Trial period contract: permanent or fixed-term, how should it be set? + 6 questions to put to the magnifying glass!

You're getting ready to welcome your future employee, but before you sign the contract, you need to set the trial period for the contract, whether it's a permanent or fixed-term contract.

Will it be 2 months, 3 months, 4 months? How do you define the trial period? That is the question. 🤔

To avoid the headache, we've put together the main scenarios here, so that you're more at ease with this part of the contract.

Spoiler: the length of the trial period (permanent or fixed-term contract for that matter) varies according to various criteria (type of contract, legal texts, legal duration, nature and classification of the job, etc.).

But we won't tell you any more here, let's get to the heart of the matter! 👇

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In brief: definition of the trial period

First of all, what is the trial period of a contract ? In a few words, it's a "test" phase so that you can see whether the newly recruited person is compatible with the job you've given them and has the expected skills.

In other words, this is the time to observe and assess the new recruit's skills before validating the start of the contract. In return, this period is an opportunity for the employee to confirm that their duties suit them and match their career aspirations.

💡 Not to be confused with "professional test" or "probationary period".

The probationary period applies to the following contracts:

• Open-ended contract (CDI),
• Fixed-term contract (CDD),
• Temporary employment contracts,
• Professional training or apprenticeship contracts,
• Internship contracts.

And its duration? This will depend on the nature of the contract, the duration of the contract and the employee's professional category. It may be renewed or terminated under certain conditions. But don't worry, we'll explain everything below.

☝️ Good to know: the trial period must appear in the employment contract or in the letter of engagement signed by both parties. If it does not appear in a specific clause in the contract, the employee is deemed to have been taken on permanently from the first day!

So now for the question you've all been asking: " What is the trial period for fixed-term and open-ended contracts? Here we go!

What is the trial period for a permanent contract?

Unsurprisingly, the trial period for a permanent contract is not always the same! It depends on the professional category to which your employees belong.

The Labour Code sets out the following for each professional qualification:

• a legal maximum duration for the initial trial period,
• and a maximum duration that the trial period may not exceed, including renewals. A trial period may be renewed under certain conditions.

👉 Key points to remember :

• Trial period for permanent contracts for blue-collar and white-collar workers: 2 months (up to a maximum of 4 months with renewal) ;
• Probationary period for permanent contracts for supervisors or technicians: 3 months (up to a maximum of 6 months with renewal);
• CDI trial period for managers: 4 months (up to a maximum of 8 months with renewal).

In addition to the legal provisions, collective agreements or company collective bargaining agreements may provide for different periods. Don't hesitate to look more closely to find the applicable period.

💡 When does it start? The trial period begins on the 1st day of work at the company. The start date cannot be deferred.

What is the trial period for a fixed-term contract?

The trial period for fixed-term contracts also varies, depending on the length of the employment contract . It is expressed in days, months or years (except in the case of conventional or contractual provisions ).

👉 Key points to remember :

• 6-month fixed-term contract: the duration is one day per week, unless an agreement provides for a shorter duration. The maximum is 2 weeks.
• Fixed-term contracts of more than 6 months: the duration is one month (unless an agreement provides for a shorter duration). But the maximum will always be one month.
• Fixed-term contracts without a specific term: in this case, the length of the trial period is calculated on the basis of the minimum contractual term stipulated in the contract.

Length of a trial period: other types of contract

Trial period for temporary agency contracts

To determine the maximum length of a temporary worker's trial period, you should first look at the following texts:

• the company or establishment agreement,
• the company or establishment agreement,
• extended branch agreement,
• extended branch agreement.

In their absence, the law applies. It defines the maximum length of the trial period according to the length of the contracts:

• contracts of one month or less: 2 days,
• contracts of between one and two months: 3 days,
• contracts of more than two months: 5 days.

Trial period for apprenticeship contracts

An apprenticeship contract may be subject to a trial period of 45 flat-rate days. At the end of the trial period, you can hire the apprentice on a permanent contract for the same job.

Trial period for part-time contracts

The trial period for a part-time employee is calculated in the same way as for a full-time employee. It begins on the 1st day of work in the company and cannot be deferred.

FAQ trial period: 6 questions examined in detail

Is the trial period compulsory?

No, a trial period is not compulsory before final recruitment. If you do include one, be sure to mention it in the employment contract or in the letter of engagement, and be sure to specify :

• its initial duration
• the duration of any renewal
• and the conditions under which it applies.

💡 As an employer, you are free to define the terms and conditions of the trial period depending on the nature of the contract, as long as you comply with the provisions of the law or collective bargaining agreement.

Can the trial period be reduced or terminated?

Yes, according to the article dedicated to the trial period in the Digital Labour Code, the trial period initially laid down is automatically reduced in certain cases. These are as follows

• if a fixed-term contract ends and leads to a permanent contract for an identical position, the duration of the fixed-term contract is deducted from the trial period for the permanent contract;
• if a temporary contract is followed by a permanent contract, the trial period is reduced by the duration of the temporary contract, up to a maximum of 3 months;
• if an end-of-study work placement leads to a permanent contract, the length of the placement is deducted from the trial period.

Finally, in practice, the trial period is often waived.

How can a trial period be terminated?

The employment contract can be terminated at any time during the probationary period. You do not have to justify your decision, but it is strongly recommended that you put the termination of the contract in writing.

The law does not lay down any specific provisions, but often the collective agreement sets out the terms of the trial period, including the conditions for terminating it.

Here are some steps you can take:

• respect a notice period at the end of the trial period (its length varies depending on the number of days the employee is present),
• write a letter of termination of the employment contract by recorded delivery with acknowledgement of receipt (you can also give it to the employee),
• hand over the obligatory documents:
  • certificate of employment
  • balance of accounts (CDD and CDI),
  • Pôle emploi certificate.

How long is the notice period for a trial period?

The notice period for a trial period is also known as the notice period. You can find this information in the collective agreement. You will then be able to draft the corresponding clause in your contract.

On the employer's side, the notice period only applies if the trial period is longer than one month.

When can the trial period be renewed?

Renewal of the trial period, which generally concerns permanent contracts, is only possible if certain conditions are met.

These are as follows:

• Renewal of the trial period is provided for in an extended industry agreement.
• It is mentioned in the employment contract or in the letter of engagement.
• The employee has agreed to the renewal in writing or by email.

What is the remuneration for a trial period?

Is the trial period paid? The answer is yes! During the trial period, the employee receives the remuneration defined in the employment contract, minus any bonuses.

If the trial period is validated, the employment contract may provide for a higher salary.

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Summary (+ final tips)

In short, the trial period of a contract is effective from an employee's first day of work. A testing phase for both parties, it enables the employer to check the employee's skills, and the new employee to ensure that the position matches his or her expectations.

Its duration varies according to the nature and duration of the employment contract and, while it is not compulsory, it is advisable to include a clause on the subject in the employment contract or letter of engagement.

👉 How do you set the length of the trial period? One last piece of advice for a successful implementation, and to avoid any disagreements or disputes:

• be sure to state it clearly in the contract, so as not to assume that it applies by default;
• check the collective agreement to draft your clause;
• insert the extract from the applicable collective agreement.

What happens next?

At the end of the trial period, the employment relationship with your employee continues automatically, if it has not been terminated. It is customary for the employer to confirm this by means of a letter of confirmation, but there is nothing compulsory about this formality!

If you do not wish to extend the contract, redundancy proceedings will be initiated.