The notice periods are the same for both parties in the event of dismissal by the employer or resignation by the employee.
The period of notice to be observed in the event of termination during the probationary period is calculated by reference to the duration of the probationary period provided, which must be provided for in accordance with the requirements set out in the FAQ D3a2.
The notice period may not be less than:
- as many days as there are weeks in the probationary period;
- 4 days per month of probationary period, but no shorter than 15 days and no longer than one month.
| Duration of probationary period | Period of notice to be observed |
|---|---|
|
2 weeks |
termination impossible, except where there is serious misconduct |
|
3 weeks |
3 days |
|
4 weeks |
4 days |
|
1 month* |
15 days |
|
2 months |
15 days |
|
3 months |
15 days |
|
4 months |
16 days |
|
5 months |
20 days |
|
6 months |
24 days |
|
7 months |
28 days |
|
8 to 12 months |
1 month |
* As a general rule, it is not possible to provide for a probationary period of one month. However, in the specific case of a fixed-term employment contract with a duration of more than 4 months but less than 8 months, the ITM considers that, by way of exception, the probationary period may be set at one month. For further details, please refer to FAQ D3a4 .
Nota Bene
The notice period comprises calendar days and not working days.