Trial periods: end of the possibility to derogate from the statutory maximum periods

In order to comply with Directive 2019/1152, which limits the duration of probationary periods to 6 months, a law of 9 March 2023 amended the provisions of the Labor Code relating to the possibility for CDIs to extend the duration of probationary periods.

What is the maximum length of a trial period for a CDI?

As a reminder, the law provides that the maximum duration of a probationary period for a DTA is:

• 2 months (renewable 2 months) for workers and employees;
• 3 months (renewable 3 months) for supervisors and technicians;
• 4 months (renewable 4 months) for executives.

End of the possibility to extend the maximum duration of a trial period

Hitherto, the sectoral agreements concluded before 26 June 2008 allowed employers to derogate from the legal provisions and to apply longer periods to probationary periods for a CDI.

Now, as of september 9, 2023However, it will no longer be possible to go beyond the maximum periods laid down by law.

The professional branches concerned

Based on data collected by the Directorate for Research, Studies and Statistics (Dares) in 2019, this new provision covers the following branches

• personal air transport on the ground;
• ski lifts;
• permanent employees of temporary work companies (ETTs);
• real estate development;
• training organizations;
• insurance businesses;
• insurance inspection;
• the bank;
• mutuality.

Exception for frames

Directive 2019/1152 on transparent and predictable working conditions in the European Union nevertheless states that it is possible to extend the trial period ‘where the nature of the employment so warrants or where it is in the interest of the worker’. Thus, the duration of the trial period for executives, including renewal, remains a maximum of 8 months.