In brief
- The probation period is not mandatory in a permanent contract, unless specified in the contract.
- It starts on the first day of work and is counted calendar-wise.
- The duration varies according to qualification: 2, 3, or 4 months maximum initially.
- Renewal is possible only once, under three cumulative conditions.
- The salary during this period is that set by the employment contract.
- The employer and the employee can terminate the contract freely during this period.
Definition and Objective
The probation period constitutes a transitional phase at the beginning of the employment relationship. According to official data from service-public.fr, it serves two main functions:
- Allow the employer to assess the employee's skills before a permanent or temporary hire.
- Allow the future employee to evaluate the functions they will occupy within the company.
It is crucial to distinguish the probation period from the "professional trial" and the "probationary period," which fall under different legal regimes.
Mandatory or Not
In the context of a Permanent Contract (CDI), the probation period is not automatic. It is only imposed on the employee if it is explicitly stated in their employment contract or in their letter of engagement.
A specific case concerns the transformation of a fixed-term contract (CDD) into a permanent contract (CDI) within the same company. If the employee has already completed a probation period during their CDD, the employer may require a new probation period for the CDI. However, the duration of the previously completed CDD will be deducted from the duration of the probation period specified in the new CDI contract.
Duration of the Probation Period in CDI
The legal maximum duration of the initial probation period depends on the employee's professional qualification. These durations are ceilings; a collective agreement or the employment contract itself may provide for shorter durations.
Workers and Employees
- Maximum initial duration: 2 months.
- Counting: Calendar (days, weeks, or months), unless otherwise stated.
- Concrete example: A 2-month period starting on March 13 ends on May 12 at midnight, regardless of whether that day is a Sunday or a public holiday.
Supervisors and Technicians
- Maximum initial duration: 3 months.
- Counting: Calendar.
- Concrete example: A 3-month period starting on March 15 ends on June 14 at midnight.
Executives
- Maximum initial duration: 4 months.
- Counting: Calendar.
- Concrete example: A 4-month period starting on March 15 ends on July 14 at midnight.
General Calculation Rules
- The probation period must start on the first day of actual work. It cannot be postponed.
- The counting method is the same whether the employee works full-time or part-time.
- A simulator available on service-public.fr allows checking if the company's collective agreement permits renewal.
Renewal of the Probation Period
The probation period is renewable only once. However, this renewal is neither automatic nor discretionary. It can only occur if the following three conditions are met simultaneously:
- Extended branch agreement: The renewal must be provided for by an extended branch agreement applicable to the company.
- Contractual clause: The possibility of renewal must be clearly indicated in the initial employment contract or the letter of engagement.
- Employee's agreement: The employee must agree to the renewal. This agreement must occur during the initial probation period and be formalized in writing or by email.
Maximum Durations After Renewal
If these conditions are met, the total maximum duration (initial + renewal) is as follows:
- Workers/Employees: 4 months maximum (2 initial months + 2 renewed months).
- Supervisors/Technicians: 6 months maximum (3 initial months + 3 renewed months).
- Executives: 8 months maximum (4 initial months + 4 renewed months).
Prohibition of Immediate Period
The employer cannot impose on the employee a probation period directly corresponding to the maximum duration with renewal (4, 6, or 8 months) from the start of the contract. The procedure first requires an initial period (2, 3, or 4 months), followed by a subsequent renewal. Imposing a long duration from the outset would be illegal.
Compensation
Throughout the duration of the probation period, the employee receives the salary set in their employment contract. No salary reduction is allowed solely due to the probation period, unless the contract specifically provides for a different salary for this period (which remains rare and must comply with the minimum wage and collective minima).
Termination of the Contract During the Probation Period
The probation period offers particular flexibility regarding the end of the contract. Both the employer and the employee have the option to terminate the employment contract without having to justify a real and serious cause, nor to follow the classic dismissal procedure.
This termination can occur at any time during the probation period, subject to compliance with the notice periods provided by law or the collective agreement (although the precise details of the notice periods are not developed in the provided excerpt, the principle of freedom of termination is established).
Pitfalls to Avoid
- Confusion of statuses: Do not confuse the probation period, professional trial, and probationary period.
- Abusive renewal: The employer cannot renew the probation period without the written agreement of the employee obtained during the initial period.
- Deferred start: The period starts on day 1 of work, not on the day of signing the contract if that is earlier or later.
- Lack of clause: If the contract does not mention a probation period, it does not exist legally, even if the employer wishes it.
Official Source
The information presented above is extracted exclusively from the official sheet of Service Public titled "Probation Period for an Employee," verified on March 6, 2026, by the Directorate of Legal and Administrative Information (Prime Minister).