ARTICLE · 09 FEBRUARY 2023

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Do's And Dont's - Trial Period

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A bill adopted on the 24th of November 2022, by the Council of Ministers aims to incorporate into French law two European directives of 2019.

FranceEmployment and HR

Flichy Grangé Avocats

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Do:

Expressly provide for the trial period in the employment contract: insert a clause indicating its conditions, duration, and its possible renewal if applicable (see below),
The duration of the trial period is set by the Labor Code. It is 4 months long where so called "cadres" (exempts) are concerned and shorter for employees whose professional classification is lower,
Different trial period lengths may also be provided for by industry wide collective bargaining agreements or the employment contract itself,
Renewal of the trial period is only possible if the applicable industry wide CBA and the contract so provide,
Termination of the employment contract during the trial period does not have to be explained and a rationale need not be provided. However, it should be notified in writing and within the applicable timeframe (to not result in the employment contract being performed beyond the term of the trial period).

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