In Brief

• The probationary period is not mandatory for permanent contracts (CDI) unless specified in the contract.
• It begins on the first day of work and is calculated based on calendar days.
• The duration varies according to job classification: initially 2, 3, or 4 months maximum.
• Renewal is permitted only once, subject to three cumulative conditions.
• Remuneration during this period is as set out in the employment contract.
• Both the employer and the employee may terminate the contract freely during this period.

Definition and Objective

The probationary period constitutes a transitional phase at the start of the employment relationship. According to official data from service-public.fr, it serves two main functions:

1. To allow the employer to assess the employee's skills before making a permanent or temporary hiring decision final.
2. To allow the prospective employee to evaluate the role they will be undertaking within the company.

It is crucial to distinguish the probationary period from "professional trial" and "probationary period" (in different legal contexts), which fall under different legal regimes.

Mandatory or Optional Nature

In the context of an Open-Ended Employment Contract (Contrat à Durée Indéterminée - CDI), the probationary period is not automatic. It is imposed on the employee only if explicitly provided for in their employment contract or letter of engagement.

A specific case concerns the conversion of a Fixed-Term Contract (CDD) into a CDI within the same company. If the employee has already completed a probationary period during their CDD, the employer may require a new probationary period for the CDI. However, the duration of the previously completed CDD will be deducted from the duration of the probationary period stipulated in the new CDI contract.

Duration of the Probationary Period in a CDI

The statutory maximum duration of the initial probationary period depends on the employee's professional classification. These durations are ceilings; a collective bargaining agreement or the employment contract itself may provide for shorter periods.

Manual Workers and Employees

• Maximum initial duration: 2 months.
• Calculation: Calendar-based (days, weeks, or months), unless otherwise stipulated.
• Concrete example: A 2-month period starting on March 13 ends on May 12 at midnight, regardless of whether that day falls on a Sunday or a public holiday.

Supervisory Staff and Technicians

• Maximum initial duration: 3 months.
• Calculation: Calendar-based.
• Concrete example: A 3-month period starting on March 15 ends on June 14 at midnight.

Executives (Cadres)

• Maximum initial duration: 4 months.
• Calculation: Calendar-based.
• Concrete example: A 4-month period starting on March 15 ends on July 14 at midnight.

General Calculation Rules

• The probationary period must necessarily begin on the first day of actual work. It cannot be postponed.
• The method of calculation is identical whether the employee works full-time or part-time.
• A simulator available on service-public.fr allows you to check whether the company's collective bargaining agreement authorizes renewal.

Renewal of the Probationary Period

The probationary period can be renewed only once. However, this renewal is neither automatic nor discretionary. It can occur only if the following three conditions are met simultaneously:

1. Extended Branch Agreement: The renewal must be provided for by an extended branch agreement applicable to the company.
2. Contractual Clause: The possibility of renewal must be clearly indicated in the initial employment contract or letter of engagement.
3. Employee Consent: The employee must agree to the renewal. This agreement must be given during the initial probationary period and formalized in writing or by email.

Maximum Durations After Renewal

If these conditions are met, the total maximum duration (initial + renewal) is as follows:

• Manual Workers/Employees: Maximum 4 months (2 months initial + 2 months renewed).
• Supervisory Staff/Technicians: Maximum 6 months (3 months initial + 3 months renewed).
• Executives (Cadres): Maximum 8 months (4 months initial + 4 months renewed).

Prohibition of Immediate Full Duration

The employer cannot impose a probationary period corresponding directly to the maximum duration with renewal (4, 6, or 8 months) from the start of the contract. The procedure requires an initial period (2, 3, or 4 months) first, followed by subsequent renewal. Imposing a long duration immediately would be illegal.

Remuneration

Throughout the probationary period, the employee receives the remuneration set out in their employment contract. No salary reduction is authorized solely due to the probationary period, unless the contract specifically provides for different remuneration for this period (which remains rare and must comply with the minimum wage [Smic] and conventional minimums).

Termination of the Contract During the Probationary Period

The probationary 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 needing to justify a real and serious cause, nor follow the standard dismissal procedure.

This termination can occur at any time during the probationary period, subject to compliance with the notice periods provided by law or the collective bargaining agreement (although the precise details of notice periods are not elaborated in the provided excerpt, the principle of freedom to terminate is established).

Pitfalls to Avoid

• Confusion of Statuses: Do not confuse probationary period, professional trial, and probationary period (in different legal contexts).
• Abusive Renewal: The employer cannot renew the probationary period without the written consent of the employee obtained during the initial period.
• Deferred Start: The period begins on day 1 of work, not on the date of contract signing if that date is earlier or later.
• Absence of Clause: If the contract does not mention a probationary period, it does not legally exist, even if the employer desires one.

Official Source

The information presented above is extracted exclusively from the official Service Public sheet entitled "Probationary period for an employee," verified on March 6, 2026, by the Directorate for Legal and Administrative Information (Prime Minister's Office).

Read the full sheet on service-public.fr