Trial period abolished: what are the alternatives

You've spent weeks searching. Reviewing CVs, holding interviews, calling references. And then the moment arrives: you've found the right candidate. Contract signed, first working day scheduled. But after two weeks you notice it isn't clicking after all. The skills don't match, the work attitude disappoints, or the fit with the team is missing entirely.

In the past, you had the trial period. A clean exit, without much hassle. But it no longer exists. Not since 1 January 2014.

And yet, as an employer, you still have options. More than you might think. In this article, you'll discover which alternatives exist for the abolished trial period in Belgium, what changes in 2026, and how to protect yourself when making a new hire.

Why was the trial period abolished?

Let's take a step back. The trial period disappeared on 1 January 2014 with the introduction of the single status between blue-collar and white-collar workers. The law of 26 December 2013 put an end to the difference in notice periods between the two groups and, at the same time, abolished the trial clause.

The legislator's reasoning? The shortened notice periods during the first months of employment would fulfil the same function as the former trial period. Both parties get the chance to assess whether the collaboration works, but through the notice system instead of a separate trial clause.

In practice, this means: if you include a trial clause in an employment contract today, it is null and void. It has no legal value. The rest of the contract remains valid, but the trial clause itself is treated as non-existent.

This is where it gets legal. Not boring-legal, but important. There are two exceptions where the trial clause does still exist:

• Student work: the first three effective working days automatically count as a trial period, unless the parties agree otherwise
• Temporary agency work: here too, the first three working days count as a trial period, in line with the law of 24 July 1987

For all other employment contracts concluded since 2014? No more trial period. Full stop.

Shorter notice periods: the current alternative

Here's the key point. The legislator didn't simply abolish the trial period without putting something in its place. The notice periods during the first months of an employment contract are deliberately kept short.

When the employer terminates during the first months, the situation looks like this:

• 0 to 3 months' seniority: 1 week's notice
• 3 to 4 months: 3 weeks
• 4 to 5 months: 4 weeks
• 5 to 6 months: 5 weeks

When the employee resigns, the notice period is even shorter: 1 week with less than 3 months of service, rising to a maximum of 13 weeks.

In short: during the first three months, as an employer you can part ways with an employee with just one week's notice. That's short, but it isn't a trial period. There are important differences.

First: you must give reasons for the dismissal if the employee asks. Since CLA No. 109 (collective labour agreement), every dismissed employee has the right to request the reason for their dismissal. A "manifestly unreasonable dismissal" can lead to compensation of 3 to 17 weeks' salary.

Second: the notice period only starts running on the Monday following the week in which notice was given. So you aren't rid of each other from one day to the next.

We regularly see employers trip up here. They think they can dismiss just as freely during the first weeks as they used to during the trial period. That's not quite right. The threshold is low, but not non-existent.

Temporary agency work as a screening tool

One of the most widely used alternatives to the trial period in Belgium is temporary agency work. And honestly? It's a smart alternative, provided you approach it correctly.

The principle is simple. You hire someone through a temp agency or payroll partner. During the first three effective working days, a trial period automatically applies. Both the temp agency and the agency worker can end the contract during that period without notice or compensation.

But it goes beyond those three days. The real advantage lies in the flexibility of the temporary contract itself. You can start with a one-week contract, extend it to two weeks, and only switch to a permanent contract once you're convinced. Throughout that entire period, you assess the employee in practice, on the shop floor, with real tasks.

The "inflow" reason is designed specifically for this. It allows temporary agency work to be used with the aim of offering the agency worker a permanent contract afterwards. There are rules, though:

• A maximum of three consecutive contracts
• A total duration of no more than six months
• The user (you as the employer) must intend to hire the person permanently afterwards

Want to know more about how temporary agency work actually works? We previously wrote a detailed guide to temporary agency work in Belgium that walks you through the process step by step.

At Recruit, over the years we've drawn up thousands of temp contracts for employers who do exactly this: have a new employee start on a temporary contract first, evaluate them, and then offer a permanent contract. You can arrange this yourself with a traditional temp agency, or you can have the contracts and payroll handled through Recruit. The advantage? Contracts in under 60 seconds, correct Dimona (immediate employment declaration) filings, and no need to worry about the administration.

Fixed-term contracts: an option with pitfalls

Another alternative that employers often consider is the fixed-term contract. The idea: you conclude a contract for, say, three or six months and then decide whether to give the person a permanent contract.

Makes sense, right? Yet there are some serious catches.

First: consecutive fixed-term contracts are strictly regulated. If you conclude several short-term contracts one after another without a valid reason, a judge may rule that this constitutes an open-ended employment contract. With all the accompanying notice periods.

The law allows consecutive fixed-term contracts in two cases:

• A maximum of four consecutive contracts of at least three months each, with a total duration of no more than two years
• Or: consecutive contracts of at least six months each, with a total duration of no more than three years, subject to prior authorisation from the Supervision of Social Laws inspectorate

Second: ending a fixed-term contract early is expensive. If you notice after just a month that it isn't working, you can't simply give notice. You pay compensation equal to the salary for the remaining duration of the contract, capped at twice the notice period that would apply to an open-ended contract.

The honest truth? A fixed-term contract is not an ideal replacement for a trial period. It's a different instrument with different rules. Use it for the situations it's intended for (project work, seasonal work, replacement), not as a disguised trial period.

Read more about the different types of employment contracts in Belgium for a complete overview.

Building in your own evaluation period

What many employers forget is that you can set up a thorough intake procedure internally that functionally does the same thing as a trial period. Not a legal clause, but a structured evaluation process.

Here's what that looks like in practice:

Weeks 1 to 2: introduction, getting to know the team, first tasks. You observe work attitude, communication and ability to learn.

Weeks 3 to 4: increasing responsibility. The employee takes on independent tasks. You assess the quality of the work, problem-solving ability and collaboration.

Months 2 to 3: full integration. The employee is working at full capacity. Time for a first formal evaluation meeting.

The crucial point: document everything. Every evaluation, every feedback conversation, every remark. Because if you do want to dismiss someone within those first three months with one week's notice, you need documented grounds. Not legally required for the dismissal itself, but essential if the employee requests the reason for dismissal under CLA No. 109.

After more than 15 years in Belgian payroll, we know exactly which pitfalls to avoid when making new hires. One of the most common mistakes? Not keeping written evaluations during the first weeks. Employers rely on their memory and on informal conversations. Until a conflict arises and they have nothing on paper.

The return of the trial period in 2026

Now it gets interesting. The federal government under Minister of Labour David Clarinval announced in late 2025 that the trial period is making a comeback. In an adapted form, at least.

The core of the new arrangement:

• During the first six months of an employment contract, both parties can end the contract with one week's notice
• This applies regardless of seniority within those six months
• The measure is expected in the spring of 2026, after advice from the Council of State and approval by Parliament

Note: at the time of writing (February 2026), this arrangement has not yet definitively entered into force. The exact date of entry and the precise conditions may still change. Keep an eye on the official channels for the definitive text.

What does this mean in concrete terms? If the arrangement is introduced as announced, you as an employer will again have more flexibility in the first six months. Not a formal trial clause like before 2014, but a shortened notice period of one week over a longer period than is currently the case.

The trade unions aren't enthusiastic. The ABVV warns of "far-reaching consequences" for employees, especially young people and those in their first job. Their argument: a longer period of uncertainty makes it harder to take out a loan or plan for the future.

Our assessment? The new arrangement will mainly make a difference for employers who already work with shortened notice periods in the first months. The difference from the current situation is smaller than the headlines suggest. During the first three months, the notice period is already one week. The real change is in months four to six, where the notice period drops from three to five weeks down to one week.

Want to know exactly how notice periods work and how to calculate them? Check out our guide on calculating notice periods in Belgium.

The selection test: what's allowed and what isn't

A lesser-known option is the selection test. This is something entirely different from a trial period, but employers regularly confuse the two.

A selection test may:

• Last no more than half a day
• Not produce any productive work for the company
• Not be paid as salary (an expense allowance is allowed if there are costs)

No employment contract is concluded. The candidate is therefore not an employee during the test. The purpose is purely evaluative: can this person handle the tasks?

Examples of valid selection tests:

• An administrative assistant answering a fictional email
• A programmer working out a test assignment (not for production)
• A salesperson doing a role-play with a customer conversation

Examples of what's not allowed:

• A candidate working a full day on the shop floor
• A cook running an evening service in the restaurant
• A warehouse worker picking orders

The difference? As soon as the work has productive value for the company, it's no longer a test but labour. And then you need an employment contract.

Onboarding as protection: five concrete steps

Let's get practical. Whether you work with temporary agency work, an open-ended contract, or soon the new shortened notice period, good onboarding protects you as an employer. Not only legally, but also financially.

Step 1: set clear expectations from day one. Put in writing what you expect in terms of tasks, performance and behaviour. Have the employee sign it. This isn't a contract, but a job description that later serves as a reference point.

Step 2: schedule evaluation moments. After two weeks, after a month, after two months. Make them short, structured conversations. Fifteen minutes is enough. Note down the conclusions.

Step 3: assign a mentor or buddy. Someone who guides the new employee and observes at the same time. Two perspectives are better than one.

Step 4: give honest feedback. Not after three months when it's too late, but from week one. Concrete, specific, documented. "Your reports contain too many errors" is usable. "It's not going so well" is not.

Step 5: make a timely decision. If it's clear after six or eight weeks that it isn't working, don't wait until month three. The longer you wait, the longer the notice period and the greater the risk of a dispute.

Many of the employers we support at Recruit ask us: when is the right moment to decide? Our answer is always the same. If you're in doubt after six weeks, the answer is probably no. Doubt is a signal. Not every hire succeeds, and that's okay. It only becomes a problem when you wait too long.

Which alternative fits your situation?

There isn't one alternative that's the best choice in every situation. It depends on your company, your sector and the type of role.

Temporary agency work suits you if:

• You're filling an operational role (warehouse, production, administration)
• You need someone quickly but want to evaluate them first
• You'd rather not carry the legal risk yourself in the first weeks
• You work in a sector with many seasonal peaks

An open-ended contract with good onboarding is a better fit if:

• You're filling a senior or specialised role
• The candidate comes from a competing sector and you want to offer security
• You want to build a strong employer brand
• The role is hard to fill and you don't want to scare the candidate off with a temporary contract

Waiting for the new arrangement (2026) is an option if:

• You already work with open-ended contracts
• You mainly need flexibility in months four to six
• You're prepared to wait for the definitive text before adjusting your policy

Still in doubt? Get in touch with our HR experts for advice tailored to your situation.

In short

The trial period no longer exists in Belgium, at least not in its classic form. Since 2014, the trial clause has been null and void in ordinary employment contracts. But as an employer, you're not left empty-handed.

The shortened notice periods in the first months offer flexibility. Temporary agency work with the inflow reason lets you evaluate new employees before you hire them permanently. And a structured intake procedure with documented evaluations protects you legally in the event of an early dismissal.

With the expected reintroduction of a one-week notice period during the first six months, you may soon get even more room to manoeuvre. But don't wait for legislation to improve your hiring process. The best protection is, and remains, a solid onboarding process.

Want to know more about the dismissal procedure for employers? We explain it step by step.

Frequently asked questions

Can I still include a trial period in an employment contract? No. Since 1 January 2014, the trial clause has been null and void in ordinary employment contracts. If you include it anyway, it's treated as non-existent. The rest of the contract remains valid. The only exceptions are student work and temporary agency work.

What is the notice period if I want to dismiss someone in the first month? With less than three months' seniority, the notice period is one week. That week starts running on the Monday after the week in which you give notice. Bear in mind that the employee has the right to request the reason for dismissal.

Can I use temporary agency work to test a new employee? Yes, through the "inflow" reason. This allows you to have someone work on a temporary contract with the aim of offering a permanent contract. A maximum of three consecutive contracts, total duration no more than six months. Read more about the rules in our article on temp contracts in Belgium.

Is the trial period coming back in 2026? The federal government has announced that employers and employees will be able to end a contract during the first six months with one week's notice. The exact date of entry and the conditions are, at this moment (February 2026), not yet definitive. Follow the official channels for updates.

What's the difference between a selection test and a trial period? A selection test lasts no more than half a day, produces no productive work for the company, and no employment contract is concluded. A trial period (when it still existed) was part of an employment contract in which the employee simply worked and was paid.

---

How Recruit helps you

Drawing up contracts that are 100% compliant with Belgian legislation? We take care of it.

With Recruit:

• Contracts in under 60 seconds: create trial and temp contracts without hassle
• Automatic salary calculation: correct pay in line with current legislation and your joint committee
• Dimona and social documents: we handle all the filings, you focus on your business
• 24/7 personal support: always a dedicated contact who knows your company
• No fixed monthly costs: pay only for what you use

Try Recruit or get in touch with our HR experts for tailored advice.

---

The information in this article is purely informative and does not replace professional legal or accounting advice. Employment legislation changes regularly. Always consult the current legislation or get in touch with an HR expert for advice tailored to your situation. Please note: the rules may differ by joint committee and sector.