If you are looking to work in France, then you may come across the concept of a période d’essai. This is the trial period that occurs directly after an employee has begun a new job.
Technically, it is not required – meaning you could start a job and have no trial period at all – but it is necessary if it is referenced in the employment contract. Many employers will include a période d’essai, as it allows them time to determine whether or not to take the worker on in a permanent or temporary capacity.
In addition to that, labour laws in France are strict about terminating employees. Firing an established employee involves several steps that can take weeks to months. But during the trial period, there are fewer requirements.
As for the length of the trial period, and whether or not it can be renewed, this depends on the type of contract. In all situations, if a trial period applies, it must start as soon as you begin your new job.
Workers with a CDI (An indefinite contract)
The length of the trial period will depend on seniority – whether or not you are an ’employee/worker’ (Employé ou ouvrier), a ‘supervisor or technician’ (agent de maîtrise ou technicien) or an ‘executive/ management’ (cadre).
This should be outlined in your work contract.
The legal standard states that the trial period for employees/workers should be a maximum of two months.
However, depending on your convention collective – the sector-wide agreement that details days off, financial benefits and other employment standards – you may be entitled to a shorter trial period.
READ MORE: Why you really should read your French ‘convention collective’
The trial period can be renewed once (meaning your trial period would be a total of four months) if three conditions are met; the collective agreement mentions renewal, the renewal is referenced clearly in the contract or letter of engagement, and the employee has agreed to renew the trial period, either in writing or by email.
You can use this simulator to find out the rules about trial period renewal for your sector.
If you are a supervisor or technician, then the same standards apply but the maximum initial trial period goes up to three months, and if it can be renewed (based on the same requirements above) then the total trial period must not exceed six months.
This also applies to management level, who can have a maximum initial trial period of four months, and if renewal is allowed, a total trial period of eight months.
Workers with a CDD (short-term, defined contract)
Unlike CDIs, trial periods in CDDs cannot be renewed, and the length of the trial period depends on the length of the CDD itself.
As such, if your CDD is less than six months, then the maximum legal trial period is two weeks. For CDDs that are longer than six months, the trial period can be a maximum of one month.
In both situations, your sector’s collective agreement may allow for a shorter trial period, but not a longer one than the statutory maximum.
And finally – if you have a short-term, temporary work contract (interim), which is not exactly the same as a CDD but involves a set end-date, then your trial period would be even shorter, ranging from two to five days maximum.
Can I quit or be fired during the trial period?
In terms of quitting, employees are entirely free to terminate their work contract during the trial period. There are no formalities, aside from respecting a minimum notice period. If you have been working under eight days, then the period is 24 hours. If you have worked more than eight days, the period is 48 hours.
Nevertheless, it is still wise to send a registered letter to your employer informing them of your intention to quit, in order to avoid any possible misunderstandings.
READ MORE: EXPLAINED: What you should know if you want to quit your job in France
As for employers, there are still some things they need to consider before sacking a worker in their trial period.
First, they must give a notice period if the person has been working for at least one week. The notice period depends on how long the worker has been at the company – if it is less than eight days then the period is 24 hours, if it is between 8 days and one month then it is 48 hours, between one month to three months it is two weeks, and over three months the notice is one month.
If the employer fails to respect the notice period, then the employee must be compensated for any wages they would have received during what would have been the notice period.
While the standards for terminating a contract are less strict, the firing can still be considered excessive or inappropriate by the courts if it was not related to the employee’s skills or lack thereof.
The employer must also provide the employee with a certificat de travail and other end of contract documents.
What about an essai professionnel? Or a période probatoire? Are these different?
While the wording may appear similar, these are two different concepts to the période d’essai.
The essai professionnel is a work trial or test that is sometimes scheduled after an initial job interview. This comes before the person has signed their employment contract.
The période probatoire differs from the période d’essai in that it is for a pre-existing employee who has been offered a promotion. The person would complete their probationary period and if it is successful they would move into the new position. If it is unsuccessful, they would remain in their old post.
Member comments