The Belgian trial period is back: what the Clarinval reform changes for SMEs from day one
On 21 May 2026, the Belgian Chamber voted to reinstate a trial regime covering the first six months of the employment contract. Notice cut to one week, written reasoning, scope limited to new contracts: what employers need to grasp before publication in the Moniteur belge.
In brief
On 21 May 2026, the Belgian Chamber of Representatives passed the bill tabled by Minister of Employment David Clarinval (MR) which reinstates, in a new form, the trial period abolished in 2014. In practice, during the first six months of a contract signed after the law enters into force, the notice period will be capped at one week for both parties. Beyond that point, ordinary notice rules resume. The measure will not affect existing contracts. For a Belgian SME, the impact on hiring risk is immediate: the room for a low-friction separation widens, but is paired with a written-motivation duty on the employer's side.
What the Chamber voted on 21 May 2026
The text championed by David Clarinval was approved in plenary on Thursday 21 May 2026 by the governing majority (notably MR), with situational support from Vlaams Belang and the Anders party, against the votes of PS, PTB and Ecolo-Groen, according to coverage by La Libre and 21News.
The mechanism passed is not exactly the old "trial clause" repealed in 2014. It takes the shape of a lighter notice regime applying by operation of law during the first six months, with no need to write it into the contract.
What changes in practice
Three structural elements for an employer:
1. A uniform one-week notice for six months. Today the one-week notice only covers the first three months of tenure; between months 3 and 6 it climbs in steps and reaches about five weeks at the six-month threshold (Act on employment contracts of 3 July 1978, articles 37/2 et seq.). The reform aligns the whole 0-6 month window on one week, with no intermediate jump.
2. A mandatory written motivation for employer-initiated terminations. This detail is highlighted by Cairn Legal and the minister's press office (clarinval.belgium.be). In practice: if the employer ends the contract within the six-month window, they must state the reason in writing. It is not a pure return to pre-2014 flexibility: it is flexibility tied to traceability.
3. From month 7, return to common law. No grey zone: past the six-month line, the employer falls back into the ordinary regime (minimum six weeks of notice, climbing quarter by quarter), with the motivation duty under CCT n°109 on manifestly unreasonable dismissal kicking in where relevant.
| Period | Before the reform | After the reform |
|---|---|---|
| Month 0 to 3 | 1 week | 1 week |
| Month 3 to 6 | ~3 to 5 weeks (steps) | 1 week |
| Month 6 to 9 | 6 weeks | 6 weeks |
| Beyond | Increases every quarter | Increases every quarter |
Why this reform?
The trial period was abolished on 1 January 2014 during the harmonization of blue- and white-collar statuses (Act of 26 December 2013), itself a consequence of the Constitutional Court ruling of 8 July 2011 which struck down the historical distinction between the two statuses. Since then, the "trial period" in its classical sense no longer exists for permanent contracts and ordinary fixed-term contracts (it still applies to students and temporary workers).
According to Minister Clarinval, twelve years after that abolition, several employer federations share the view that hiring a junior profile feels like a quasi-irreversible commitment during the first six months, which pushes SMEs to chain fixed-term contracts or rely on temp work rather than offering a permanent contract (MR, Econostrum).
The stated objectives are threefold:
- Lift a psychological brake on hiring young people and candidates without experience.
- Reduce the cascade of short fixed-term contracts that early-career profiles endure.
- Ease career changes: a worker switching trades will more readily accept a permanent contract in an unfamiliar sector, knowing separation stays light if the trial doesn't fit.
The left-wing opposition (PS, PTB, Ecolo-Groen) has denounced what they call a social regression and a weakening of newcomer protections, as reported by RTBF.
From when?
The law will enter into force after publication in the Moniteur belge, likely within the following weeks (the parliamentary agenda flagged by the cabinet targets entry into force before summer 2026). Two rules to remember:
For an HR function, this calls for discipline: start preparing contract templates and standard motivated termination letters now, and identify the switchover date to avoid mixing the two regimes during the transition weeks.
Operational impact for an SME
Beyond the political debate, three practical consequences for the HR function:
Revise contract templates
There is no point inserting a "trial period" clause: the shortened notice regime applies by operation of law. It is recommended, however, to add an informational mention restating the six-month rule and the written-motivation procedure — to head off future disputes about whether the employee knew about the regime.
Equip the termination decision
The employer keeps the call, but must be able to document their decision. That requires:
- Minutes from review meetings at 30, 60 and 90 days.
- Tracking of the initial objectives agreed at hiring.
- A written exchange (email or letter) before notice is served, tracing the observed difficulties.
Without that documentary base, the written motivation required by law becomes a stylistic exercise — and therefore fragile in case of dispute.
Rethink the fixed-term → permanent contract chain
The reform mechanically makes the systematic use of a renewable 6-month fixed-term contract "to see if it works" less attractive. The permanent contract with a lightened six-month notice becomes the default option: less paperwork, more attractive to the candidate, identical tax treatment. For profiles who would otherwise refuse a permanent contract without a stability guarantee, the argument of mandatory written motivation becomes a useful negotiation point in the interview.
Our guide Posting a job in Belgium: Dimona, contract, smooth onboarding details the other steps — NSSO declaration, mandatory contract mentions, 21-day onboarding plan — which remain unchanged under the reform.
What the reform does not change
To avoid misunderstandings:
- No change to minimum wage or joint-committee pay scales (our article Joint committees: pick the right JC for your SME remains current).
- No reduction in social contributions during the trial period. Employer cost stays identical to the ordinary regime.
- No extension to temp workers and students: they keep their specific, already more flexible regime.
- No removal of CCT n°109: beyond six months, the motivation duty for manifestly unreasonable dismissal continues to apply.
A timeline to watch
As long as the law is not published in the Moniteur, current contract templates remain valid. Three milestones to add to your monitoring:
Company Belgium's HR module integrates these changes as they are published: up-to-date contract templates, termination workflow with guided motivation, and automatic alerts on contracts approaching the six-month threshold to anticipate the continue-or-separate decision.
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Public sources consulted on 22 May 2026
Frequently asked questions
Does the trial period reform apply to contracts already signed in Belgium?
No. The text passed by the Chamber on 21 May 2026 only concerns employment contracts concluded after the law's entry into force, which will take place after publication in the Moniteur belge. A permanent contract signed before that date remains under the old regime, including during its first six months. There is no retroactivity and no automatic switch.
What will the notice period be during the first six months after the Clarinval reform?
The notice period will be set at one week for both parties throughout the first six months of tenure. Before the reform, this one-week notice only covered the first three months; between months 3 and 6, the notice climbed gradually to about five weeks. Beyond the sixth month, ordinary notice periods resume (minimum six weeks for the employer, increasing every quarter).
Must the employer give reasons for a termination during the trial period in Belgium?
Yes. The adopted text provides for a written-motivation duty on the employer when they end the contract within the first six-month window. This requires documenting upstream the review meetings, objectives agreed at hiring and observed difficulties. Without that written base, the motivation remains fragile in case of dispute before the labour court.
Why was the trial period abolished in 2014 in Belgium?
The trial period was abolished on 1 January 2014 by the Act of 26 December 2013 on the harmonization of blue- and white-collar statuses. That reform followed the Constitutional Court ruling of 8 July 2011 which struck down the historical distinction between the two statuses. The trial period was then replaced by a shortened one-week notice limited to the first three months, which the Clarinval reform now extends to six months.
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