Notice period after dismissal: what are the rules for employers?
Since the end of October 2023, the maximum notice period for employees who resign themselves has been set at 13 weeks, regardless of their seniority or start date.This makes staff planning easier and more predictable for you as an employer.In this article, we list the current rules.
Since 28 October 2023, a maximum notice period of 13 weeks applies to anyone resigning of their own accord. Previously, employees with seniority could still claim longer periods, but this is now ‘capped’ at 13 weeks. This should make the labour market more flexible and avoid discussions about notice periods.
For employees already employed before 2014, the notice period used to consist of two parts: one part calculated according to the old rules (until 31 December 2013) and one part according to the new rules of the unitary statute (from 1 January 2014). This dual system has been abolished since October 28, 2023. A maximum notice period of 13 weeks now applies to anyone who resigns voluntarily, including those who were already employed before 2014.
Maximum 13 weeks’ notice for voluntary resignation
Since the law was changed on October 2023, a simpler notice regime applies to employees who resign themselves, with a maximum of 13 weeks’ notice.
Notice period based on seniority
For employees with less than three months’ service, a one-week notice period will apply. The term increases with the length of service, up to a maximum of 13 weeks for those with eight years or more of service.
Uniform rules for all
Previously, different notice periods applied to blue and white collar workers, and senior white collar workers sometimes had longer notice periods. Now the same maximum 13-week notice period applies to everyone, regardless of job or salary.
More predictability for employers
The fixed maximum term of 13 weeks makes staff planning simpler and more predictable. No more hassle with different notice periods for employees with longer periods of service.
Rules in case of dismissal by the employer
When you, as an employer, dismiss an employee, different rules apply than when the employee is laid off. The notice period depends on seniority and can be longer, especially for pre-2014 employment.
Notice period based on seniority
When dismissed by the employer, the length of the notice period still depends on the number of years of service. For example, for an employee with five years of service, a term of 18 weeks applies, and for 10 years this rises to 33 weeks.
Special rules for older contracts
For employees hired before 2014, a notice period in two parts still applies: one part calculated according to the old pre-2014 rules and one part according to the rules of the unitary statute.
Specific agreements in contracts
For senior white-collar workers, the notice period may differ based on agreements in the employment contract, such as a longer notice for a higher salary. Some employers also opt for a ‘garden leave’: the employee no longer has to work during the notice period (and can therefore work in the garden, so to speak) but retains salary.
Tip for employers
Ensure clear terms in employment contracts, especially with special notice clauses. This prevents misunderstandings and ensures smooth handling in case of dismissal.
What does this mean for employee behaviour?
Limiting the notice period to a maximum of 13 weeks may affect employee behaviour, especially in a tight labour market. Although there are no concrete figures yet, as an employer it is good to consider some possible consequences:
Easier job changes
With a shorter notice period, moving to a new job becomes easier. Employees do not have to continue working for as long with their current employer and can switch more quickly. This can be felt especially in sectors with high demand for talent, such as IT, engineering and healthcare.
Greater chance of turnover
In sectors where it takes a lot of time and money to train employees, a shorter notice period can cause faster turnover. Employees who are well-established may move more easily to a competitor or take up a more attractive offer. For you as an employer, it becomes all the more important to proactively invest in retaining talent. Consider advancement opportunities, an attractive salary package, flexible working conditions and a positive company culture.
Fewer legal discussions
The new scheme also offers benefits. There is less chance of ambiguity or conflicts over complex notice periods, especially for employees with a lot of seniority. This makes the process simpler and less time-consuming for all involved.
Written by: Josefien de Bock
