New Conditions for Access to Unemployment Benefits as of March 1, 2026

The reform of unemployment regulations, adopted by the Chamber on July 18, 2025, profoundly changes the conditions for access to unemployment benefits in Belgium. These changes take effect on March 1, 2026, with transitional measures applicable since July 1, 2025.

The reform pursues two main objectives:

• limit the duration of full unemployment benefits;
• redefine the conditions for access to benefits.

This reform marks a shift in the balance between social protection and individual responsibility.

Limitation of the right to unemployment benefits

The right to unemployment benefits is now limited to a maximum of 24 months.
This entitlement is structured as follows:

• a basic period of 12 months,
• which may be extended by up to 12 additional months depending on the worker’s employment history.

Transition Period: For individuals already receiving unemployment benefits before July 1, 2025, a transition period applies. Successive waves of benefit termination will be organized based on the initial admission date.

Exceptions: Certain categories of job seekers are not subject to this time limitation. This includes, in particular, job seekers over 55 years old with at least 30 years of professional experience.

Conditions for access to unemployment benefits

The following conditions must be met to qualify for unemployment benefits:

1. Residence in Belgium: The applicant must have their primary residence in Belgium and live there effectively.
2. Registration as a job seeker with the regional employment service competent for their actual place of residence (ACTIRIS in Brussels, FOREM in Wallonia, VDAB in Flanders, ADG in the German-speaking community).
3. Prior employment condition: Worked at least one year during the last three years.
   1. This period entitles the applicant to 12 months of benefits.
   2. Each additional 4-month work period entitles them to 1 extra month of benefits.
4. Involuntary job loss: Became unemployed for reasons beyond their control (as of March 1, 2026: except once during their career and under strict conditions regarding work history).
5. Possession of a control card (up to age 60).
6. Deprived of work and remuneration.
7. Available for the labor market.
8. Fit for work (not incapacitated).

A Major Reform: Unemployment Benefits Possible Even After Voluntary Termination of Employment!

Historically, voluntary job loss (resignation, mutual agreement termination, job abandonment, or dismissal for serious misconduct) automatically resulted in a temporary exclusion from benefits for 4 to 52 weeks.

In practice, this discouraged many workers from leaving an unbearable job, fearing they would be left without replacement income if they did not quickly find another job.

The reform introduces a new option for the National Employment Office (ONEM) as of March 1, 2026: to replace, once per career, the exclusion decision with a limitation of benefit entitlement (see Article 118 of the Program Law of July 18, 2025).

Specifically:

• ONEM may substitute an exclusion decision with a limitation of entitlement, at the worker’s request.
• The request must be submitted within 30 days following the exclusion decision.
• This mechanism can only be requested and applied once in a career.
• The worker must justify sufficient work history: 3,120 days worked or equivalent (approximately 12 years of activity).
• The worker will retain benefits for a maximum of 6 months.
• This period may be extended by an additional 6 months if they follow training leading to a shortage occupation.

Thus, workers gain more freedom to terminate an unbearable contract while maintaining a minimum level of financial security. This reform impacts the terms and negotiations of employment contract termination for both employees and employers.

Implementation decrees and ONEM circulars will clarify the practical application details.

Conclusion

The reform of unemployment access conditions limits the duration of benefits and redefines eligibility as of March 1, 2026, while offering greater flexibility in cases of voluntary contract termination.

Tanguy Gillain

Lawyer specialized in labor law