Model of rupture letter of the trial period: Guide and examples

The breakdown of the trial period is a flexible process that allows the employer to end an employment contract in the event of unsatisfactory performance or inadequacy with the position. The legal conditions of a breakup are not very binding. But their disrespect leads to sanctions. This guide presents the trial period, its legislation and the methods to follow to achieve a rupture in the rules.

Understand the breakdown of trial period

What is the trial period?

The trial period is a decisive phase in the employment contract. It allows the employer to test the employee's skills and the latter to confirm his adequacy with the position. This phase can last from a few weeks to several months, under the terms of the employment contract and collective 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.

Note that the collective agreement, the employment contract or the letter of engagement may provide for shorter durations.

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.

The rights and obligations of the employer and the employee

The trial period can be renewed if this is provided for by the employment contract or the letter of engagement. For a CDI, a single renewal is possible, authorized by the collective agreement. Thus, in total, the period should not exceed 4 months for workers and employees, 6 months for supervisors and technicians and 8 months for managers.

The employer and the employee are free to put an end to the contract during the trial period without formality or compensation, unless otherwise provided by the collective agreement in force. However, for permanent contracts and fixed -term contracts which provide periods greater than one week, a notice period applies. This measure was made compulsory by the law of June 25, 2008 on the modernization of the labor market.

If one of the parties decides to break up the trial period, it must inform the other party within the scheduled time. They depend on the duration of the employee's presence in the company and generally vary from 24 hours to 1 month. The notice period generally begins when the other party has received the rupture letter and is only valid during the trial period, which cannot be extended.

In the event of non -compliance with the conditions of rupture of the trial period, an employer may be required to pay compensating indemnity to the employee, except serious misconduct. The calculation of break-up allowances is provided for in article L1221-25 of the Labor Code.

If the employee wishes to leave his post before the end of the trial period, he must respect a period of 48 hours. The latter is reduced to 24 hours if the employee has spent less than eight days in the company he is about to leave. All the provisions concerning the trial period are recorded in the Labor Code, in articles L1221-19 to L1221-26.

There are limits to the freedom to break the trial period. Thus, it cannot be based on a discriminatory reason. The disciplinary procedure must be respected in the event of a break for disciplinary reasons. Finally, the specific case of the termination of the contract of a protected employee is subject to the authorization of the labor inspector.

Key elements of a trial period breaking letter

Compulsory information

The official notification of the breakdown of the trial period requires the sending of a letter. The content of the rupture letter must include the following information:

• Identity of the employer and the employee
• Title of the position concerned, and start and end dates of the trial period
• Reason for rupture (optional but recommended)
• Reminder of the methods of compliance with the notice period
• Official documents to be given to the employee: France work certificate, work certificate, last salary slip, etc.

Structure and format of the letter

The letter of breakdown of trial period must be written clearly, precise and respectful. It must include the object of the rupture, the effective date, as well as compliance with the notice period. The employer must send this letter by registered mail with acknowledgment of receipt or to hand it for discharge to ensure that it has been received by the employee.

Among the most common formulations, we find this one:

"We regret to inform you that we end your trial period. Consequently, you will stop being part of our workforce on the date of the" XXX "in the evening, this date taking into account the notice period in accordance with the legislation in force."

Models of trial period breaking

Employer model

Here is an example of a letter of trial period at the initiative of the company. This model is designed to be legal compliance with employer obligations.

Purpose: rupture of the trial period

"Madam / Sir",

We regret informing you that we end your trial period.

Consequently, you will stop being part of our workforce on the date of the "XXX" in the evening, this date taking into account the notice period in accordance with the legislation in force.

For information, the notice period is as follows, subject to conventional or contractual provisions more favorable to the employee:

• 24 hours (if the employee has been present for less than 8 days in the company)
• 48 hours (if the employee has been present for more than 8 days in the company)
• 2 weeks (if the employee has been present for a month in the company)
• 1 month (if the employee has been present for three months in the company)

We will give you the following documents:

• Your last salary slip and its rules;
• Your work certificate;
• Your receipt for any account balance;
• The France Work certificate.

Please accept, "madam", "sir", the expression of my distinguished consideration.

Model for the employee

In some cases, an employee may also wish to break his trial period. Models of letters are available to allow the employee to notify his decision in a professional manner, respecting the legal formalities.

Purpose: rupture of the trial period

"Madam / Sir",

I inform you that I would like to end my trial period.

In accordance with article L. 1221-26 of the Labor Code, I will leave my functions at the end of the notice period of "[24 hours because I have been present in the company for less than 8 days] or [48 hours because I have been present in the company for more than 8 days"].

I ask you to kindly prepare the end of contract documents necessary for my release:

• Last salary slip and its rules;
• Work certificate;
• Received for any account balance;
• France work certificate.

Please accept, "madam", "sir", the expression of my distinguished consideration.

Legal procedure for breach of trial period

Steps to follow

The employer assesses the employee's performance during the trial period. If he deems the latter insufficient, he can decide to end the period and then initiates a rupture procedure. He must then inform, via a letter, the employee in compliance with the notice period fixed by law. Then he will give the employee on the last day the official documents (France work certificate, work certificate, etc.).

Compliance with legislation and sanctions

Breaking up a trial period is not a dismissal therefore the regulations concerning the rupture of a CDI does not apply. A rule is to be followed in this case. The validity of the letter of rupture of a trial period requires compliance with the notice period. Failure to comply with this notice gives the employee's right to receive compensation.

According to article L1221-25 of the Labor Code, this compensation is equal to the amount of wages and advantages that the employee would have perceived if he had accomplished his work until the exposure period, compensatory compensation for paid leave.

Tools and resources to write your rupture letter

Online letters generators

Tools such as Captain.legal or Legisocial make it possible to generate rupture letters adapted to the needs of employers and employees. These generators simplify the preparation of a compliant letter, respecting all legal formalities.

Writing software

Writing software like Microsoft Word or Google Docs are ideal tools to write formal letters. They easily add elements such as dates, electronic signatures and other crucial information to guarantee the validity of the rupture letter.

Best practices for a successful breakup

Clear and respectful communication

The breakdown of a trial period must be carried out in a clear and respectful manner. The employer must always notify the decision formally. And even if it is not an obligation, explaining the reasons that motivated this choice is always welcome to avoid any misunderstanding. And allow the employee to learn and not to perceive this rupture only as a failure.

Documentation and archiving

It is essential to keep a written track of all stages of the rupture, including the letter sent and the official documents given to the employee.

Management of post-RUP relations

Once the break is effective, it is important to maintain a professional relationship with the employee. The delivery of official documents such as the Pôle Emploi certificate and the work certificate must be made as soon as possible to avoid any subsequent dispute.

FAQ - Frequent questions

Can we break a trial period at any time?

Yes, a rupture can take place at any time during the trial period, subject to respecting the notice period or justifying a serious fault.

What are the allowances in the event of a break?

When he ruptures his trial period, the employee receives his final salary as well as his balance. However, if during the breaking process, the notice period was not respected by the employer, the employee may receive another compensation. It is equal to the amount of wages and advantages that the employee would have perceived if he had accomplished his work until the exposure period, compensatory compensation for paid leave included. If the rupture is at the initiative of the employee, this does not give him the right to unemployment allowance.

How to avoid disputes when rupture?

To avoid disputes, the employer must scrupulously respect the legal formalities, in particular the notice period, and ensure that the letter of rupture is sent in the rules.