How to renew the trial period step by step?

The probationary period is a very common practice in the workplace, included in almost all types of contracts. However, renewing it can seem more complex. In what cases is it possible? What is the procedure to follow? Discover in this guide the right steps to take to successfully renew your probationary period.

The legal framework of the probationary period

Definition and duration of the trial period

The probationary period allows the employer to assess the employee's skills and the employee to confirm their suitability for the position. According to the provisions of the labor code, it is optional and must be stipulated in the employment contract. The maximum duration depends on the employee's status and may be adjusted by collective bargaining agreements or industry-wide agreements.

Thus, for an open-ended contract (CDI), this period cannot exceed:

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

For a fixed-term contract (CDD), the trial period lasts one day per week of the contract. Unless custom or collective agreement stipulates shorter periods, it cannot exceed:

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

Finally, for temporary work contracts, the duration is defined by a collective agreement or company agreement. Failing that, the trial period cannot exceed:

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

Extension and renewal of the trial period

Extending the probationary period is possible when the employee has been partially absent during the initial period. This can be due to illness or leave, and the reason for absence does not affect the possibility of extending the period. The extension is equivalent to the number of days the employee was absent from the company and is automatic.

The probationary period can also be renewed at the end of the initial period. The law only allows one renewal if it is stipulated in the extended collective bargaining agreement applicable to the company. A renewal clause must also be included in the employment contract or letter of engagement.

This allows the employer or employee to confirm their skills for the position and to assess its suitability. Note that renewal is not automatic and requires action from either the employer or the employee.

The terms and conditions for renewing the trial period

Who decides on the renewal?

In practice, the decision to renew the probationary period most often comes from the employer, who may feel they need further evaluation. However, the employee may also express a wish to extend this probationary phase if they feel they have not yet been able to fully demonstrate their skills.

Several renewal conditions must be met:

• The renewal of the probationary period must be stipulated in the employment contract or letter of engagement.
• It is authorized by a collective agreement or a sectoral agreement.
• It is imperative to obtain written agreement from both the employee and the employer before the end of the initial trial period.

Otherwise, renewal is impossible.

Renewal rules by contract type

For an open-ended employment contract (CDI), the probationary period can only be renewed once, if authorized by a sectoral agreement (Article L1221-21 of the French Labor Code). Including renewal, the maximum duration of the probationary period is:

• four months for workers and employees
• six months for supervisors and technicians,
• eight months for managers.

For a fixed-term employment contract (CDD), the law does not allow for renewal, even with the agreement of both parties. The end date of the probationary period is therefore set from the outset based on the contract's duration.

Finally, it is also possible to renew the trial period of a temporary employment contract. This procedure must again be authorized by the collective bargaining agreement applicable to the company. The renewal period must be equal to the initial period. Furthermore, the total duration of the contract, including the trial period, cannot exceed 18 months.

Can the trial period be renewed multiple times?

The probationary period can therefore only be renewed once. A second extension is impossible, as the maximum legal duration has been exceeded. The labor code and many collective agreements stipulate that the probationary period must remain temporary and not constitute disguised precarious employment.

How to notify and formalize the renewal?

Notice period

In principle, there is no notice period required to renew a probationary period. However, you should still consult your collective agreement, which may stipulate such a period. For the renewal to be valid, it must be notified and signed before the end of the probationary period.

Write a renewal letter

If the collective agreement is silent on the matter, the formal request can be made by any means. Generally, this takes the form of a written notification. Alternatively, the initiating party (employer or employee) can draft a renewal letter.

This can then be sent by registered mail with return receipt requested or delivered in person. It can also be sent by email, with return receipt requested, or via electronic signature.

This letter must mention:

• The initial end date of the trial period
• The additional time
• The reason (further assessment, need for observation)

Written agreement from the employee is required to secure the renewal and avoid any disputes. This agreement cannot be inferred from a simple signature on a document prepared by the employer. The employee could, for example, write: "Approved for renewal of my probationary period." If the employee refuses, the employer may decide to terminate the probationary period and thus end the employment contract.

It should be noted that if the request originates with the employee, they must also obtain the written consent of their employer. If the employer refuses, the trial period will continue until the originally scheduled end date, and the employee may accept the permanent offer. They also have the option of requesting early termination of their trial period, and therefore of their employment contract.

Formalize the renewal agreement

Once both parties have agreed to renew the trial period, the agreement must be formalized. There are two possible scenarios:

• The employment contract includes the possibility of renewing the probationary period: the existing renewal clause means you don't need to create an addendum. A written agreement from both the employee and the employer, with signatures and a statement of acceptance, is sufficient.
• The employment contract does not mention the possibility of renewing the probationary period: an addendum to the employment contract is absolutely necessary. As the Labor Code indicates, renewal is not presumed; it must be expressly stipulated in the contract. For it to be valid, updating the contract with this specific addendum is imperative.

Can the renewed trial period be terminated?

Yes, the trial period can still be terminated even after renewal, as long as legal obligations are met. The employer or employee can end it at any time, without giving a specific reason, but must respect the notice period stipulated by law or the collective agreement.

At the employer's initiative, this notice period varies from 24 hours (if the employee has been present for less than 8 days) to 1 month (after 3 months of service). For their part, employees must respect a notice period of 48 hours, reduced to 24 hours for those with less than 8 days of service.

However, beware of potential abuses, which could reclassify this termination as an unjustified dismissal or an abusive termination, and lead to the payment of compensation.

FAQ - Frequently Asked Questions

Is the trial period automatically renewable?

No, it's never automatic. The renewal clause must be clearly stated 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 probationary period cannot be legally renewed.

Can I claim unemployment benefits after a trial period?

If the trial period ends at the employer's initiative:

• In the first 65 days worked and your previous job contract was not terminated by resignation: you are entitled to unemployment benefits.
• If you were working for the first 65 days and you resigned from your previous job: you are not entitled to unemployment benefits.
• After the first 65 days worked: regardless of the circumstances of the previous termination, you are entitled to unemployment benefits.

If the trial period ends at the employee's initiative, it is considered a resignation and therefore does not entitle you to unemployment benefits. There are some exceptions, which you can find on the France Travail website.

What are my rights during my probationary period?

During the probationary period, you retain your employee rights (access to social security coverage, paid leave, etc.). You can also leave your position without giving a reason, just as the employer can terminate the employment relationship. However, they must provide notice if the probationary period exceeds a certain threshold, and you can contact employee representatives or consult the collective bargaining agreement for any further information regarding your terms of employment.