Summary
CDD trial period: the basics
It is the Labor Code which provides for the trial period of CDD contracts.
The maximum durations are:
- one month at most for a fixed-term contract of more than 6 months;
- for contracts of less than or equal to 6 months, the period is a maximum of 2 weeks at the rate of one trial (working) day per working week.
Example : a 4-week CDD contract gives a trial period of 4 days maximum.
You should know that the trial period may be prohibited by certain collective agreements which take into account the already precarious nature of CDD contracts.
Trial period in days
The Court of Cassation in its judgment of June 29, 2005 specified how the trial period will be counted.
When the trial period is expressed in days, it is counted in calendar days and not in working days.
There is therefore no need to deduct statutory holidays or rest days.
The indication on the CDD employment contract
The trial period must be expressly provided for in the contract, it does not presume.
However, uses or conventional provisions may provide for shorter durations.
If the CDD is without a precise term, the Labor Code then indicates that the trial period is calculated in relation to the minimum duration of the contract.
The CDD contract becomes a CDI contract
Trial periods for the CDI contract which comes after a CDD contract follow specific rulesdifferent depending on the case:
- No new trial period for the CDI contract which comes into effect at the end of the CDD contract when it is concluded on the same position (Court of Cassation of May 28, 1998);
- A new period is possible when the CDI contract is concluded on a post other than that which was designated by the CDD contract(s) (Court of Cassation of March 17, 1997);
- In the event that the CDD becomes a CDI, the trial period of the CDI contract is reduced by the duration of the CDD contract (according to the labor code).
Example : A CDD contract is concluded for an employee, it must last 6 months. After 3 months, the employer decides to transform the CDD contract into a CDI contract.
The trial period of the CDI contract will be reduced by the 3 months already completed under the CDD contract.
Termination of the trial period of a fixed-term contract
If the trial period has not been modified by the LMMT law, the same does not apply to the notice period.
This deadline obliges the 2 parties to respect a certain deadline before the termination of the trial period is effective.
The applicable conditions can be summarized using the following table:
Notice period | ||
Presence in the company | Breakup of employer | Break of the employee |
7 days max | 24 hours | 24 hours |
8 days to 1 month | 48 hours | 48 hours |
After 1 month | 2 weeks | 48 hours |
After 3 months | 1 month | 48 hours |
Content updated on 02/07/2012