Summary
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The trial period in a CDI: what is it for?
As indicated in the labor code (article L 1221-20), the trial period has a dual function :
- for the employer, it is a period during which he will test employee performance. Did I make the right choice in recruiting this employee?
- for the employee, it is a period during which he goes take the measure of your workstation, the company and working conditions. Do I want to continue working in this company?
The trial period before the LMMT law
The duration of the trial periods was fixed according to collective agreements, collective agreements, company agreements and sometimes according to the customs of the company.
The duration of the trial period could therefore vary from one company to another.
The trial period now
The LMMT law of June 25, 2008 sets a legal trial period. It therefore concerns all employees since June 27, 2008.
She depends on the status of the employee and maybe only renewed once.
The maximum durations are:
Staff categories | Maximum initial term | Maximum duration with 1 renewal |
worker and employee | 2 months | 4 months |
ETAM | 3 months | 6 months |
Frames | 4 months | 8 months |
Trial period: it is not presumed
The employment contract (or the letter of engagement) must indicate that the employee is subject to a trial period and that this can be renewed if necessary.
In legal jargon, we will say that “The trial period and its renewal are not presumed”, they are therefore written.
If nothing is indicated on the employment contract (or the letter of engagement) the employee can consider that he is hired without a trial period.
Illness or work accident during the trial suspends the trial period.
The trial period: how do we count?
When the company expresses the trial period in weeks or months, the count is made in calendar weeks (Monday to Sunday) or in calendar months (the whole month counts).
When the period is expressed in days, it will be necessary to count in calendar days (every day of the week, from Monday to Sunday inclusive)
Small examples:
- a 2-month trial period which begins on July 9, 2012 will end on September 8, 2012 at midnight (even if it is a Saturday!);
- a 10-day trial period that begins on July 16, 2012 will end on July 25, 2012 at midnight.
The notice period: this is new
Before the law, the trial period could be terminated without delay.
The employer could say to his employee: “tomorrow, you do not come back, the trial period ends this evening”.
The employee could say to his employer: “tomorrow I am not coming, I am breaking my trial period”.
Since June 27, 2008, employees and employers must respect a certain deadline, called “notice period“
The notice periods depend on the time the employee is present in the company.
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 |
Hiring an intern: what about the trial period?
If a company hires an intern at the end of his internship, the duration of the internship is deducted from the trial period, within the limit of 50% of the duration initially planned.
Example : a trial period is planned for 2 months. The intern is hired at the end of an internship which lasted 4 months. The trial period can be reduced by a maximum of 50% (50% of 2 months, i.e. 1 month). The new trial period will therefore be one month.
Content updated on 06/30/2012