Probation Period in France: Rules, Duration, and Pitfalls

What Is the Période d’Essai?

The période d’essai (probation period) is an initial phase of the employment contract during which both the employer and the employee can assess whether the relationship works. During this period, either party can terminate the contract with minimal formality and without needing to justify a cause réelle et sérieuse. This is the closest French law comes to the flexibility of at-will employment — but it still comes with rules.

The probation period is not automatic. It must be expressly stated in the employment contract or the letter of engagement. Article L.1221-23 du Code du travail (The probation period and its possible renewal shall not be presumed. They must be expressly stipulated in the letter of engagement or the employment contract) makes this clear.

Maximum Duration: What the Law Allows

Article L.1221-19 du Code du travail sets the maximum initial probation periods for CDI contracts based on the employee’s professional category:

These durations are imperative maximums under Article L.1221-22 du Code du travail. Collective agreements concluded after June 25, 2008, can only set shorter periods, not longer ones. The employment contract can also provide for a shorter period than the statutory maximum.

Renewal of the Probation Period

The probation period can be renewed once, but only if two cumulative conditions are met: (1) an extended collective bargaining agreement (accord de branche étendu) expressly provides for renewal, and (2) the employment contract mentions the possibility of renewal. Article L.1221-21 du Code du travail (The probation period may be renewed once if an extended industry agreement so provides) governs this.

With renewal, the total maximum probation periods become:

The renewal must be agreed to by the employee before the initial period expires — a unilateral renewal by the employer is not valid. Best practice is to have the employee sign a written renewal agreement.

Notice Requirements During Probation

Even during the probation period, termination is not instantaneous. Article L.1221-25 du Code du travail requires the employer to give advance notice (délai de prévenance) when ending the contract during or at the end of the probation period:

If the employee terminates during probation, they must give 48 hours’ notice (or 24 hours if they have been present less than 8 days). Importantly, the notice period cannot extend beyond the probation period — if there is not enough time left, the employer must pay compensatory indemnity for the remaining notice days.

Previous CDD or Internship: Deduction Rules

When an employee was previously employed by the same company on a CDD or completed an internship before being hired on a CDI for the same position, the previous period is deducted from the probation period. Article L.1221-24 du Code du travail (When a CDI is concluded after a CDD, the duration of the CDD is deducted from the probation period) mandates this deduction.

Similarly, internships lasting more than 2 months are deducted from the probation period when the intern is hired within 3 months of the end of the internship, up to a maximum of half the probation period (unless a collective agreement provides otherwise).

Grounds for Abuse: When Termination During Probation Becomes Wrongful

While no cause réelle et sérieuse is required during probation, this does not mean the employer has absolute freedom. Courts will strike down probation terminations that constitute abus de droit (abuse of right) in the following situations:

Practical Tips for Foreign Employers

The probation period is a valuable tool, but it must be used correctly. Always include the probation clause explicitly in the employment contract. Document the employee’s performance throughout the probation period — if you decide to end it, you should be able to point to professional reasons even though you are not legally required to provide them. Respect the notice requirements strictly. And never use the probation termination to mask a discriminatory or retaliatory decision.

Need help navigating French employment law? DAIRIA Avocats specializes in advising foreign employers operating in France. Contact us at s.coly@dairia-avocats.com or try DAIRIA IA, our AI-powered legal assistant at dairia.ai