Severance Pay in Belgium 2026: Notice Periods and Calculation
Belgian notice periods in 2026 (Art. 37/2): the official table, the 52-week cap, one week in the first six months since August 2026, pre-2014 contracts.
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Ask my questionSeverance Pay in Belgium: The Legal Framework
Belgium unified the notice periods of blue-collar workers (ouvriers) and white-collar workers (employés) with the Law of 26 December 2013 introducing a single status (statut unique), in force since 1 January 2014. The periods are set out in Article 37/2 of the Employment Contracts Law of 3 July 1978. It is sometimes wrongly called the "Loi Peeters"; that name belongs to the Law of 5 March 2017 on workable and flexible work.
The law was amended twice in 2026 (Laws of 18 May 2026 and 3 June 2026). Which notice period applies to you therefore depends on the date your contract started, not on the date you are dismissed.
Notice Period vs. Severance Pay
An employer who dismisses an employee without serious cause must either:
- Give a notice period: the employee keeps working and is paid as usual
- Pay compensation in lieu of notice (indemnité compensatoire de préavis): the contract ends at once and the employer pays the remuneration for the length of the notice period (Article 39 of the Law of 3 July 1978)
Notice Periods When the Employer Dismisses
For a contract that started on or after 1 January 2014 and before 1 June 2026 (blue- and white-collar alike):
| Seniority | Notice |
|---|---|
| Less than 3 months | 1 week |
| 3 to under 4 months | 3 weeks |
| 4 to under 5 months | 4 weeks |
| 5 to under 6 months | 5 weeks |
| 6 to under 9 months | 6 weeks |
| 9 to under 12 months | 7 weeks |
| 12 to under 15 months | 8 weeks |
| 15 to under 18 months | 9 weeks |
| 18 to under 21 months | 10 weeks |
| 21 to under 24 months | 11 weeks |
| 2 to under 3 years | 12 weeks |
| 3 to under 4 years | 13 weeks |
| 4 to under 5 years | 15 weeks |
| 5 to under 6 years | 18 weeks |
From 5 years, the notice period grows by 3 weeks per year of seniority begun up to 19 years (60 weeks), reaches 62 weeks between 20 and 21 years, and then grows by one week per year begun. For example, 10 years of seniority gives 33 weeks and 20 years gives 62 weeks.
What changed in 2026:
- Contracts that started on or after 1 June 2026: same table, but notice is capped at 52 weeks from 17 years of seniority (Article 37/2 §1/1).
- Contracts that started on or after 1 August 2026: notice is one week during the first six months of seniority, for dismissal and resignation alike. The 52-week cap also applies.
Seniority is counted from date to the day before the same date, up to the day before the notice starts.
Contracts That Started Before 1 January 2014 (Two-Part Calculation)
The notice period is the sum of two parts (Articles 67 to 69 of the Law of 26 December 2013):
- Part I: seniority accrued up to 31 December 2013, under the rules in force on that date. For a white-collar employee whose gross annual salary did not exceed EUR 32,254 on 31 December 2013: 3 months per 5-year period of seniority begun. Above EUR 32,254: 1 month per year of seniority begun, with a minimum of 3 months. For blue-collar workers, Part I depends on the sector and the start date.
- Part II: seniority accrued since 1 January 2014, using the table above as if the employee had started on that day.
Example from the federal employment ministry (SPF Emploi): an employee below the threshold who started on 1 July 2010 and was dismissed in September 2016 is owed 3 months (Part I) + 12 weeks (Part II).
What Counts in the Severance Amount
Compensation in lieu of notice covers the current remuneration and the benefits acquired under the contract (Article 39 of the Law of 3 July 1978):
- Gross base salary, shift premiums and regular overtime
- Variable pay (commissions, bonuses): the average of the 12 months before the dismissal
- End-of-year premium where it is owed, benefits in kind (company car, housing) and the employer's group insurance contribution
- Costs that belong to the employer, such as the business use of a phone, are not included
To turn a monthly salary into a weekly one: monthly salary × 3 ÷ 13. For example, EUR 2,500 × 3 ÷ 13 = EUR 576.92 per week of notice.
Compensation in lieu of notice is subject to social security contributions and income tax. It is in principle taxed separately, at an average rate (Article 171 of the Income Tax Code 1992).
Dismissal for Serious Cause
Article 35 of the Law of 3 July 1978 allows the contract to be ended without notice or compensation for serious misconduct that makes any further working relationship immediately and permanently impossible. The dismissal must be given no later than 3 working days after the employer learned of the facts, and the grounds must be notified within 3 working days after the dismissal, by registered letter, bailiff's writ or a written document handed over. The employer must prove both the misconduct and that these deadlines were met.
Check Your Own Situation
DroitAI's assistant applies these Belgian notice tables to your start date and seniority, flags the two-part calculation for contracts that started before 2014, and can help you draft a reply to your employer.
Checked on 23 September 2026 against Justel (Article 37/2 of the Law of 3 July 1978) and the SPF Emploi website. Legal information, not advice from a lawyer.
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Written with the help of AI from the official texts. Legal information, not advice from a lawyer: check the text in force on your date.
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