Trial Period for an Employee: Everything You Need to Know
Updated January 28, 2025 – Direction of Legal and Administrative Information (Prime Minister)
A trial period for an employee is a critical phase that allows both the employer and the employee to evaluate the fit of the employment relationship. During this time, employers assess an employee’s performance and skills, while employees can determine if the role meets their expectations. The rules regarding it can vary depending on the type of employment contract: permanent contract (CDI), fixed-term contract (CDD), and temporary contract (Intérim). In this guide, we break down everything you need to know about it in different employment scenarios.
Trial Period for an Employee on a Permanent Contract (CDI)
Is it for a CDI Employee?
No, it is is not mandatory in a permanent contract (CDI). However, if the trial period for an employee is specified in the employment contract or offer letter, the employee must complete it.
Important Note
It is essential to distinguish between a trial period, a professional trial period, and a probationary period. Each has different legal implications.
What is the Duration of the Trial Period for a CDI Employee?
The trial period for an employee on a permanent contract can vary based on their job classification:
- For Employees and Workers:
The maximum legal duration for the trial period for an employee is 2 months. However, the collective bargaining agreement or employment contract may provide for a shorter period.
It is calculated calendar-wise, including holidays. It begins on the first working day and cannot be postponed.
For example, if it is 2 months, starting on March 15th, it ends on May 14th at midnight, regardless of whether the last day falls on a weekend or holiday.
Can the Trial Period Be Renewed for a CDI Employee?
Yes, it under a CDI can be renewed once, extending the total period to 4 months. However, this is only possible if the collective agreement or contract allows it and if the employee agrees in writing.
What is the Salary During the Trial Period for a CDI Employee?
The salary during it is the same as specified in the employment contract.
Can a CDI Contract Be Terminated During the Trial Period?
Yes, both the employer and the employee can terminate the contract during it.
- For the Employee:
The employee may leave without formalities, though it is advisable to notify the employer by registered letter or email. - For the Employer:
If the employer wants to terminate the contract, they must provide a notice period based on the employee’s time at the company:
Duration of Employment | Notice Period |
Less than 8 days | 24 hours |
8 days to 1 month | 48 hours |
1 to 3 months | 2 weeks |
Over 3 months | 1 month |
What Happens at the End of the Trial Period for a CDI Employee?
If it ends without early termination, the employment relationship continues automatically.
Trial Period for an Employee on a Fixed-Term Contract (CDD)
Is it for a CDD Employee?
No, it is is not mandatory for a fixed-term contract (CDD). However, if it is specified in the contract or offer letter, the employee must complete the trial period.
Important Note
It is on a CDD is different from the trial period for a permanent contract. It is essential to understand these distinctions.
What is the Duration of the Trial Period for a CDD Employee?
It is in a CDD is dependent on the contract’s duration:
- For Contracts Longer than 6 Months:
The trial period for an employee is calculated as one day per week of the contract duration, up to a maximum of 1 month. Collective agreements or company-specific practices may reduce this duration.
Since September 9, 2023, it is no longer possible to exceed the legal limit for the trial period for an employee in a CDD. However, contracts signed before this date with longer periods remain valid.
Can it for a CDD Employee?
No, unlike CDI contracts, it in a CDD cannot be renewed, even with mutual consent.
What is the Salary During the Trial Period for a CDD Employee?
The salary during it is the same as stated in the employment contract.
Can a CDD Contract Be Terminated During the Trial Period?
Yes, either the employer or the employee can terminate the contract during it.
- For the Employee:
The employee can terminate without any formal procedure, though it is best to notify the employer via registered letter or email. - For the Employer:
The employer must respect a notice period based on the employee’s duration at the company:
Duration of Employment | Notice Period |
Less than 8 days | 24 hours |
8 days to 1 month | 48 hours |
What Happens at the End of the Trial Period for a CDD Employee?
If the trial period for an employee ends without early termination, the employment relationship continues automatically.
On a Temporary Contract (Intérim)
Is a Trial Period Mandatory for Temporary Employees?
No, the trial period for an employee is not mandatory in a temporary contract (Intérim). However, it is required if stated in the contract or offer letter.
Important Note
As with CDD and CDI contracts, it is essential to understand the difference between it, and a probationary period in a temporary contract.
What is the Duration of the Trial Period for Temporary Employees?
The duration of it in a temporary contract depends on the length of the contract:
- For Contracts Longer than 2 Months:
It is set by collective agreements. In the absence of an agreement, the maximum duration is 5 days.
What is the Salary During the Trial Period for Temporary Employees?
The salary during it is the same as stated in the employment contract.
Can a Temporary Contract Be Terminated During the Trial Period?
Yes, the employer or employee can terminate the contract during it.
- For the Employer:
The employer must provide notice according to the length of the employee’s tenure with the company.
What Happens at the End of the Trial Period for Temporary Employees?
At the end of it, and if there is no early termination, the employment relationship continues automatically.
Conclusion
It is a vital phase that helps both the employer and employee assess their fit within the organization. The rules regarding the trial period differ for permanent contracts (CDI), fixed-term contracts (CDD), and temporary contracts (Intérim). Whether you’re an employer or an employee, understanding the legalities of the trial period ensures a smooth working relationship. For more guidance on trial periods and employment contracts, contact Escec International for professional legal advice tailored to your needs.
