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

Terminating a probationary period is a flexible process that allows an employer to end an employment contract in cases of unsatisfactory performance or incompatibility with the position. The legal conditions for termination are not very restrictive. However, failure to comply can result in penalties. This guide explains the probationary period, its legal framework, and the procedures to follow to ensure a proper termination.

Understanding the termination of a probationary period

What is a trial period?

The probationary period is a crucial phase in the employment contract. It allows the employer to assess the employee's skills and the employee to confirm their suitability for the position. This phase can last from a few weeks to several months, depending on the terms of the employment contract and collective bargaining 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, employment contract or 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 probationary period may be renewed if stipulated in the employment contract or letter of engagement. For a permanent contract, only one renewal is permitted, as authorized by the collective agreement. Therefore, the total period must not exceed 4 months for manual workers and employees, 6 months for supervisors and technicians, and 8 months for managers.

The employer and the employee are free to terminate the contract during the probationary period without formalities or compensation, unless otherwise stipulated in the applicable collective bargaining agreement. However, for permanent contracts (CDI) and fixed-term contracts (CDD) with periods exceeding one week, a notice period applies. This measure was made mandatory by the law of June 25, 2008, on the modernization of the labor market.

If either party decides to terminate the probationary period, they must inform the other party within the prescribed timeframes. These timeframes depend on the employee's length of service with the company and generally range from 24 hours to one month. The notice period typically begins when the other party receives the termination letter and is valid only for the duration of the probationary period, which cannot be extended.

If the conditions for terminating a probationary period are not met, an employer may be required to pay the employee compensation, except in cases of serious misconduct. The calculation of termination compensation is set out in Article L1221-25 of the French Labor Code.

If an employee wishes to leave their position before the end of the probationary period, they must give 48 hours' notice. This is reduced to 24 hours if the employee has worked less than eight days at the company they are about to leave. All provisions concerning the probationary period are set out in the French Labor Code, in articles L1221-19 to L1221-26.

There are limits to the freedom to terminate a probationary period. For example, it cannot be based on discriminatory grounds. Disciplinary procedures must be followed in the event of termination for disciplinary reasons. Finally, the specific case of terminating the contract of a protected employee is subject to the authorization of the labor inspector.

Key elements of a trial period termination letter

Required information

The official notification of the termination of the probationary period requires sending a letter. The content of the termination letter must include the following information:

• Identity of the employer and the employee
• Job title, and start and end dates of the probationary period
• Reason for the breakup (optional but recommended)
• Reminder of the procedures for respecting notice periods
• Official documents to be given to the employee: France Travail certificate, work certificate, last payslip, etc.

Structure and format of the letter

The letter terminating a probationary period must be written clearly, precisely, and respectfully. It must include the reason for the termination, the effective date, and confirmation that the notice period has been respected. The employer must send this letter by registered mail with return receipt requested or deliver it in person against a signed receipt 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 are terminating your probationary period. Consequently, you will cease to be part of our workforce on the evening of "XXX", this date taking into account the notice period in accordance with current legislation."

Sample letters for terminating a probationary period

Template for the employer

Here is an example of a letter terminating a probationary period initiated by the company. This template is designed to comply with legal employer obligations.

Subject: Termination of the probationary period

“Madam/Sir”,

We regret to inform you that we are ending your trial period.

As a result, you will cease to be part of our workforce on the evening of "XXX", this date taking into account the notice period in accordance with the legislation in force.

For your information, the notice period is as follows, subject to any collective bargaining agreements or contracts that are more favorable to the employee:

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

We will provide you with the following documents:

• Your latest payslip and its payment;
• Your work certificate;
• Your receipt for final settlement;
• The France Travail certificate.

Please accept, "Madam", "Sir", the expression of my distinguished consideration.

Template for the employee

In some cases, an employee may also wish to terminate their probationary period. Letter templates are available to allow the employee to notify their decision professionally, while respecting legal formalities.

Subject: Termination of the probationary period

“Madam/Sir”,

I am writing to inform you that I wish to end my trial period.

In accordance with Article L. 1221-26 of the Labour Code, I will leave my position 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 kindly request that you prepare the necessary end-of-contract documents for my departure:

• Last payslip and its payment;
• Certificate of employment;
• Receipt for full and final settlement;
• France Travail certificate.

Please accept, "Madam", "Sir", the expression of my distinguished consideration.

Legal procedure for terminating a probationary period

Steps to follow

The employer evaluates the employee's performance during the probationary period. If the employer deems the performance insufficient, they may decide to terminate the period and initiate a termination procedure. They must then inform the employee by letter, respecting the notice period stipulated by law. On the final day, they will provide the employee with the official documents (France Travail certificate, work certificate, etc.).

Compliance with legislation and sanctions

Terminating a probationary period is not considered dismissal, therefore the regulations concerning the termination of a permanent employment contract do not apply. However, one rule must be followed in this case: the validity of a letter terminating a probationary period requires adherence to the notice period. Failure to respect this notice period entitles the employee to compensation.

According to Article L1221-25 of the Labour Code, this compensation is equal to the amount of wages and benefits that the employee would have received if he had performed his work until the expiry of the notice period, including compensation for paid leave.

Tools and resources for writing your breakup letter

Online letter generators

Tools such as Captain.legal or LegiSocial allow you to generate termination letters tailored to the needs of employers and employees. These generators simplify the preparation of a compliant letter that meets all legal requirements.

Writing software

Word processing software like Microsoft Word or Google Docs are ideal tools for writing formal letters. They allow you to easily add elements such as dates, electronic signatures, and other crucial information to ensure the validity of the termination letter.

Best practices for a successful breakup

Clear and respectful communication

Terminating a probationary period must be done clearly and respectfully. The employer must always formally notify the employee of the decision. And even if it's not mandatory, explaining the reasons behind this decision is always welcome to avoid any misunderstandings. This allows the employee to learn from the experience and not perceive the termination solely as a failure.

Documentation and archiving

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

Managing post-breakup relationships

Once the termination is effective, it is important to maintain a professional relationship with the employee. The delivery of official documents such as the unemployment insurance certificate and the work certificate should be done as soon as possible to avoid any subsequent disputes.

FAQ - Frequent questions

Can a trial period be terminated at any time?

Yes, termination can occur at any time during the trial period, provided that notice periods are respected or serious misconduct is justified.

What compensation is due in the event of termination?

Upon termination of their probationary period, the employee receives their final salary and final pay. However, if the employer failed to respect the notice period during the termination process, the employee may be entitled to additional compensation. This compensation is equal to the salary and benefits the employee would have received had they worked until the end of the notice period, including compensation for accrued but unused vacation time. If the termination is initiated by the employee, they are not entitled to unemployment benefits.

How to avoid disputes during a breakup?

To avoid disputes, the employer must scrupulously respect legal formalities, in particular notice periods, and ensure that the termination letter is sent according to the rules.