Currently, if you want to terminate a worker's employment contract by registered letter, you need to post the letter by Wednesday at the latest (in a normal week without public holidays) if you want the notice period to start the following Monday.
This rule of thumb will change on 1 January 2023. From this date, as we explain in more detail below, you will need to post your letter on the Tuesday before the week in which you would like the notice period to start.
The Employment Contracts Act stipulates that a notice letter sent by registered post takes effect on the third working day after the date of sending. The notice period then runs from the Monday of the following week. Currently, all days except Sundays and public holidays are counted as working days. The new Civil Code, published on 1 July 2022 in the Belgian Official Gazette, stipulates that from 1 January 2023, Saturdays will no longer be considered as working days.
Although there may be legal arguments challenging whether this change to the Civil Code automatically applies to labor law (and this is also the point of view of the Belgian National Labor Council), we advise caution, and suggest that you interpret and apply the new rule as follows:
As Saturdays will no longer count as working days, your registered notice letter should be sent on Tuesday at the latest for the notice period to start the following Monday. If you only send the registered letter on Wednesday (or on any other day before the Tuesday of the following week), the notice period will only start to run a week later - on the Monday of the following week.
The change in the law will have the same impact on notice given by an employee (where this is done by registered letter) and on termination for cause (where, of course, compliance with the three-day deadline is very important).
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.
