1. Definition
The trial period is a test period that allows the employer to assess the skills of the hired employee and ensure that he is suitable for the position. It also allows the employee to show his performance to his new employer and to determine if the position occupied suits him.
In practice, it is a period of uncertainty for both the recruiter and the employee. It's a way for both parties to test themselves and see if they can continue to work together under the conditions that are offered.
Its duration varies according to the type of employment contract and the professional category of the employee.
It can be renewed or terminated early, subject to conditions.
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2. Principles of the trial period
One of the peculiarities of the trial period is that the employment contract, for one reason or another, can be terminated by the employer at any time without any compensation. However, the reasons given must be legal and valid. Similarly, the employee also has the possibility of terminating his own contract during the trial period without having to justify the reasons for termination.
3. The duration of the trial period
The trial period depends on whether the contract is for a fixed or indefinite period.
has. The duration of the trial period in a CDI
Indeed, for permanent contracts (CDI), the trial period is:
three months (3 months) for executives and similar;
one and a half months (1.5 months) for employees;
fifteen days (15 days) for workers.
The trial period in the CDI can be renewed only once in the event that the employer needs more time to assess the skills of the employee.
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b. The duration of the trial period in a CDD
For fixed-term contracts (CDD), this period is:
one day (1 day) for each working week for contracts of less than 6 months. It must, however, be limited to two weeks;
one month in the case of a contract lasting more than six months.
4. The trial period and abuse
The employer is not allowed to impose on his employee a probationary period longer than the legal durations.
Seniority runs from the day the contract is signed, including the trial period. Therefore, the trial period must be taken into account in the calculation of the employee's seniority.
An employee whose trial period is terminated is not entitled to severance pay. He is entitled to his salary and to a compensatory allowance for paid leave for the period worked.
In the event of abuse of the trial period, the employee may appeal to the labor inspectorate or bring the case to the level of the social court.
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