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Trial period for an employee
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The probationary period ensures that the position you have been recruited for is suitable for you. The trial period is not mandatory. Its duration varies depending on the type of employment contract: DTA: titleContent, CSD: titleContent or temporary employment contract (temporary). Its duration also varies according to your professional category. It may be renewed or broken early, subject to conditions.
What applies to you ?
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You're on a DTA
The probationary period allows the employer to assess the employee's skills in his work, in particular on the basis of his experience.
It also enables the employee to determine whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee if it is provided for in the contract of employment or the letter of commitment.
The length of the trial period varies depending on your qualification:
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You are an employee or a worker
The maximum legal duration of a CDI's initial trial period is 2 months.
It may be renewed once.
It is therefore Maximum 4 months, if the following 3 conditions are met:
- The renewal of the trial period is provided for by treaty provisions
- The fact that it can be renewed is clearly stated in your employment contract (or your letter of commitment)
- You have given your consent to renew the trial period, during the initial trial period, in writing or by email
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
Example :
A 2-month trial period that begins on March 15 must end on May 14 at midnight (even if the latter day falls on a Sunday or holiday).
You are a master's officer or technician
The maximum legal duration of a CDI's initial trial period is 3 months.
It may be renewed once.
It is therefore Maximum 6 months, if the following 3 conditions are met:
- The renewal of the trial period is provided for by treaty provisions
- The fact that it can be renewed is clearly stated in your employment contract (or your letter of commitment)
- You have given your consent to renew the trial period, during the initial trial period, in writing or by email
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
Example :
A 2-month trial period that begins on March 15 must end on May 14 at midnight (even if the latter day falls on a Sunday or holiday).
You're an executive
The maximum legal duration of a CDI's initial trial period is 4 months.
It may be renewed once.
It is therefore Maximum 8 months, if the following 3 conditions are met:
- The renewal of the trial period is provided for by treaty provisions
- The fact that it can be renewed is clearly stated in your employment contract (or your letter of commitment)
- You have given your consent to renew the trial period, during the initial trial period, in writing or by email
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
Example :
A 2-month trial period that begins on March 15 must end on May 14 at midnight (even if the latter day falls on a Sunday or holiday).
The remuneration paid during the probationary period shall be that laid down in the employment contract.
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Your employer terminates the employment contract
Procedure
During the probationary period, the employment contract may be terminated freely by the employer.
No special procedure is imposed on the employer who wishes to break the probationary period.
However, the employer must follow a specific procedure in one of the following cases:
- Or in the event of a break in the test period provided for in collective agreement
- Or in the event of a breakdown in connection with a fault committed by the employee (the disciplinary proceedings applies)
- In the event of a breach of contract by a protected employee : in this case, the authorization of the labor inspectorate is mandatory
Deadline for advance notice
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This advance notice period shall apply if the contract of employment includes a probationary period of at least 1 week.
The period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
The trial period (including renewal) shall not be extended in the event of failure to observe the precautionary period.
If the legal time limit for warning is not respected, the employer must pay compensation to the employee.
Its amount is equal to the amount of wages and benefits that the employee would have received if he had worked until the end of the period of entitlement due (including compensatory leave with pay).
FYI
the judge may consider the break in the probationary period to be unfair, particularly if it is not linked to the employee's competences (discriminatory break, for economic reasons, etc.).
The employer shall give the employee the termination documents which are due to him.
You terminate the employment contract
Procedure
During the probationary period, the contract of employment may be terminated freely by the employee.
Deadline for advance notice
An employee who wishes to break the probationary period must notify his employer, before leaving the company, within a period of consideration.
This period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The break of the trial period by the employee does not give not entitled to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues.
You're on a fixed-term contract
The probationary period allows the employer to assess the employee's skills in his work, in particular on the basis of his experience.
It also enables the employee to determine whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee if it is provided for in the contract of employment or the letter of commitment.
The length of the trial period varies according to the duration of your employment contract:
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You have a CDD of 6 months maximum
The duration of the trial period is calculated at the rate of one day per week.
The maximum duration of the trial period is 2 weeks.
The collective agreement or a use may provide for a shorter duration.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
Example :
A 2-week trial period that begins on May 3 must end on the following May 16 at midnight (even if the last day falls on a Sunday or holiday).
You have a CDD longer than 6 months
The maximum duration of the trial period is 1 month (except collective agreement or use providing for a shorter period).
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
Example :
A 2-week trial period that begins on May 3 must end on the following May 16 at midnight (even if the last day falls on a Sunday or holiday).
You have a CDD without a precise term
Where the CSD does not include precise term, a minimum contract duration must be provided for.
The duration of your trial period is then calculated based on this minimum duration.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
The remuneration paid during the probationary period shall be that laid down in the employment contract.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Your employer terminates the employment contract
Procedure
During the probationary period, the employment contract may be terminated freely by the employer.
No special procedure is imposed on the employer who wishes to break the probationary period.
However, the employer must follow a specific procedure in one of the following cases:
- Or in the event of a break in the test period provided for in collective agreement
- Or in the event of a breakdown in connection with a fault committed by the employee (the disciplinary proceedings applies)
- In the event of a breach of contract by a protected employee : in this case, the authorization of the labor inspectorate is mandatory
Deadline for advance notice
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This advance notice period shall apply if the contract of employment includes a probationary period of at least 1 week.
The period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
The trial period (including renewal) shall not be extended in the event of failure to observe the precautionary period.
If the legal time limit for warning is not respected, the employer must pay compensation to the employee.
Its amount is equal to the amount of wages and benefits that the employee would have received if he had worked until the end of the period of entitlement due (including compensatory leave with pay).
FYI
the judge may consider the break in the probationary period to be unfair, particularly if it is not linked to the employee's competences (discriminatory break, for economic reasons, etc.).
The employer shall give the employee the termination documents which are due to him.
You terminate the employment contract
Procedure
During the probationary period, the contract of employment may be terminated freely by the employee.
Deadline for advance notice
An employee who wishes to break the probationary period must notify his employer, before leaving the company, within a period of consideration.
This period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The break of the trial period by the employee does not give not entitled to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues.
You're acting
The probationary period allows the employer to assess the employee's skills in his work, in particular on the basis of his experience.
It also enables the employee to determine whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee if it is provided for in the contract of employment or the letter of commitment.
The length of the trial period varies according to the duration of your employment contract:
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You have a contract of up to 1 month
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 2 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
You have a contract between 1 month and 2 months
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 3 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
You have a contract longer than 2 months
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 5 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way for the full-time employee and the part-time employee.
The remuneration paid during the probationary period shall be that laid down in the employment contract.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Your employer terminates the employment contract
Procedure
During the probationary period, the employment contract may be terminated freely by the employer.
No special procedure is imposed on the employer who wishes to break the probationary period.
However, the employer must follow a specific procedure in one of the following cases:
- Or in the event of a break in the test period provided for in collective agreement
- Or in the event of a breakdown in connection with a fault committed by the employee (the disciplinary proceedings applies)
- In the event of a breach of contract by a protected employee : in this case, the authorization of the labor inspectorate is mandatory
Deadline for advance notice
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This advance notice period shall apply if the contract of employment includes a probationary period of at least 1 week.
The period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
The trial period (including renewal) shall not be extended in the event of failure to observe the precautionary period.
If the legal time limit for warning is not respected, the employer must pay compensation to the employee.
Its amount is equal to the amount of wages and benefits that the employee would have received if he had worked until the end of the period of entitlement due (including compensatory leave with pay).
FYI
the judge may consider the break in the probationary period to be unfair, particularly if it is not linked to the employee's competences (discriminatory break, for economic reasons, etc.).
The employer shall give the employee the termination documents which are due to him.
You terminate the employment contract
Procedure
During the probationary period, the contract of employment may be terminated freely by the employee.
Deadline for advance notice
An employee who wishes to break the probationary period must notify his employer, before leaving the company, within a period of consideration.
This period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The break of the trial period by the employee does not give not entitled to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L1221-19 to L1221-26General provisions
- Labor Code: Articles L1242-10 and L1242-11Employee on fixed term contracts
- Labor Code: Articles L1251-14 and L1251-15Employee on temporary contract
- Labor Code: Article L3123-5Trial period count (part-time employee)