Casino employee dismissed before her first day of work: could this also occur in Belgium?
It seemed like a new start at the casino. But even before her first day at work, the casino employee was out on the street. Her request for a €1,000 advance on her salary led to an abrupt end to her contract.
The court ruled in favour of the employer. The case immediately raises another question: could something like this also happen in Belgium?
Casino terminates contract before the first day of work
On 21 October 2025, the woman signed an employment contract with a casino in Limburg. The contract was for seven months and included a one-month probationary period. Her first day of work was scheduled for 1 November.
Shortly after signing the contract, she asked her new employer a question. She wanted to receive an advance of €1,000 on her salary on 14 November.
The casino responded immediately. One day later, the company decided to terminate the employment contract with immediate effect. This was done by means of dismissal during the probationary period, even before the employee had actually started work.
The woman took the matter to court. In her opinion, the casino could have simply told her that an advance was not possible. She felt that she had never been given the opportunity to prove herself in the workplace.
Judge understands casino’s concerns
The employer pointed out another problem. In a casino, employees work with cash on a daily basis. According to the company, a vulnerable financial situation could therefore pose a risk.
The judge did not find this argument unreasonable. The employee was also unable to prove that the casino had previously stated that an advance payment would not be a problem.
The outcome was clear. Her claim for seven months’ salary was rejected. Instead, she had to pay more than €1,000 in legal costs.
Belgian rules also allow termination before commencement
The story also raises questions in Belgium. Since 2014, there has been no traditional probationary period in employment contracts. However, this does not mean that a contract is automatically fixed once it has been signed.
The Court of Cassation has confirmed that an employment contract can also be terminated before it comes into effect. According to the highest court, there is no legal rule that requires termination to only take place after the work has actually started.
In such a situation, the same rules apply as during a current contract. An employee who has only just started working automatically falls into the category of 0 to 3 months’ seniority. The notice period is then one week and normally starts on the Monday after the notification.
As a result, part of the notice period may even fall within the period between signing the contract and the first working day. In that case, the notice period still applies, but no work has been performed yet. Therefore, no compensation needs to be paid.
Only when part of the notice period falls after the start date does the employee still have to work or does the employer have to pay severance pay.

