Counter-notice: leave sooner after a dismissal
If your employer dismissed you with a notice period and you find other work in the meantime, you do not have to work out that term. With a counter-notice you resign with a shorter term.
How long is a counter-notice?
With less than three months of seniority it is 1 week, up to six months 2 weeks and up to a year 3 weeks. From one year of service it is always 4 weeks, even if your employer gave you a much longer term.
If your contract started from 1 August 2026, the counter-notice in your first 6 months is 1 week. Securex notes this makes little difference, since the ordinary term is just as short in that period.
Sources: FOD Werkgelegenheid, bijzondere regels (tegenopzegging, pensioen, ziekte, tijdelijke werkloosheid) (checked on 23 October 2026); Securex Lex4You, kortere opzegtermijnen in de eerste 6 maanden (29 juli 2026, wet van 3 juni 2026) (checked on 23 October 2026)
Conditions
Your employer must have given notice first, and you must have found another job. An employer, for its part, cannot give a counter-notice.
After your counter-notice, illness or holiday no longer suspend your term. Your leaving date is then fixed.
Source: FOD Werkgelegenheid, bijzondere regels (tegenopzegging, pensioen, ziekte, tijdelijke werkloosheid) (checked on 23 October 2026)
How to give it
A counter-notice is notice by the employee, so you give it in writing: handed to your employer, by registered post or through a bailiff. It starts running on the Monday after the week it was notified.
Source: FOD Werkgelegenheid, ontslag door opzegging: algemene regels (checked on 23 October 2026)
What is your term?
Choose who gives notice and since when you have been employed, and see your number of weeks and last day straight away.
Frequently asked questions
Does my employer have to agree to my counter-notice?
No. Once your employer has given notice and you have a new job, you may resign with the shortened term yourself; you need no permission for that.
Source: FOD Werkgelegenheid, bijzondere regels (tegenopzegging, pensioen, ziekte, tijdelijke werkloosheid) (checked on 23 October 2026)
Can I give a counter-notice if I was dismissed with severance pay?
There is no need: with a dismissal with compensation in lieu of notice your contract ends at once, so you are already free to start elsewhere.
Source: FOD Werkgelegenheid, ontslag met betaling van een opzeggingsvergoeding (checked on 23 October 2026)
General information based on the law and the sources listed. Your collective agreement, your contract and your payroll provider or union remain decisive for your own situation.
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