Trial period for an employee
Verified 27 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The probationary period allows the employer to assess the employee's skills before permanent or temporary employment. The probationary period also allows the future employee to assess the functions he will occupy in the company. We explain the regulations according to whether the contract is a DTA: titleContent, one CSD: titleContent or a temporary employment contract (temporary).
DTA
No, the trial period is not mandatory.
However, the employee must take a probationary period if it is provided for in his contract of employment or his letter of commitment.
Warning
The trial period must be distinguished from the professional trial and the probationary period.
If the employee has completed a probationary period during a CDD and the CDD becomes a CDI in the same company, the employer may ask the employee to complete a new probationary period.
The duration of the CDD is then deducted from any trial period provided for in the CDI.
The length of the probationary period varies according to the qualification of the employee:
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Employee or worker
Initial duration of the trial period
The duration maximum legal of the initial trial period of a CDI is 2 months.
One collective agreement or the employment contract may provide for a shorter duration.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Example :
A 2-month trial period that begins on March 15 must end on May 14 at midnight (even if the latter day falls on a Sunday or holiday).
Renewal of the trial period
The trial period shall be renewable 1 time.
It is therefore Maximum 4 months if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email
The employer cannot impose an initial trial period of 4 months on the employee from the outset. The initial trial period should first be 2 months and then be repeated thereafter to a maximum of 4 months.
Master's Officer or Technician
Initial duration of the trial period
The duration maximum legal of the initial trial period of a CDI is 3 months.
One collective agreement or the employment contract may provide for a shorter duration.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Example :
A 3-month trial period that begins on March 15 must end at midnight on June 14 (even if the last day falls on a Sunday or a holiday).
Renewal of the trial period
The trial period is renewable once.
It is therefore Maximum 6 months, if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment)
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email
The employer cannot impose an initial trial period of 6 months on the employee from the outset. The initial trial period should first be 3 months and then be repeated thereafter to a maximum of 6 months.
Frame
Initial duration of the trial period
The duration maximum legal of the initial trial period of a CDI is 4 months.
One collective agreement or the employment contract may provide for a shorter duration.
Warning
It is no longer possible to derogate from the maximum legal duration of the trial period since September 9, 2023. However, employment contracts concluded before that date and providing for a longer derogating period shall continue to apply.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Example :
A 4-month trial period that begins on March 15 must end on the following July 14 at midnight (even if the last day falls on a Sunday or a holiday).
Renewal of the trial period
The trial period is renewable once.
It is therefore Maximum 8 months, if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment)
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email
The employer cannot impose an initial trial period of 8 months on the employee from the outset. The initial trial period should first be 4 months and then repeated thereafter to a maximum of 8 months.
A simulator provides a response based on the collective agreement to which the company is attached:
The remuneration paid during the probationary period shall be that laid down in the contract of employment.
The employer or employee may terminate the employment contract during the probationary period.
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The employer terminates the employment contract
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This preventive period is applicable if the employee's employment contract includes a probationary period of at least 1 week.
The minimum warning period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
Due to the length of the precautionary period, the trial period cannot be extended.
If the statutory time limit for notice is not respected, the employer must pay the employee a compensatory allowance.
Its amount (compensatory allowance for paid leave included) is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the due diligence period.
FYI
The termination of the probationary period by the employer may be considered abusive by the labor council (CPH) if the reason for the break-up is not related to the employee's skills.
The employer shall give the employee the termination documents at the end of the warning period.
The employee terminates the employment contract
Procedure
During the probationary period, the employee may break up freely his employment contract.
No special procedures shall not be imposed on an employee who wishes to terminate the employment contract during the probationary period.
There is no formalism.
To avoid any dispute, the employee may notify the employer of his decision by letter with RAR: titleContent or by e-mail with a request for acknowledgement of receipt.
Deadline for advance notice
An employee who wishes to terminate his employment contract during the probationary period must notify the employer, before leaving the company, within a period of consideration.
The minimum warning period varies according to the length of the employee's presence in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The termination of the employment contract during the probationary period by the employee does not entitle him to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues between the employee and the employer.
CSD
No, the trial period is not mandatory.
However, the employee must take a probationary period if it is provided for in his contract of employment or his letter of commitment.
Warning
The trial period must be distinguished from the professional trial and the probationary period.
The length of the probationary period varies according to the duration of the employee's employment contract:
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CDD of 6 months maximum
The length of the trial period of a CDD of 6 months maximum is calculated at the rate of one day per week and within a period of time maximum legal of 2 weeks.
The collective agreement or a use may provide for a shorter duration.
Warning
It is no longer possible to derogate from the maximum legal duration of the trial period since September 9, 2023. However, employment contracts concluded before that date and providing for a longer derogating period shall continue to apply.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Example :
A 2-week trial period that begins on May 3 must end on the following May 16 at midnight (even if the last day falls on a Sunday or holiday).
Warning
Unlike the probationary period of a CDI, it is not possible to renew the probationary period of a CDD, even in the case of an agreement between the employee and the employer.
CDD over 6 months
The length of the trial period of a CDD over 6 months is calculated at the rate of one day per week and within a period of time maximum legal of 1 month.
The collective agreement or a use may provide for a shorter duration.
Warning
It is no longer possible to derogate from the maximum legal duration of the trial period since September 9, 2023. However, employment contracts concluded before that date and providing for a longer derogating period shall continue to apply.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time as an employed person.
Example :
A 1-month trial period that begins on May 3 must end at midnight on June 2 (even if the last day falls on a Sunday or holiday).
Warning
Unlike the probationary period of a CDI, it is not possible to renew the probationary period of a CDD, even in the case of an agreement between the employee and the employer.
CDD without a specific term
If the employee's CDD does not include a precise term, a duration minimal the probationary period must be provided for in the employment contract.
The duration of the trial period is then calculated based on this minimum duration.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Warning
Unlike the probationary period of a CDI, it is not possible to renew the probationary period of a CDD, even in the case of an agreement between the employee and the employer.
The remuneration paid during the probationary period shall be that laid down in the contract of employment.
The employer or employee may terminate the employment contract during the probationary period.
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The employer terminates the employment contract
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This preventive period is applicable if the employee's employment contract includes a probationary period of at least 1 week.
The minimum warning period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
Due to the length of the precautionary period, the trial period cannot be extended.
If the statutory time limit for notice is not respected, the employer must pay the employee a compensatory allowance.
Its amount (compensatory allowance for paid leave included) is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the due diligence period.
FYI
The termination of the probationary period by the employer may be considered abusive by the labor council (CPH) if the reason for the break-up is not related to the employee's skills.
The employer shall give the employee the termination documents at the end of the warning period.
The employee terminates the employment contract
Procedure
During the probationary period, the employee may break up freely his employment contract.
No special procedures shall not be imposed on an employee who wishes to terminate the employment contract during the probationary period.
There is no formalism.
To avoid any dispute, the employee may notify the employer of his decision by letter with RAR: titleContent or by e-mail with a request for acknowledgement of receipt.
Deadline for advance notice
An employee who wishes to terminate his employment contract during the probationary period must notify the employer, before leaving the company, within a period of consideration.
The minimum warning period varies according to the length of the employee's presence in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The termination of the employment contract during the probationary period by the employee does not entitle him to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues between the employee and the employer.
Interim
No, the trial period is not mandatory.
However, the employee must take a probationary period if it is provided for in his contract of employment or his letter of commitment.
Warning
The trial period must be distinguished from the professional trial and the probationary period.
The length of the probationary period varies according to the duration of the employee's employment contract:
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Contract of 1 month maximum
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 2 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Contract between 1 month and 2 months
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 3 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
Contract longer than 2 months
The duration of the trial period shall be fixed by treaty provisions.
In the absence of provisions, the trial period shall be Maximum 5 days.
The trial period, whether expressed in days, weeks or months, shall be counted in such a way that calendar (except treaty provisions or contractual).
The trial period starts on 1er working day. It can't be staggered.
The calculation shall be made in the same way if the employee works full-time or part-time.
The remuneration paid during the probationary period shall be that laid down in the contract of employment.
The employer or employee may terminate the employment contract during the probationary period.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employer terminates the employment contract
An employer who wishes to break the probationary period must notify the employee, before leaving the company, within a period of consideration.
This preventive period is applicable if the employee's employment contract includes a probationary period of at least 1 week.
The minimum warning period varies according to the length of time the employee has been in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month of presence | 48 hours |
Between 1 month and 3 months of presence | 2 weeks |
After 3 months | 1 month |
Due to the length of the precautionary period, the trial period cannot be extended.
If the statutory time limit for notice is not respected, the employer must pay the employee a compensatory allowance.
Its amount (compensatory allowance for paid leave included) is equal to the amount of wages and benefits that the employee would have received had he worked until the end of the due diligence period.
FYI
The termination of the probationary period by the employer may be considered abusive by the labor council (CPH) if the reason for the break-up is not related to the employee's skills.
The employer shall give the employee the termination documents at the end of the warning period.
The employee terminates the employment contract
Procedure
During the probationary period, the employee may break up freely his employment contract.
No special procedures shall not be imposed on an employee who wishes to terminate the employment contract during the probationary period.
There is no formalism.
To avoid any dispute, the employee may notify the employer of his decision by letter with RAR: titleContent or by e-mail with a request for acknowledgement of receipt.
Deadline for advance notice
An employee who wishes to terminate his employment contract during the probationary period must notify the employer, before leaving the company, within a period of consideration.
The minimum warning period varies according to the length of the employee's presence in the company:
Employee's time in the company | Deadline for advance notice |
|---|---|
Less than 8 days | 24 hours |
At least 8 days | 48 hours |
The termination of the employment contract during the probationary period by the employee does not entitle him to unemployment benefit, but there are exceptions.
At the end of the probationary period, and in the absence of an early break, the employment relationship automatically continues between the employee and the employer.
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General provisions
Employee on fixed term contracts
Employee on temporary contract
Trial period count (part-time employee)
Trial period of an employee on a permanent contract after a permanent contract