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Published on 05.08.2026 
The trial period is a phase that occurs at the beginning of the employment contract.
It allows the employer to assess the employee’s skills as they perform their actual job duties.
Meanwhile, the employee can check to see if the position and the company meet their expectations.
This phase ensures a secure hiring process before the employment relationship becomes permanent.
For an employer, job interviews are not always enough to assess a candidate’s skills.
Some qualities only become apparent in a professional setting: independence, organizational skills, adaptability, teamwork, and embracing the corporate culture.
The trial period provides the time needed to confirm that the new hire meets the company’s needs.
Employees also benefit from this period. They can check whether:
The trial period thus serves as a mutual assessment that allows both parties to confirm their decision.
“The trial period allows both the employer and the employee to ensure that the position, the employee’s profile, and each party’s expectations are truly aligned.”
Caroline Barbe, Partner and specialist in labor law, Solucial Avocats
Although they offer more flexibility than a standard contract termination, trial periods are nonetheless strictly regulated.
In particular, the Labor Code stipulates:
Depending on the sector of activity, the collective bargaining agreement may also include specific provisions that should be reviewed before hiring.
Understanding the rules is the first step
Applying them as part of a setting-up project is the next step.
Nord France Invest supports French and international companies in their development projects in the Hauts-de-France region by connecting them with the right contacts and helping them navigate HR, legal, and administrative procedures.
Most industrialized countries have a trial period or an equivalent arrangement. However, the duration, terms of renewal, and termination procedures vary depending on national laws.
France stands out for its highly structured legal framework, which seeks to balance flexibility for employers with protection for employees.
No. In France, the trial period is optional.
An employer can hire an employee without providing one.
However, if the employer wishes to take advantage of this option, the trial period must be expressly provided for and specified in the employment contract or letter of hire.
A trial period cannot be taken for granted.
A verbal statement, a company practice, or a simple reference to the collective bargaining agreement is not enough.
To be valid, the contract must specify:
A clear clause included at the time of hire helps safeguard the employment relationship and minimizes the risk of disputes.
Otherwise, the employee is considered to be permanently hired starting on their first day of work.
The employer then loses the right to terminate the employment relationship in accordance with the rules applicable to trial periods.
A collective bargaining agreement does not automatically establish a trial period. Its role is to supplement the provisions of the Labor Code.
Depending on the sector of activity, however, it may:
Before drafting an employment contract, you should always review the provisions of your collective bargaining agreement.
The duration of the trial period depends on the type of contract and, for a permanent contract, on the employee’s job category.
The Labor Code sets maximum durations. A collective bargaining agreement may provide for shorter periods, but longer periods are permitted only in very limited cases specified by law.
For a permanent contract (CDI), the duration varies depending on the job duties.
| Employee category | Maximum initial duration | With renewal* |
|---|---|---|
| Workers and Employees | 2 months | 4 months |
| Technicians and Supervisors | 3 months | 6 months |
| Managers | 4 months | 8 months |
*Renewal is possible only under certain conditions, which are detailed later in this guide.
For a fixed-term contract (CDD), the trial period is determined based on the duration of the contract.
| Fixed-Term Contract Duration | Maximum duration of the trial period |
|---|---|
| Less than 6 months | 1 day per contract week, up to a maximum of 2 weeks |
| 6 months or more | Maximum 1 month |
The trial period for a fixed-term contract can never be renewed.
For temporary employment contracts, the duration also depends on the assignment.
| Duration of the assignment | Maximum duration of the trial period |
|---|---|
| Up to 1 month | 2 days |
| Between 1 and 2 months | 3 days |
| Over 2 months | 5 days |
These duration periods are set by the Labor Code and cannot be extended through renewal.
The trial period should not be viewed as merely an observation period. Above all, it is an onboarding phase that confirms whether a hire has been successful.
Thorough preparation increases the chances of turning a hire into a long-term partnership.
The first days are often crucial.
Before the employee arrives, make sure they have everything they need:
A structured onboarding process makes it easier to get started and helps new employees settle in more quickly.
The trial period must be based on objective evaluation criteria.
Upon their arrival, clearly explain:
Explicit expectations reduce misunderstandings and facilitate communication.
Don’t wait until the end of the trial period to conduct an initial assessment.
Plan to have several check-ins with the employee—for example, after the first month, then halfway through the period, and a few weeks before the end.
Schedule several interviews, for instance:
These discussions will allow you to:
For the employer, they also serve as valuable factors to consider before confirming a hire or considering termination.
You don’t have to document every interview.
That said, keeping a record of key discussions, established goals, and progress made is a recommended practice.
This documentation facilitates decision-making and may prove useful in the event of a dispute.
Renewing or terminating a trial period is not something that you can do on a whim.
A few weeks before the end of the trial period, assess the employee based on the objectives that were set at the beginning of the trial period. This will ensure that you have enough time to meet any notice periods or complete any formalities related to a renewal.
Renewing the trial period allows for an extension of the assessment period when it is still too early to confirm a hire.
This should not become standard practice. The goal is to allow for additional time to assess the employee’s skills or ability to adapt.
Renewal of the trial period is possible only for permanent contracts (CDI).
It is prohibited for fixed-term contracts (CDD) and temporary employment contracts.
It can be relevant, for example, when:
A renewal should never be used to postpone a decision or to unnecessarily prolong a situation of uncertainty.
The renewal is valid only if all three of the following conditions are met:
If even one of these conditions is missing, the renewal is considered invalid.
“Notice of renewal must be given in writing before the end of the trial period, with the employee’s consent.”
Caroline Barbe, Partner and specialist in labor law, Solucial Avocats
Don’t wait until the last few days of the trial period.
Make your decision early enough in order to:
This approach also facilitates dialogue and prevents decisions from being made in a rush.
Renewal cannot be carried out when:
The employer must then decide whether to confirm the hire or terminate the trial period before it expires.
Our advice
If a renewal becomes necessary, take this opportunity to set new goals with the employee.
This second period should make it possible to measure concrete progress and lead to a clear decision at its conclusion.
Terminating an employee during the trial period is easier than dismissing them.
During this period, both the employer and the employee can terminate the contract without having to justify their decision. This flexibility is one of the main benefits of a trial period.
However, this freedom is not absolute. The employer must follow certain procedural rules and act in good faith.
“Unlike a dismissal, the employer is not required to hold a preliminary meeting or to provide a reason for their decision. However, they must strictly adhere to the rules of procedure.”
Caroline Barbe, Partner and specialist in labor law, Solucial Avocats
An employer can terminate the trial period if they believe the employee is not meeting the job requirements.
However, the decision must be related to the very purpose of the trial period: to assess the employee’s professional skills and suitability for the position.
On the other hand, a termination based on a discriminatory ground, on the employee’s health condition, or intended to circumvent the rules governing termination may be subject to sanctions by the courts.
Termination does not require advance notice, but it does require a notice period.
When the employer initiates the termination, this notice period depends on the employee’s length of service.
| Length of service | Notice period |
|---|---|
| Less than 8 days | 24 hours |
| Between 8 days and 1 month | 48 hours |
| Between 1 and 3 months | 2 weeks |
| Over 3 months | 1 month |
When the employee initiates the termination, the notice period is:
The law does not require any specific formalities.
In practice, written notification is still strongly recommended. It can be delivered in person upon signature or sent by certified mail with acknowledgment of receipt.
This precaution allows you to prove the date of notification and compliance with the notice period in the event of a dispute.
As with any termination of employment, the employer must provide:
These documents enable the employee to exercise their rights and must be provided even if the contract ends during the trial period.
Certain situations regularly come before labor courts
In particular, avoid:
In such cases, the termination may be reclassified and result in financial consequences for the company.
Our advice
Termination during the trial period should never come as a surprise.
Regular communication throughout the trial period, combined with clearly defined objectives, generally makes it possible to anticipate the decision and minimize the risk of disagreement or disputes.
Certain situations may affect the duration or terms of the trial period. Here are the main rules you need to know.
Does sick leave or vacation extend the trial period?
Yes. Sick leave and vacation days suspend the employment contract.
The trial period is therefore extended by a period equal to the length of the absence.
The goal is to ensure that the employer has the assessment time that was originally planned.
The same principle applies in the event of a work-related accident, paid leave, or any other suspension of the contract.
What happens after a fixed-term contract is followed by a permanent contract?
When an employee is hired under a permanent contract for the same position, the duration of the fixed-term contract is deducted from the trial period of the permanent contract. It can therefore be reduced or even eliminated.
Can an internship be counted toward the trial period?
Yes, under certain conditions.
If the employee is hired within three months of completing a post-graduation internship and the job duties are similar, the duration of the internship is deducted, in whole or in part, from the trial period.
Is it possible to have a new trial period after a job change?
In principle, no.
When an employee moves to a different position within the same company, it is possible to establish a probationary period, but not a new trial period.
Nord France Invest can assist you with your project and with recruiting your first employees.
Through our network of local partners, we can put you in touch with the right people to help you scale up your operations in the Hauts-de-France region.
We will come back to you as soon as possible to answer your questions regarding your expansion project.
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