Employee Individual: Homeworker's probationary period
Verified 16 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The employment contract of the employee of the individual employer may include a probationary period. But it's not mandatory. Where it exists, it must be specified in the contract of employment. The rules are different depending on whether the employee is hired in DTA: titleContent or CSD: titleContent. What is the trial period used for? How long is it? Can it be renewed? Can we break the trial period before it ends? We're doing an update on the regulations.
DTA
The probationary period allows the individual employer to verify that the employee is suitable for the position for which he was recruited.
It also allows the employee to verify that the position is suitable for him.
The trial period is not presumed. It must be written in the employment contract.
Warning
When the employee is hired by a contract oral under the Eesc, the trial period does not exist.
The trial period is 1 month.
It is renewable once if the following 2 conditions are met:
- Renewal provided for in the contract of employment
- Warning of employee's renewal in writing before the end of the initial trial period
The trial period can be broken freely in writingat the initiative of the individual employer or employee.
The party initiating the breach shall notify the other party within a specified period advance notice period.
It differs depending on whether the employer or the employee terminates the probationary period.
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Break-up by employer
Procedure
An employer who wishes to terminate the probationary period shall inform the employee in writing.
However, he must observe a time limit for advance notice.
Deadline for advance notice
The period varies according to the length of time the employee has been employed by the individual employer.
Duration of employee's presence | 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 |
The trial period (including renewal) ends on the scheduled date even if the due date is not met.
In the event of failure to comply with the due diligence period, the employer must pay compensation to the employee.
The amount of this allowance shall be equal to the amount of wages and benefits which the employee would have received if he had worked until the end of the period of entitlement due (including compensatory leave with pay).
A sample letter is available:
Break of probationary period at the initiative of the employer
Breakdown by employee
Procedure
An employee who wishes to terminate the probationary period shall inform the employer in writing.
However, he must observe a time limit for advance notice.
Deadline for advance notice
The period varies according to the length of time the employee has been employed by the individual employer.
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
A sample letter is available:
Termination of the contract in probationary period at the employee's initiative
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues.
At the end of the contract, the individual employer shall provide the employee with the following documents:
Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.
CSD
The probationary period allows the individual employer to verify that the employee is suitable for the position for which he was recruited.
It also allows the employee to verify that the position is suitable for him.
The trial period is not presumed. It must be written in the employment contract.
Warning
When the employee is hired by a contract oral under the Eesc, the trial period does not exist.
The duration of the trial period varies with the duration of the CSD: titleContent.
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CDD of 6 months or less
The trial period duration is calculated at the rate of 1 day per contract week.
This period is limited to 2 weeks calendars.
Example :
If the work contract is 4 weeks, the trial period is 4 days.
If the work contract is 20 weeks, the probationary period is 2 weeks.
If the work contract is 30 weeks, the trial period is 2 weeks.
Warning
Unlike the trial period of a DTA: titleContentHowever, it is not possible to renew the probationary period of a fixed-term contract, even if the employee and the employer agree.
CDD over 6 months
The duration legal maximum of the trial period is 1 month.
Warning
Unlike the trial period of a DTA: titleContentHowever, it is not possible to renew the probationary period of a fixed-term contract, even if the employee and the employer agree.
CDD without a specific term
If the CSD does not include precise term, a duration minimal the contract must be provided for in the employment contract.
The duration of the trial period is then calculated based on this minimum duration.
It will be 1 day per week of this minimum duration.
It is limited to 2 weeks calendars.
Example :
If the minimum duration is 4 weeks, the trial period is 4 days.
If the minimum duration is 20 weeks, the trial period is 2 weeks.
If the minimum duration is 30 weeks, the trial period is 2 weeks.
Warning
Unlike the trial period of a DTA: titleContentHowever, it is not possible to renew the probationary period of a fixed-term contract, even if the employee and the employer agree.
The trial period can be broken freely in writingat the initiative of the individual employer or employee.
The party initiating the breach shall notify the other party within a specified period advance notice period.
It differs depending on whether the employer or the employee terminates the probationary period.
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Break-up by employer
Procedure
An employer who wishes to terminate the probationary period shall inform the employee in writing.
However, he must observe a time limit for advance notice.
Deadline for advance notice
The notice period shall apply only if the employment contract has a probationary period of at least 1 week.
The period varies according to the length of time the employee has been in the service of the individual employer:
Duration of employee's presence | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
The trial period ends on the scheduled date even in the event of failure to comply with the warning period.
If the statutory notice period is not respected, the individual 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).
A sample letter is available:
Break of probationary period at the initiative of the employer
Breakdown by employee
Procedure
An employee who wishes to terminate the probationary period shall inform the employer in writing.
However, he must observe a time limit for advance notice.
Deadline for advance notice
The period varies according to the length of time the employee has been in the service of the individual employer:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
A sample letter is available:
Termination of the contract in probationary period at the employee's initiative
At the end of the probationary period, and in the absence of an early termination, the employment relationship automatically continues until the end of the contract.
At the end of the contract, the individual employer shall provide the employee with:
Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.
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Trial period for CDDs
Articles 44 et seq., 131 et seq.
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