An act was approved amending the transitional provisions for workers employed before 1 January 2014.

These transitional provisions provide, inter alia, for a calculation of the notice period in two parts (part 1: seniority up to 31 December 2013 and part 2: seniority from 1 January 2014) regardless of the terminating party. Furthermore deviating maximum notice periods apply when higher level white-collar workers resign.

The act also "seems" to impact the notice period in case of termination of higher level white-collar workers by the employer.

We discuss the implications of the legislative amendment in this contribution.

Maximum notice period of 13 weeks for employee termination

Due to the amended transitional provisions in the Act concerning the single employment status, the notice period of employees employed before 1 January 2014 will no longer be calculated in two parts if they resign. The notice period will be determined based on the harmonised notice periods with a maximum of 13 weeks.

The cap of 13 weeks will thus apply to all categories of workers employed before 1 January 2014. Other interpretations for blue-collar workers will be avoided. Higher level white-collar workers are also explicitly subjected to this maximum. Higher level white-collar workers are white-collar workers whose annual gross salary exceeds €32,254 on 31 December 2013. The National Labour Council gave a positive opinion on this amendment, stating that it would improve legal certainty.

Since employees with an employment agreement concluded before 1 January 2014, by definition have a seniority of 8 years, the maximum notice period of 13 weeks has been reached.

Deletion of deviating dismissal rules regarding higher level white-collar workers

One of the transitional provisions of the Act concerning the single employment status, more specifically the third paragraph of section 68, states that seniority of senior white-collar workers up to 31 December 2013 (part 1 of the notice period) entitles them to a fixed notice period of one month per started year of seniority in case of termination by the employer, with a minimum of three months.

Following a comment by the Council of State, the legislator also deleted this third paragraph of article 68 in the final legal text to respond to recent case law of the Constitutional Court. The opinion of the National Labour Council was no longer sought.

This deletion would, strictly speaking, mean that part 1 of the notice period of senior white-collar workers would no longer be determined on a flat-rate basis and that the old rules would "revive". This could give rise to new discussions regarding the notice period to be observed for this category.

In view of this unintended consequence, this deletion will be rectified to by an act holding miscellaneous provisions. A draft act is currently submitted to the Council of State for advice and may be debated in the Parliament from September. We will keep you informed.

Entry into force of the new rules

At the request of the National Labour Council, a reasonable deadline for entry into force was set. Indeed, the amendments will only enter into force six months after their publication in the Belgian Official Gazette, i.e. on 28 October 2023. The law does clarify that notices served before the entry into force of the law will continue to have all their effects.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.