How to determine the trial period for a permanent or fixed-term contract + 6 questions to put to the test!
You're getting ready to welcome your future employee, but before you sign the contract, you need to set the trial period for the contract, whether it's a permanent or fixed-term contract.
Will it be 2 months, 3 months, 4 months? How do you define the trial period? That's the question. 🤔
To avoid the headache, we've put together the main scenarios here, so you'll be more at ease with this part of the contract.
Spoiler: the length of the trial period (CDI or CDD for that matter) varies according to various criteria (type of contract, legal texts, legal duration, nature and classification of the job, etc.).
But we won't tell you any more here, let's get to the heart of the matter! 👇
In a nutshell: defining the trial period
First of all, what is the trial period of a contract ? In a few words, it's a "test" phase, so that you can see whether the newly-hired person is compatible with the position you've entrusted to him or her, and possesses the expected skills.
In other words, this is the time to observe and evaluate the new recruit's skills before validating the start of the contract. In return, this period is an opportunity for the employee to confirm that his or her duties suit him or her and correspond to his or her career aspirations.
💡 Not to be confused with "professional test" or "probationary period".
The probationary period applies to the following contracts:
- Open-ended contract (CDI),
- Fixed-term contract (CDD),
- Temporary employment contracts,
- Professionalization or apprenticeship contracts,
- Internship contracts.
And its duration? This will depend on the nature of the contract, its duration and the employee's professional category. It can be renewed or terminated under certain conditions. But don't worry, we'll explain everything below.
☝️ Good to know: the trial period must appear in the employment contract or in the letter of engagement signed by both parties. If it does not appear in a specific clause of the contract, the employee is considered to have been hired definitively from the first day!
So now for the question you've all been asking yourselves: " What is the trial period for a fixed-term or open-ended contract?
What's the trial period for a permanent contract?
Unsurprisingly, the trial period for a permanent contract is not always the same! It depends on the professional category to which your employees belong.
For each professional qualification, the French Labor Code specifies :
- a legal maximum duration for the initial trial period,
- and a maximum duration that the trial period may not exceed, including renewals. A trial period may be renewed under certain conditions.
👉 Key points to remember :
- CDI trial period for blue-collar and white-collar workers: 2 months (up to a maximum of 4 months with renewal) ;
- CDI trial period for supervisors or technicians: 3 months (up to a maximum of 6 months with renewal);
- CDI trial period for managers: 4 months (up to a maximum of 8 months with renewal).
In addition to the legal provisions, collective bargaining agreements or company collective bargaining agreements may stipulate different durations. Don't hesitate to take a closer look to find the applicable period.
💡 When does it start? The trial period begins on the 1st day of work at the company. The start date cannot be deferred.
What is the trial period for a fixed-term contract?
The trial period for a fixed-term contract also varies, depending on the length of the contract . It is expressed in days, months or years (except in the case of conventional or contractual provisions ).
👉 Key points to remember :
- 6-month fixed-term contract: the duration is one day per week, unless an agreement provides for a shorter duration. The maximum is 2 weeks.
- Fixed-term contracts of over 6 months: the duration is one month (unless an agreement provides for a shorter duration). But the maximum will always be one month.
- Fixed-term contracts without a precise term: in this case, the duration of the probationary period is calculated on the basis of the minimum contract duration stipulated in the contract.
Trial period duration: other contract types
Probationary period for temporary employment contracts
To determine the maximum length of a temporary worker's trial period, we first turn to the following texts:
- company or establishment agreement,
- company or establishment agreement,
- extended branch agreement,
- extended branch agreement.
In their absence, the law applies. The maximum duration of the trial period depends on the length of the contract:
- contracts of one month or less: 2 days,
- contracts between one and two months: 3 days,
- contracts of more than two months: 5 days.
Trial period for apprenticeship contracts
For apprenticeship contracts, a trial period of 45 days is possible. At the end of the trial period, you can hire the apprentice on a permanent contract for the same duties.
Part-time contract trial period
For part-time employees, the trial period is calculated in the same way as for full-time employees. It begins on the 1st day of employment and cannot be deferred.
FAQ trial period: 6 questions examined in detail
Is the trial period compulsory?
No, a trial period is not mandatory before final hiring. If you do include a trial period, be sure to mention it in your employment contract or letter of engagement:
- its initial duration,
- the duration of any renewal
- and the conditions under which it applies.
💡 As an employer, you are free to define the terms and conditions of the trial period according to the nature of the contract, provided you comply with legal or conventional provisions.
Can the trial period be reduced or eliminated?
Yes, according to the article dedicated to the trial period in the Digital Labor Code, the trial period initially provided for is automatically reduced in certain cases. These are as follows
- if a fixed-term contract ends and leads to a permanent contract for an identical position, the duration of the fixed-term contract is deducted from the trial period for the permanent contract;
- if a temporary contract is followed by a permanent contract, the trial period is reduced by the duration of the temporary contract, up to a maximum of 3 months;
- if an internship leads to a permanent contract, the duration of the internship is deducted from the probationary period.
Finally, in practice, the trial period is often waived.
How can a probationary period be terminated?
You can terminate your employment contract at any time during the trial period. You don't have to justify your decision, but we strongly recommend that you put your termination in writing.
The law does not lay down any specific provisions, but collective bargaining agreements often define the terms of the trial period, including the conditions for termination.
Here are a few steps you can take:
- respect a notice period at the end of the trial period (its length varies according to the number of days the employee is present),
- write a letter of termination of the employment contract by registered mail with acknowledgement of receipt (you can also give it to the employee),
- hand over the required documents:
- certificate of employment,
- balance of accounts (CDD and CDI),
- Pôle emploi certificate.
How long is the notice period for a trial period?
The notice period for a trial period is also known as the notice period. You can find this information in the collective bargaining agreement. You'll then be able to draft the corresponding clause in your contract.
On the employer's side, the notice period only applies if the trial period is longer than one month.
When can a trial period be renewed?
Renewal of the trial period, which generally concerns open-ended contracts, is only possible if certain conditions are met.
These are as follows:
- Renewal of the trial period is provided for in an extended industry agreement.
- It is mentioned in the employment contract or in the letter of engagement.
- It has been agreed by the employee in writing or by e-mail.
What is the remuneration for a trial period?
Is the trial period paid? The answer is yes! During the trial period, the employee receives the remuneration defined in the employment contract, minus any bonuses.
If the trial period is validated, the employment contract may provide for a higher salary.
Summary (+ final tips)
In a nutshell, the trial period of a contract is effective from an employee's first day on the job. A testing phase for both parties, it enables the employer to verify the employee's skills, and the new employee to check that the position matches his or her expectations.
Its duration varies according to the nature and duration of the employment contract, and while it is not compulsory, it is advisable to include a clause to this effect in the employment contract or letter of engagement.
👉 How do you set the length of the trial period? A final word of advice to avoid any disagreements or disputes:
- be sure to mention it clearly in the contract, so as not to presuppose that it applies by default;
- check the collective bargaining agreement before drafting your clause;
- insert an extract from the applicable collective agreement.
What happens next?
At the end of the trial period, the working relationship with your employee continues automatically, if it has not been terminated. It's customary for the employer to confirm this by means of a letter of confirmation, but there's nothing compulsory about this formality!
If you do not wish to extend the contract, you will have to initiate dismissal proceedings.