Whether you are a newly recruited employee or an employer looking to secure your hiring process, the probationary period is a crucial stage of the working relationship in France. This safety buffer, designed to assess the employee's skills and ensure the position suits them, is nevertheless one of the main sources of disputes before the Conseil de prud'hommes (French labour tribunal). Between strict rules on duration, conditions for renewal, and the rigorous formalism of termination, navigating the French legal framework can be complex, particularly for foreign residents or young business creators.
---
The probationary period is defined by *Article L. 1221-20 of the Code du travail (French Labour Code)*. It allows the employer to assess the employee's skills in their work, notably in light of their experience, and allows the employee to evaluate whether the duties assigned to them are a good fit.
Contrary to popular belief, a probationary period is not mandatory. To exist, it must be expressly provided for in the employment contract or the lettre d'engagement (letter of commitment/job offer) right from the start of employment. If no clause mentions it, the contract is definitive from the very first day of work.
---
The duration of the probationary period varies depending on the nature of the employment contract—whether it is a CDI (permanent contract) or a CDD (fixed-term contract)—and the employee's professional category.
For permanent contracts (CDI), the initial maximum durations set by *Article L. 1221-19 of the Code du travail*** are as follows:
Please note: Since December 18, 2023, maximum durations stemming from branch agreements concluded before 2008 that were longer than the legal durations are no longer applicable. French law has aligned itself with European Union law.
For fixed-term contracts (CDD), the calculation is different and depends on the duration of the contract (*Article L. 1242-10 of the Code du travail***):
The probationary period is calculated on a calendar basis (all days of the week are taken into account, including weekends and public holidays), and not in working or business days. It imperatively begins on the first day of actual work.
If the employee is absent (sickness, paid leave, company closure), the probationary period is extended by a duration equal to that of the absence, so that the employer has their full evaluation time.
> Concrete example:
> Pierre is hired as a cadre (executive) on March 1st with a probationary period of 4 months. His probationary period should normally end on June 30th at midnight. However, Pierre falls ill and is absent for 10 calendar days in May. The end of his probationary period is automatically pushed back by 10 days, i.e., until July 10th at midnight.
---
The renewal of the probationary period is not automatic and is subject to very strict cumulative conditions, failing which it may be reclassified as an abusive breach of contract.
For a renewal to be valid, three conditions must be met (*Article L. 1221-21 of the Code du travail***):
1. The branch agreement: The renewal must be provided for by an extended accord de branche (collective branch agreement). If the convention collective (national collective bargaining agreement) does not provide for it, renewal is impossible, even if the employment contract mentions it.
2. The employment contract: The possibility of renewal must be expressly written into the employment contract or the lettre d'engagement.
3. The express agreement of the employee: The employer cannot impose the renewal. The employee must give their clear and written consent before the end of the initial probationary period. The simple signature of a document with the mention "read and approved" (lu et approuvé) or an electronic signature is required. The employee's silence does not constitute agreement.
If renewal is authorised, the total duration of the probationary period (initial duration + renewal) cannot exceed:
---
One of the main advantages of the probationary period is the freedom of termination. Both the employer and the employee can end it without having to justify a serious reason, without heavy procedures (no preliminary interview or formal dismissal procedure), and without paying severance pay. However, the law requires compliance with a délai de prévenance (notice period).
The employer must notify the employee of their decision while respecting a notice period that depends on the employee's length of service in the company (*Article L. 1221-22 of the Code du travail***):
Crucial warning: The notice period cannot have the effect of extending the probationary period beyond its maximum end date. If the employer notifies the employee too late, they must pay them a compensatory indemnity equal to the wages they would have received had they worked until the end of the notice period, but the contract must stop on the last day of the trial. If the employee works even a single day beyond the trial period to complete their notice, the contract automatically becomes a definitive CDI.
An employee who wishes to leave the company must also respect a notice period (*Article L. 1221-23 of the Code du travail***):
---
Although termination is free, it is essential to follow a rigorous method to avoid any dispute before the Conseil de prud'hommes.
Before taking any action, calculate the exact end date of the probationary period, taking into account any absences (sickness, leave). Then determine the required notice period based on the length of service.
Although the law does not impose a written document (unless otherwise specified in a collective agreement), writing is essential for evidentiary purposes.
Two secure methods of transmission should be preferred:
On the last day of work, the employer must imperatively hand over to the employee:
---
The freedom of termination is not absolute. The courts severely punish abuses of this right.
A termination of a probationary period cannot be based on a discriminatory ground (origin, gender, sexual orientation, religion, pregnancy status, etc.) or on the employee's state of health (for example, terminating the trial the day after a declaration of an industrial accident or sick leave). Such a termination is null and void and can lead to heavy damages.
The probationary period serves solely to assess professional skills. If the employer terminates the trial for economic reasons (drop in activity) or to restructure their department, the termination is qualified as abusive because it misuses the purpose of the probationary period.
> Concrete example:
> Sophie is hired as a graphic designer. After 3 weeks, the company loses its main client. The director decides to terminate Sophie's probationary period, explaining to her orally that the company no longer has the budget for her position. Sophie can take the matter to the prud'hommes: the termination is abusive because it is linked to the economic situation of the company and not to Sophie's skills.
---
---
In principle, if the employee terminates the probationary period themselves (resignation), they are not entitled to unemployment benefits, except in cases of legitimate resignation. If the employer terminates the trial, the employee can claim return-to-work allowances (ARE), provided they have contributed for a sufficient period (at least 6 months of work during the last 24 months).
Yes, but protection related to maternity applies. The employer must under no circumstances motivate the termination by the state of pregnancy. In the event of a dispute, the employer will have to prove that the termination is completely unrelated to the pregnancy (such as blatant and documented professional inadequacy).
This is the trial period duration provided for by the convention collective applicable to the company. If this conventional duration is shorter than the legal duration of the Code du travail, the shorter duration (often the conventional one) applies, as it is more favourable to the employee.
Yes, but the duration of the end-of-studies internship carried out during the 6 months preceding the hiring must be fully deducted from the probationary period (*Article L. 1221-24 of the Code du travail***). If the internship lasted longer than the planned probationary period, the latter is simply waived.
---
Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.