Trial period: what is it?
It is a period, at the start of an employment contract, during which both the employer and the employee can at any time terminate the employment contract, without reason, without notice and without compensation.
The purpose of this period is for each of the parties to the employment contract to to verify that the relationship suits him, i.e. for the employer to ensure that the employee is suitable for his position and the missions entrusted to him, and for the employee to be aware of the working conditions in which he will have to carry out his missions.
The employer now has the obligation to include mention of the trial period in the contract. Indeed, the trial period, as well as the possibility of renewing it, cannot be presumed.
What is the legal duration of a trial period?
You have been hired on a permanent contract (CDI)
The law sets the maximum duration of the trial period:
- 2 months for workers and employees;
- 3 months for supervisors and technicians;
- 4 months for executives.
It is possible to renew these durations only once provided that this possibility is provided for at the same time:
- by an extended branch agreement;
- and by the employment contract or the letter of engagement.
You have been hired on a fixed-term contract (CDD)
The trial period, which must be provided for in the employment contract so that the employer can take advantage of it, cannot exceed one day per working week, within the limit of:
- 2 weeks if the duration of the CDD is equal to or less than 6 months;
- 1 month if the duration of the CDD is greater than 6 months.
How do I end the trial period?
The termination of the trial period must comply with a notice period.
If the termination is at the initiative of the employerthe time within which the employee must be notified must not exceed:
- 24 hours if the employee was present for less than 8 days;
- 48 hours between 8 days and 1 month of presence;
- 2 weeks between 1 month and 3 months of presence;
- 1 month beyond 3 months of presence.
If the termination is at the initiative of the employeehe must inform his employer within a period of:
- 24 hours below 8 days of presence;
- 48 hours in all other cases.
Note: if the employer decides to terminate the trial period for a disciplinary reason (fault of the employee), he must implement the disciplinary procedure provided for this purpose.
C. work. : art. L. 1221-19 to L. 1221-26, L. 1231-1, L 1242-10 and L. 1242-11, L 1251-14 and L. 1251-15 and L 7313-5
Our tips:
If the employee falls ill, the trial period is extended accordingly. In the event of abusive termination of the trial period by the employer, the employee may take legal action in order to obtain damages (if it can be proven that the dismissal stems from an intention to harm or that the purpose of the trial period has been diverted).
The duration of the trial period is calculated in calendar days and not in working days. Moreover, the judges generally consider that this period ends the day before the end of the period, at midnight.
Example : if the duration of the trial period is one week, and the employee takes up his duties on a Monday, the trial period will end the following Sunday at midnight.