In Brief
- The trial period is not automatic: it must be specified in the contract or the letter of engagement.
- It serves to evaluate the employee's skills and allows the employee to assess their functions.
- The duration varies according to qualification: employee/laborer (max 2 months), supervisor/technician (max 3 months), executive (max 4 months).
- Renewal is possible only once, under three cumulative conditions.
- Termination is free for both parties, respecting notice periods.
Understanding the Trial Period
The trial period has a dual purpose defined by law. On one hand, it allows the employer to assess the employee's skills before proceeding to a permanent or temporary hire. On the other hand, it offers the future employee the opportunity to appreciate the functions they will occupy within the company.
It is crucial to distinguish the trial period from two other concepts often confused: the professional trial and the probationary period. These arrangements have different legal frameworks.
Is the Trial Period Mandatory?
No, the trial period is not mandatory for an employee on a Permanent Contract (CDI). However, if it is specified in the employment contract or in the letter of engagement, the employee must complete it. In the absence of contractual mention, the contract is considered definitive from the first day.
Special Case: Transition from CDD to CDI
If an employee has already completed a trial period during a Fixed-Term Contract (CDD) and this contract is converted into a CDI within the same company, the employer may require the employee to undergo a new trial period. However, the duration of the previously completed CDD is deducted from the trial period possibly provided in the new CDI.
Duration of the Trial Period in CDI
The maximum legal duration of the trial period depends exclusively on the employee's qualification as defined by the applicable collective agreement. A collective agreement or the employment contract may always provide for a shorter duration than the legal ceiling, but never a longer one.
The counting of the trial period is done calendar-wise, whether expressed in days, weeks, or months, unless otherwise stipulated by collective or contractual provisions. The period must start on the first day of actual work and cannot be postponed. This method of calculation applies equally, whether the employee works full-time or part-time.
1. Employee or Laborer
Initial Duration: The maximum legal duration of the initial trial period is 2 months.
Example of calculation: A trial period of 2 months starting on March 13 ends on May 12 at midnight, even if the last day falls on a Sunday or a holiday.
Renewal: The period can be renewed once, bringing the total maximum duration to 4 months. This renewal is only valid if three conditions are met:
- The renewal is provided for by an extended branch agreement.
- The possibility of renewal is clearly indicated in the employment contract or letter of engagement.
- The employee agrees to this renewal during the initial trial period, in writing or by email.
The employer cannot impose an initial trial period of 4 months outright. The period must first be 2 months, then be renewed.
2. Supervisor or Technician
Initial Duration: The maximum legal duration of the initial trial period is 3 months.
Example of calculation: A trial period of 3 months starting on March 15 ends on June 14 at midnight.
Renewal: The period can be renewed once, bringing the total maximum duration to 6 months, subject to the same three conditions mentioned above (branch agreement, contractual mention, written agreement from the employee).
The employer cannot impose an initial trial period of 6 months outright. The period must first be 3 months, then be renewed.
3. Executive
Initial Duration: The maximum legal duration of the initial trial period is 4 months.
Example of calculation: A trial period of 4 months starting on March 15 ends on July 14 at midnight.
Renewal: The period can be renewed once, bringing the total maximum duration to 8 months, subject to the same three conditions mentioned above.
The employer cannot impose an initial trial period of 8 months outright. The period must first be 4 months, then be renewed.
To find out if your collective agreement allows for renewal, you can use the official simulator available on service-public.fr: "Find out if the trial period can be renewed".
Compensation During the Trial Period
The compensation paid to the employee during the trial period is that specified in the employment contract. There is no specific or reduced salary during this phase, unless the collective agreement provides for a different minimum (although the provided source simply states that the contractual salary applies).
Termination of the Trial Period
The employer or the employee can terminate the employment contract during the trial period. This termination ends the contractual link without needing to justify a real and serious cause, nor to follow the classic dismissal procedure. However, this freedom to terminate is framed by notice periods that must be respected by the party wishing to end the collaboration. Failure to comply with these notice periods may result in compensation.
The official source specifies that termination is possible, but does not detail in this excerpt the exact durations of notice periods according to seniority, which are generally set by law or the collective agreement.
Pitfalls to Avoid
- Confusing the trial period with the probationary period or professional trial.
- Thinking that the trial period is automatic: it must be explicitly included in the signed contract.
- Imposing a renewal without the written agreement of the employee obtained during the initial period.
- Starting the calculation of the trial period on a date other than the first day of actual work.
- Forgetting that the count is calendar-based (working and non-working days count), unless otherwise stipulated.
Official Source
The information contained in this guide is extracted from the official sheet "Trial Period for an Employee" updated on March 6, 2026, by the Directorate of Legal and Administrative Information (Prime Minister).