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Trial period
Verified 24 August 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The trial period ensures that the employee hired is suitable for the position on which he was recruited. It also allows the employee to assess whether the duties performed are suitable for him. It is not mandatory. Its duration varies according to the type of employment contract: CDI: titleContent, CDD: titleContent or temporary employment contract (temporary). Its duration also varies according to the employee's occupational category. It may be renewed or terminated in advance, subject to conditions.
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CDI
The trial period allows the employer to assess the employee's skills in his work, particularly in the light of his experience. It also allows the employee to assess whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee as soon as it is provided for in the employment contract or letter of undertaking..
The duration of the trial period varies according to the employee's professional qualification:
Employee or worker
The maximum legal duration of the initial trial period of a CDI shall be: 2 months..
It is renewable once. It is therefore a maximum of 4 months if the following 3 conditions are met:
- Renewal of the test period shall be provided for by extended branch agreement
- The fact that it can be renewed is clearly stated in the employment contract (or letter of undertaking)
- The employee agreed 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 calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
For example, a 2-month trial period that begins on March 15 must end on the following May 14 at midnight (even if the last day falls on a Sunday or holiday).
The trial period begins on 1to working day. It cannot be offset.
Master or Technician
The maximum legal duration of the initial trial period of a CDI shall be: 3 months..
It is renewable once. It is therefore a maximum of 6 months if the following 3 conditions are met:
- Renewal of the test period shall be provided for by extended branch agreement
- The fact that it can be renewed is clearly stated in the employment contract (or letter of undertaking)
- The employee agreed 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 calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
For example, a 2-month trial period that begins on March 15 must end on the following May 14 at midnight (even if the last day falls on a Sunday or holiday).
The trial period begins on 1to working day. It cannot be offset.
Framework
The maximum legal duration of the initial trial period of a CDI shall be: 4 months..
It is renewable once. It is therefore a maximum of 8 months if the following 3 conditions are met:
- Renewal of the test period shall be provided for by extended branch agreement
- The fact that it can be renewed is clearly stated in the employment contract (or letter of undertaking)
- The employee agreed 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 calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
For example, a 2-month trial period that begins on March 15 must end on the following May 14 at midnight (even if the last day falls on a Sunday or holiday).
The trial period begins on 1to working day. It cannot be offset.
The remuneration paid during the trial period shall be that fixed by the employment contract.
Warning
the test period shall not be confused with a internship (the trainee is not an employee).
Break by the employer
Procedure
During the trial period, the employment contract may be terminated freely by the employer.
No special procedure shall be imposed on an employer who wishes to terminate the trial period, except in one of the following cases:
- The collective agreement provides for a specific procedure.
- The breach is connected with a fault committed by the employee (the disciplinary procedure applies).
- The breach of contract concerns a protected employee :: in this case, the authorization of the labor inspection is mandatory.
Deadline
The employer who wishes to break the trial period must notify the employee, before his departure from the undertaking, within a period of caution..
This period of notice shall apply if the employment contract includes a trial period of at least 1 week.
The period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month | 48 hours |
Between 1 month and 3 months | 2 weeks |
After 3 months | 1 month |
If the precautionary period has not been respected, the trial period, including renewal, may not be extended.
If the legal period of notice is not respected, the employer must pay compensation to the employee, unless the employee has committed a serious fault.
The amount is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the period of due notice (including compensatory leave with pay).
FYI
the breach of the trial period may be considered abusive by the judge, in particular if it is not related to the employee's competencies (discriminatory breach, for economic reasons, etc.).
The employer shall give the employee termination documents due to him.
Employee break-up
Procedure
During the trial period, the employment contract may be terminated freely by the employee.
Deadline
An employee who wishes to break the trial period must notify his employer, before his departure from the undertaking, within caution..
This period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
Breaking the probationary period by the employee is akin to a resignation and does not result in not entitled to unemployment benefit, except for..
At the end of the test period, and in the absence of an early break-up, the working relationship shall automatically continue.
CDD
The trial period allows the employer to assess the employee's skills in his work, particularly in the light of his experience. It also allows the employee to assess whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee as soon as it is provided for in the employment contract or letter of undertaking..
The duration of the trial period varies according to the duration of the employment contract:
CDD up to 6 months
The duration of the trial period shall be determined by the duration of the contract.
It is calculated at the rate of one day per week, but may not exceed 2 weeks (except in the case of a collective agreement or a use with a shorter duration).
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
For example, a 2-week trial period beginning on May 3 must end at midnight on May 16 (even if the last day falls on a Sunday or holiday).
It must start at 1to day of employment contract.
The start of the test period cannot be postponed.
CDD greater than 6 months
The maximum duration of the test period shall be: 1 month (except for a collective agreement or a shorter term).
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
For example, a 2-week trial period beginning on May 3 must end at midnight on May 16 (even if the last day falls on a Sunday or holiday).
It must start at 1to day of employment contract.
The start of the test period cannot be postponed.
CDD without precise term
Where the DDC does not include precise term, a minimum contract period must be provided for.
The duration of the test period shall then be calculated on the basis of this minimum duration.
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
It must start at 1to day of employment contract.
It is not possible to defer the start of the test period.
The remuneration paid during the trial period shall be that fixed by the employment contract.
Warning
the test period shall not be confused with a internship (the trainee is not an employee).
Break by the employer
Procedure
During the trial period, the employment contract may be terminated freely by the employer.
No special procedure shall be imposed on an employer who wishes to terminate the trial period, except in one of the following cases:
- The collective agreement provides for a specific procedure.
- The breach is connected with a fault committed by the employee (the disciplinary procedure applies).
- The breach of contract concerns a protected employee :: in this case, the authorization of the labor inspection is mandatory.
Deadline
The employer who wishes to break the trial period must notify the employee, before his departure from the undertaking, within a period of caution..
This period of notice shall apply if the employment contract includes a trial period of at least 1 week.
The period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month | 48 hours |
Between 1 month and 3 months | 2 weeks |
After 3 months | 1 month |
If the precautionary period has not been respected, the trial period, including renewal, may not be extended.
If the legal period of notice is not respected, the employer must pay compensation to the employee, unless the employee has committed a serious fault.
The amount is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the period of due notice (including compensatory leave with pay).
FYI
the breach of the trial period may be considered abusive by the judge, in particular if it is not related to the employee's competencies (discriminatory breach, for economic reasons, etc.).
The employer shall give the employee termination documents due to him.
Employee break-up
Procedure
During the trial period, the employment contract may be terminated freely by the employee.
Deadline
An employee who wishes to break the trial period must notify his employer, before his departure from the undertaking, within caution..
This period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
Breaking the probationary period by the employee is akin to a resignation and does not result in not entitled to unemployment benefit, except for..
At the end of the test period, and in the absence of an early break-up, the working relationship shall automatically continue.
Intérim
The trial period allows the employer to assess the employee's skills in his work, particularly in the light of his experience. It also allows the employee to assess whether the duties performed are suitable for him.
The trial period is not mandatory.
However, it is binding on the employee as soon as it is provided for in the employment contract or letter of undertaking..
The duration of the trial period varies according to the duration of the employment contract:
Contract for up to 1 month
The test period shall be fixed by treaty provisions or collective or, failing that, Maximum 2 days..
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
It must start at 1to day of employment contract.
It is not possible to defer the start of the test period.
Between 1 month and 2 months
The test period shall be fixed by treaty provisions or collective or, failing that, 3 days maximum..
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
It must start at 1to day of employment contract.
It is not possible to defer the start of the test period.
Greater than 2 months
The test period shall be fixed by treaty provisions or collective or, failing that, 5 days maximum..
The trial period, whether expressed in days, weeks or months, shall be counted calendar except treaty provisions or contractually).
Counting is done in the same way for full-time and part-time employees.
It must start at 1to day of employment contract.
It is not possible to defer the start of the test period.
The remuneration paid during the trial period shall be that fixed by the employment contract.
Warning
the test period shall not be confused with a internship (the trainee is not an employee).
Break by the employer
Procedure
During the trial period, the employment contract may be terminated freely by the employer.
No special procedure shall be imposed on an employer who wishes to terminate the trial period, except in one of the following cases:
- The collective agreement provides for a specific procedure.
- The breach is connected with a fault committed by the employee (the disciplinary procedure applies).
- The breach of contract concerns a protected employee :: in this case, the authorization of the labor inspection is mandatory.
Deadline
The employer who wishes to break the trial period must notify the employee, before his departure from the undertaking, within a period of caution..
This period of notice shall apply if the employment contract includes a trial period of at least 1 week.
The period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month | 48 hours |
Between 1 month and 3 months | 2 weeks |
After 3 months | 1 month |
If the precautionary period has not been respected, the trial period, including renewal, may not be extended.
If the legal period of notice is not respected, the employer must pay compensation to the employee, unless the employee has committed a serious fault.
The amount is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the period of due notice (including compensatory leave with pay).
FYI
the breach of the trial period may be considered abusive by the judge, in particular if it is not related to the employee's competencies (discriminatory breach, for economic reasons, etc.).
The employer shall give the employee termination documents due to him.
Employee break-up
Procedure
During the trial period, the employment contract may be terminated freely by the employee.
Deadline
An employee who wishes to break the trial period must notify his employer, before his departure from the undertaking, within caution..
This period varies depending on the length of time the employee is in the company:
Duration of employee's presence in the company | Deadline |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
Breaking the probationary period by the employee is akin to a resignation and does not result in not entitled to unemployment benefit, except for..
At the end of the test period, and in the absence of an early break-up, the working relationship shall automatically continue.
- Labor Code: Articles L1221-19 to L1221-26General
- Labor Code: Articles L1242-10 and L1242-11CDD employee
- Labor Code: Articles L1251-14 and L1251-15Employee on temporary contract
- Labor Code: Article L3123-5Trial period count (part-time employee)