before 1 January 2014, the transitional rules for resignation are simpler than for dismissal. The notice period is calculated based on total seniority using the new unified table only (no double calculation). The old pre-2014 rules for resignation are not applied in the transitional regime, which benefits long-serving employees.

Counter-Notice by the Employee

If an employer has given notice of termination, the employee may give a counter-notice to leave earlier. The counter-notice periods are shorter:

• 0-3 months seniority: 1 week
• 3-6 months: 2 weeks
• 6-12 months: 3 weeks
• 12+ months: 4 weeks (maximum)

Gardening Leave and Exemption from Work

During the notice period, the employee must in principle continue working. However, the employer may choose to exempt the employee from work (commonly called "gardening leave"). In this case, the employer must continue to pay the full salary and benefits during the notice period. The employee is also entitled to one day off per week (or two half-days) to search for a new job during the notice period (sollicitatieverlof / congé de recherche d'emploi), as provided by the Employment Contracts Law.

What Happens If You Leave Without Notice?

If an employee leaves without observing the required notice period, the employer may claim compensation equal to the salary for the unserved notice period. While employers do not always pursue this claim, they are legally entitled to do so. It is strongly advisable to always give proper notice.

Use DroitAI's Notice Period Calculator

DroitAI's Belgian notice period calculator computes your exact notice period based on your seniority. Our AI assistant can also help you draft a resignation letter that meets all legal requirements and advise you on the optimal timing for your departure.