Employers in Belgium want to confirm that the candidates they’ve selected are right for their jobs and have the skills and aptitudes to perform adequately in them. They don’t want to waste time and resources training and integrating new workers who may soon resign or need to be dismissed.

At the same time, workers don’t want to waste time applying and interviewing for jobs that may end soon after they begin. Using probation periods can be a balanced way to navigate these issues. Despite what you may have heard, probation periods in Belgium have not been completely suppressed and can still be used in specific circumstances. This guide will explain how.

Definition of a Probation Period in Belgium

A probation period in Belgium is a length of time, starting with a new employee’s first day of work. It gives both parties a chance to evaluate whether or not the “fit” is right between the employee, their position, and the organization.

Employers assess the skills and abilities of probationary workers to see if they’re able to perform their roles effectively. They also look at how well they can work with their colleagues and supervisors and adapt to the company culture. 

New employees also use their trial periods to judge how well they will like their jobs. They can evaluate the dynamics of the working environment as well to decide if they’ll be able to thrive within it. 

Trial periods generally make it easier for both parties to terminate their employment agreements if they don’t look like they’re going to work out. If neither party does this by the end of the probation period, the worker continues on as a permanent employee.

Lengths of Probationary Periods in Belgium

Before 2014, Belgium allowed probationary periods to be written into standard employment contracts that could last 1-14 days with an optional seven-day extension.

However, since 2014, these trial periods have no longer been allowed for most workers. However, they can still be used with student workers, temporary workers, or temp agency workers.

In all of these cases, however, probation periods can last only three days and may not be extended or implemented more than once by the same employer.

Legal Considerations of Probation Periods in Belgium

The rules for employment in Belgium are found in many pieces of legislation, including the Labor Act 1971, Employment Contracts Act 1978, and the Belgian Act of 26 December 2013 (Unified Employment Status Act). These legal instruments provide protections for both employers and employees, especially relating to probationary periods as follows:

Pay and Working Conditions

In some countries, employers can require probationary workers to work longer hours and/or work for lower wages than their permanent counterparts. The rationale behind this allowance is to compensate employers whose new workers are not yet up to full productivity.

In Belgium, however, this is not allowed, and new hires must be paid their contractually agreed wages from the start of their employment. Belgian workers are protected by a minimum wage of 2,070.48 EUR per month (roughly 2,230 USD) and cannot be paid less.

They also work 38 hours per week and are allowed to perform overtime, though generally not more than 11 hours per day or 50 hours per week of total work. Overtime hours must be paid at 1.5 times the worker’s normal wage. These conditions are the same for probationary and permanent workers.

Termination and Notice

While probation periods are still allowed in Belgium for certain types of workers, there are no special allowances provided for termination and notice periods within them. This means that they are governed by the same rules as normally employed workers. They can be terminated for inadequate performance but must be given a reasonable justification for their termination by the employer.

The notice periods for probationary workers are the same as for permanent workers. During their first three months of employment, workers are entitled to one week’s notice, which is longer than the allowed trial periods anyway. After that, notice periods increase according to the employee’s seniority.

Vacation / Holidays

Belgian workers are entitled to a minimum of 20 days of paid annual leave if they work five days per week and 24 days if they work six days per week. Temporary agency workers, however, are typically not provided with leave and instead are hired on temporary contracts that bracket their leaves. 

Most full-time Belgian workers are entitled to ten paid public holidays per year. Temporary workers are entitled to paid leave on these days if they fall within their temporary contracts.

Benefits of Probation Periods in Belgium

While probation periods are rarely used in Belgium, they do provide benefits to employers and employees when they are put into effect, such as:

  • For Employees

Extra attention and help with development and skill-building.

The opportunity to try out a new position and assess their success in it.

  • For Employers

Motivation for new workers to demonstrate their ability and prove their value quickly.

Chance to assess new hires and help them develop their skills.

Frequently Asked Questions

No, it’s quite the opposite. While probation periods were previously allowed in standard employment contracts, this changed in 2014. Probation periods are now only allowed for students and temporary workers.

While they could previously last up to 21 days including extensions, trial periods in Belgium can now last only three days.

No, all workers must be given the reasons for their dismissals by their employers. These reasons must provide just cause and be provable. However, poor performance is considered just cause to terminate probationary workers.

The new government of Belgium elected in June 2024 has expressed the desire to bring back probationary periods for standard employment contracts. It has been suggested that these periods would last for up to six months, within which time employees and employers could terminate their contracts with just one week’s notice.