In brief

• The probationary period is not mandatory in a permanent contract (CDI), unless specified in the contract.
• It serves to evaluate skills (employer) and assess roles (employee).
• The initial duration varies from 2 to 4 months depending on the qualification: employee/laborer, supervisor/technician, or executive.
• Renewal is possible only once, under three cumulative conditions.
• Termination can occur at any time by either party.

Who is concerned

Any employee hired under a Permanent Contract (CDI) in the private sector. The probationary period should be distinguished from the professional trial and the probation period.

If an employee has already completed a probationary period under a Fixed-Term Contract (CDD) that transitions to a CDI within the same company, the employer may require a new probationary period. In this specific case, the duration of the CDD is deducted from the probationary period planned in the CDI.

Duration of the initial probationary period

The maximum legal duration depends on the employee's qualification as defined below. A collective agreement or the employment contract may provide for a shorter duration, but not longer than the legal ceiling.

Employee or Laborer

• Maximum legal duration: 2 months.
• Example of calculation: A period starting on March 13 ends on May 12 at midnight, including if that day is a Sunday or holiday.

Supervisor or Technician

• Maximum legal duration: 3 months.
• Example of calculation: A period starting on March 15 ends on June 14 at midnight.

Executive

• Maximum legal duration: 4 months.
• Example of calculation: A period starting on March 15 ends on July 14 at midnight.

Calculation rules and start

• Start: The probationary period must begin on the first day of actual work. It cannot be postponed.
• Counting: The calculation is done on a calendar basis (calendar days), unless otherwise stipulated by collective or contractual provisions. This applies equally to full-time or part-time employees.

Renewal of the probationary period

Renewal is not automatic. It is limited to once. The maximum total durations (initial + renewal) are as follows:

• Employee/Laborer: 4 months maximum.
• Supervisor/Technician: 6 months maximum.
• Executive: 8 months maximum.

The employer cannot impose an initial duration corresponding to the total maximum (for example, 4 months right away for an employee). The initial period must first be respected (2 months), then renewed afterward.

For a renewal to be valid, three conditions must be met simultaneously:

1. The renewal is provided for by an extended branch agreement.
2. The possibility of renewal is clearly indicated in the employment contract or the engagement letter.
3. The employee agrees to the renewal during the initial probationary period. This agreement must be given in writing or by email.

A simulator available on service-public.fr allows checking if the probationary period can be renewed according to the company's collective agreement.

Compensation

The compensation paid to the employee during the probationary period is that specified in the employment contract. No specific reduction related to the probationary period is mentioned in the official data provided; the contractual salary applies in full.

Termination of the probationary period

Both the employer and the employee can terminate the employment contract during the probationary period. This termination ends the employment relationship without the need to justify a specific reason or follow the usual dismissal or resignation procedures, subject to compliance with the notice periods provided by law or the collective agreement (these notice periods are not detailed in the provided excerpt).

Pitfalls to avoid

• Confusing probationary period, professional trial, and probation period.
• Imposing a renewal without the written or emailed agreement of the employee obtained during the initial period.
• Forgetting that the probationary period starts from the first day of work and cannot be postponed.
• Applying an initial duration equal to the maximum allowed after renewal (e.g., 8 months for an executive from the start), which is prohibited.

Official source

The information presented here is extracted exclusively from the "Probationary period for an employee" sheet updated on March 6, 2026, by the Directorate of Legal and Administrative Information (Prime Minister).

Fiche service-public.fr