Notice period capped at 13 weeks for all workers terminating their employment agreement

1. How it was previously

When the law relating to the "unified workerstatus" came into force on 1 January 2014, a transitional regime for calculating the notice periods in case of termination of running employment agreements by the worker was introduced.  

As a consequence of this transitional regime two notice periods had to be calculated:

(i) a notice period for the period running from the conclusion of the employment agreement until 31 December 2013; and

(ii) a notice period for the period from 1 January 2014 until the end of the employment agreement.

These two periods were to be added together to determine the total notice period to be observed.

This transitional regime already provided for a limitation of the total notice period - to 13 weeks - in the event an employee resigned and the total notice period, taking into account the first and second part, was longer. In practice, however, this transitional regime lacked clarity.

2. As it will be

The transitional regime is now replaced by a new paragraph that expressly states that the notice period for both blue-collar and white-collar workers may never exceed 13 weeks.

As a result, in the event of resignation, the new notice periods - providing for a maximum of 13 weeks for workers with at least 8 years of seniority - will apply.

3. Other transitional rules repealed

In addition, the transitional provisions relating to notice periods in the event of dismissal for so-called "senior" employees have also been repealed, as they are considered to be contrary to the constitutional principle of equality.

The latter transitional provision stipulated that the notice period for employees whose annual remuneration exceeded €32,254.00 on 31 December 2013 is one and a half months per five-year period of service, with a maximum of four and a half months. For employees whose annual remuneration exceeded €64,508.00 on 31 December 2013, the maximum notice period was set at 6 months.

In several rulings, the Constitutional Court has held that the distinction thus made between so-called "senior" and "junior" employees is contrary to the constitutional principle of equality.

4. Conclusion

The law of 20 March 2023 comes into force on 28 October 2023.

Notices given before 28 October 2023 will continue to have full effect.

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