Termination of Employment by Mutual Consent and Unemployment Allowances: A less risky option as of March 2026?

For many years, termination of an employment contract by mutual consent has been approached with caution. 

While it allowed for a smooth and legally secure separation, it also entailed a significant consequence for employees: classification by the Belgian unemployment authorities (ONEM) as a voluntary loss of employment, potentially leading to a temporary exclusion from unemployment allowances ranging from 4 to 52 weeks. 

This changes as of 1 March 2026.

The Programme Law of 18 July 2025 introduced an unprecedented mechanism that, subject to strict conditions, mitigates the social consequences of a voluntary departure. 

An employee whose exclusion from unemployment allowances results from a resignation, abandonment of work or termination by mutual consent occurring after 28 February 2026 may now request that this exclusion be replaced by a temporary entitlement to unemployment benefits, for a maximum period of six months (with a possible extension to 12 months, if the employee starts and complete a training for a profession facing a shortage of workers). 

This scheme — commonly referred to as the “right to rebound” or “safety net” — marks a clear departure from the traditionally strict approach to voluntary unemployment. 

Caution remains necessary: the mechanism is tightly regulated.

In particular, it requires: 

• at least 3,120 days of professional activity (approximately 10 years of career history) at the end of the employment relationship; 
• one single use throughout the employee’s professional life; 
• a temporary, rather than definitive, exclusion from unemployment allowances; 
• a request filed within 30 days of the ONEM decision to refuse unemployment allowances; 
• with the request being irrevocable. 

What are the practical implications ?

For employees, this new safety net may facilitate a more secure termination of the employment relationship, particularly in the context of career transition or professional reorientation. 

For employers, it provides greater flexibility in negotiating exit arrangements, without systematically having to offset the loss of unemployment allowances through higher severance packages. 

That said, a case‑by‑case analysis remains essential and the ONEM retains its discretionary assessment powers.