Can an employee do several probationary periods with the same employer?

Verified 31 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employee can perform several probationary periods with the same employer, subject to conditions.

It depends on the conditions of extension of the initial employment contract.

Evolution of functions during the contract

Promotion of the employee during the trial period

The trial period allows the employer to assess the employee's skills in his work.

When the probationary period ends, the employer cannot ask the employee to perform a new probationary period.

However, if the employee's duties change, within the framework of a promotion during the employment contract, the employer may check that the employee is fit to perform his new duties. The employer may then ask the employee to make a probationary period.

Demotion of employee during trial period

The trial period allows the employer to assess the employee's skills in his work.

When the probationary period ends, the employer cannot ask the employee to perform a new probationary period.

However, if the employee's duties change, within the framework of a demotion during the employment contract, the employer may check that the employee is fit to perform his new duties. The employer may then ask the employee to make a probationary period.

New contract with the same employer

DTA at the end of a DTA

When at the end of the CSD: titleContent the employment contract shall continue in DTA: titleContent, the new contract may provide for a new trial period.

In this case, the duration of the previous CDD(s) shall be deducted from the trial period provided for in the CDI.

Contract at the end of an acting assignment

A new probationary period may be provided for when a company hires an employee after a temporary assignment.

The length of temporary assignments within the company during the 3 months preceding recruitment shall be deducted from the probationary period laid down in the new contract of employment.

Successive contracts in different functions

An employee who signs a new contract with the same employer may perform a new probationary period.

This is the case if he is hired to occupy a different position previously done in the company.

Successive contracts in the same functions

An employee who signs a new contract with the same employer to occupy the same position must not perform a new probationary period.