How to renew the step -by -step trial period?

The trial period is a widespread practice in the world of work, included in almost all types of contract. Its renewal can however seem more complex. In what cases is it possible? What is the procedure to follow? Discover through this guide the right step to follow to successfully renew the trial period.

The legal framework for the trial period

Definition and duration of the trial period

The trial period allows the employer to test the employee's skills and the latter to confirm his adequacy with the position. According to the provisions of the labor code, it is optional and must be, for its implementation, provided for in the employment contract. The maximum duration depends on the status and can be adapted by collective agreements or branch agreements.

Thus, for an indefinite contract (CDI), this period cannot exceed:

• 2 months for workers and employees,
• 3 months for supervisors and technicians,
• 4 months for executives.

For a fixed -term contract (CDD), the trial period lasts 1 day per week of contract. Unless uses or conventional stipulations provide for lower periods, it cannot exceed:

• 2 weeks for a contract of a duration less than or equal to 6 months,
• 1 month for a longer contract.

Finally, for mission contracts, the duration is defined by a collective agreement or a company agreement. Otherwise, the trial period cannot exceed:

• 2 days if the duration of the contract is less than or equal to 1 month,
• 3 days if the duration of the contract is between 1 and 2 months,
• 5 days if the duration of the contract is more than 2 months.

Extension and renewal of the trial period

Extending the trial period is possible when the employee was partly absent during the initial period. This may be due to a disease or leave, knowing that the reason for absence does not impact the possibility of extending the period. The duration of extension is equivalent to the number of days when the employee was absent from the company. It is automatic.

The trial period can also be renewed at the end of the initial period. The law authorizes only one renewal if it is provided for by the extended collective agreement applicable to the company. A renewal clause must also be entered in the employment contract or the letter of commitment.

This thus confirms the employee's skills for the position and the latter to judge his adequacy. Note that the renewal is not, however, automatic and requires action on the part of the employer or the employee.

The methods of renewing the trial period

Who decides to renew?

In practice, the decision to renew the trial period most often comes from the employer, who may consider having a complementary assessment. However, the employee can also express the wish to extend this test phase if he considers that he could not fully demonstrate his skills.

Several renewal conditions must be respected:

• The renewal of the trial period must be provided for by the employment contract or the letter of engagement,
• It is authorized by a collective agreement or a branch agreement,
• It is imperative to obtain in writing an agreement from the employee and the employer before the end of the initial trial period.

Otherwise, the renewal is impossible.

The rules of renewal by type of contract

For an indefinite employment contract (CDI), the trial period can only be renewed once, if a branch agreement authorizes it (article L1221-21 of the Labor Code). Renewal included, the maximum duration of the period is:

• four months for workers and employees,
• six months for master's and technicians,
• Eight months for executives.

For a fixed -term employment contract (CDD), the law does not authorize any renewal, even in the event of agreement of the parties. The deadline for the trial period is thus fixed from the start according to the duration of the contract.

Finally, it is also possible to renew the trial period of an temporary contract. The procedure must once again be authorized by the conventional provisions applicable to the company. Thus, the duration of the renewal must be equal to the initial period. In addition, the overall duration of the contract, including trial period, cannot exceed 18 months.

Can the trial period be renewed several times?

The trial period can therefore only be renewed once. A second extension is impossible, because the maximum legal duration is exceeded. The Labor Code and many collective agreements stipulate that the trial period must remain temporary and not constitute a disguised precarious job.

How to notify and formalize renewal?

Notice period

In principle, there is no notice period to be respected to notify the renewal of the trial period. Remember to consult your collective agreement, which may provide for a period of this type. The validity of the renewal requires, however, that it was notified and signed before the end of the trial period.

Write a renewal letter

If the collective agreement does not specify anything, officially formulating the request can be made by any means. Generally, this results in a written notification. Also, the party on the initiative (employer or employee) can write a letter of renewal.

This can then be sent by registered mail with acknowledgment of receipt or hand delivery. It can also be sent by email, with acknowledgment of receipt, or via electronic signature.

This letter must mention:

• The initial end date of the trial period
• The additional duration
• The reason (complementary evaluation, need for observation)

A written agreement of the employee is necessary to secure renewal and avoid any dispute. This will cannot be deducted from the simple signature affixed to a document established by the employer. The employee can, for example, write: "Good for agreement and renewal of my trial period". In the event of refusal of the employee, the employer may decide to break the trial period and therefore end the employment contract.

Note that if the request is on the initiative of the employee, the latter must also obtain the written consent of his employer. In the event of refusal by the latter, the trial period will continue until the initially planned end date and the employee can accept his final hiring. He also has the possibility of requesting the early break in his trial period, and therefore of his employment contract.

Formalize the renewal agreement

Once the two parties have agreed to renew the trial period, the agreement should be formalized. There are two cases:

• The employment contract provides for the possibility of renewing the trial period: the existing renewal clause exempts you from making an amendment. The written agreement of the employee and the employer, with signatures and formulation of the acceptance, is sufficient.
• The employment contract does not mention the possibility of renewing the trial period: it is absolutely necessary to write an amendment to the employment contract. As the Labor Code indicates, renewal is not presumed, it must be expressly stipulated in the contract. For it to be valid, the update of the contract with this specific endorsement is imperative.

Can the renewed trial period be broken?

Yes, the breakdown of the trial period remains possible even after renewal, as long as legal obligations are respected. The employer or the employee can end at any time, without any particular reason, but in compliance with the notice period provided for by the law or the collective agreement.

At the initiative of the employer, this period varies from 24 hours (if the employee has been present for less than 8 days) to 1 month (after 3 months of presence). For his part, the employee must respect a period of 48 hours, reduced to 24 hours below 8 days of presence.

Beware, however, of any abuses, which could requalify this rupture as an unjustified dismissal or abusive rupture, and lead to the payment of compensation.

FAQ - Frequent questions

Is the trial period automatically renewable?

No, it's never automatic. The renewal clause must be clearly mentioned in the contract and the collective agreement. It must then be validated by a written agreement between the employer and the employee. Without these conditions, the trial period cannot be legally renewed.

Can I reach unemployment after a trial period?

If the trial period ends on the initiative of the employer:

• In the first 65 days worked and the contract of your previous job was not broken by a resignation: you are entitled to unemployment.
• In the first 65 days worked and you have resigned from your previous job: you do not have the right to unemployment.
• After the first 65 days worked: regardless of the circumstances of the previous rupture, you are entitled to unemployment.

If the trial period ends on the employee's initiative: it is assimilated to a resignation and therefore does not give you the right to unemployment. There are certain exceptions that you can find on the France Work website.

What are my rights during trial period?

During the trial period, you keep your employee rights (access to social protection, right to paid holidays, etc.). You can also leave your post without reason, in the same way that the employer can break the working relationship. However, he must comply with a notice period if the period exceeds a certain threshold, and you can get closer to the representatives of the staff or the collective agreement for any precision on your conditions of employment.