Six months to decide: why following up on new hires becomes a strategic priority as of 1 August 2026
When waiting costs money
A new account manager starts full of enthusiasm, but after two months it is clear that the results are not coming and that the working relationship is strained. The manager hopes things will improve. HR has not yet scheduled a formal review. Six months later there is still no report, no warning, no improvement plan, let alone a decision. Only in month eight is the decision taken to part ways.
That delay feels human, but it is first and foremost a financial and legal decision that nobody consciously took. The cost of dismissal has risen in the meantime, the employer’s evidentiary position is weak and the risk of a dispute about the reasons for the dismissal is real. With the new dismissal rules taking effect on 1 August 2026, the difference between deciding in good time and deciding too late takes on an additional dimension.
The legal framework
The probationary period is back, in a different form
The Act on the Single Employment Status abolished the classic probationary period on 1 January 2014. Employers wishing to part ways with an employee during the first months fell back on the notice periods under Article 37/2 of the Employment Contracts Act of 3 July 1978: two weeks during the first three months and four weeks during the following three months. Under the Recovery Act (Relancewet), those notice periods were reduced as of 1 May 2018 to one week during the first month, rising to five weeks in month six.
That is now changing. The Act of 3 June 2026 amending Article 37/2 of the Employment Contracts Act (Belgian Official Gazette, 15 June 2026) enters into force on 1 August 2026. For employment contracts starting on or after that date, a notice period of one week applies throughout the entire first six months, for employer and employee alike. In effect, a form of probationary period is automatically imposed on every employment relationship.
It regularly happens that the employee previously worked within the company as a temporary agency worker (with the company as user undertaking). Under certain conditions, periods of agency work must also be counted towards seniority. This may mean that the shortened one-week notice is no longer available.
In parallel, the Act of 18 May 2026 containing various employment provisions (Belgian Official Gazette, 1 June 2026) caps the maximum notice period in the event of dismissal by the employer at 52 weeks for contracts starting on or after 1 June 2026.
The 52-week cap does not only apply to so-called starters. Employees who were already employed and have built up seniority may also enter into a new employment contract (for instance upon a change of function or a company reorganisation) and so fall under the cap.
For existing employment contracts, the previous rules continue to apply. Employers will be working with two regimes side by side for years to come. Where HR documents such as the work rules expressly refer to the longer notice periods, they will of course have to be brought into line with the new statutory rules.
The contract choice
Fixed-term or open-ended: the balance shifts
For years, many companies used the fixed-term employment contract as an informal probationary period. That logic deserves a thorough review today. Outside the first half of the term (capped at six months), unilateral termination is only possible against payment of an indemnity equal to the salary until the end date, capped at twice the severance indemnity that would be due under an open-ended contract.
For contracts starting on or after 1 August 2026, the picture shifts: an open-ended contract offers an exit route with one week’s notice for six months, whereas under a six-month fixed-term contract the cost of dismissal during the second half is double.
It should be noted that some employers, given the nature of their activities and their sector, depend on the use of fixed-term contracts. That category is therefore affected little or not at all by these changes.
Dismissal disputes
Under the new rules, the first six months of the employment relationship (entered into for an indefinite period) take on a dual dimension that employers should use strategically. Not only is the notice period during that period just one week, CBA no. 109 also does not apply during the first six months of employment.
On the wording of CBA no. 109, this means that the employer can terminate the employment relationship at that stage without being required to state the reasons for the dismissal and without being exposed to a claim for manifestly unreasonable dismissal. The courts, too, have already held that during the first six months employers are given room to assess whether the collaboration works. By introducing the shorter one-week notice period, the legislator evidently acknowledges this as well.
Employers will also have to pay attention to the manner of termination: serving notice, or terminating with immediate effect against payment of an indemnity in lieu of notice. A notice period can, after all, be suspended (for example in the event of illness), which naturally increases the cost of dismissal. Moreover, such a suspension may push the duration of the employment relationship beyond the six-month mark, so that CBA no. 109 applies after all.
In certain sectors there are also specific procedures to be followed in the event of an individual dismissal, known as job security clauses. The sectoral collective agreements concerned often require a minimum length of service. In a number of cases, that too is six months.
This is precisely why acting quickly and in good time is essential. Employers who decide within the first six months keep the cost of dismissal lower and avoid discussions about the reasons for the dismissal and its manifest unreasonableness. Do bear in mind that the decision window may be shorter in practice than it appears where there have been prior, consecutive periods of agency work.
It would, however, be a strategic misconception to think that an employer has a free hand during the initial phase of employment. An employer who documents nothing for six months and then dismisses in month eight for “underperformance” does not have a strong file. During the first six months, the employer also remains bound by the prohibition of discrimination and by the rules on protected categories of employees.
A strategic view
In practice: why this is more than an HR matter
In practice, we see the same mistakes recurring, including at professionally managed companies. Following up on new hires is treated as an informal management task: feedback is given verbally, reviews are postponed because the diary is full, and reports are only drawn up once the conflict has already arisen.
Onboarding, performance management and dismissal policy live in separate worlds: HR designs the induction process, the line manager assesses performance, and the lawyer is only called once the decision has already been taken. That order needs to be reversed. Sound employment law practice is not a brake on people management, it strengthens it.
A practical roadmap
The first six months: a workable framework
01. Before the start
Set out the job description, concrete expectations and measurable objectives in writing. Make a deliberate choice of contract based on the nature of the work.
02. Day one
Communicate the objectives for days 30, 60 and 90, and put the review moments in the diary straight away.
03. Day 30 and day 60
Hold short, structured feedback meetings and confirm the key points in writing — including when everything is going well.
04. Day 90
Carry out a formal interim review. In case of doubt: name the points for improvement explicitly and start a short, written improvement plan with a clear deadline.
05. Month five
Take the decision in principle. If the collaboration is not working and the contract started on or after 1/8/2026, it can be terminated with one week’s notice until the end of month six.
06. Before any dismissal
Check for protected situations (pregnancy, illness, leave, complaints) and have the timing and reasoning reviewed legally before the decision is taken.
07. From month seven
Switch to the regular review cycle: CBA no. 109 now applies and every dismissal decision requires a documented basis.
Conclusion
For employment contracts commencing on or after 1 August 2026, the notice period is reduced to one week in the event of a dismissal during the first six months.
As a result, it may be preferable to hire starters directly on an open-ended contract, with a temporary contract becoming the less obvious choice.
In addition to the shorter notice period, CBA no. 109 does not apply during these first six months either. Employers will nevertheless have to pay attention to the correct manner of dismissal in order to avoid surprises.
Careful follow-up and the deliberate documentation of performance are a must. Companies that align their onboarding, review and contract policies this summer will reap the benefits.
