As a reminder, the French Labor Code sets the length of the trial period for employees on open-ended employment contracts according to their qualifications:
| Employee qualification | Length of trial period | Maximum duration including renewal |
|---|---|---|
| Workers and employees | 2 months | 4 months |
| Supervisors and technicians | 3 months | 6 months |
| Managers | 4 months | 8 months |
Please note: renewal of the trial period is not automatic, and cannot be provided for from the outset of the contractual relationship.
Your employee will need to sign an amendment to renew the trial period.
Some collective bargaining agreements provided for longer trial periods, while others were shorter. For example, the Syntec agreement, before it was amended, used to provide for shorter trial periods than those stipulated by law.
Some agreements provided for longer periods than those stipulated by law, and these provisions were maintained until then.
The transposition of a European directive puts an end to this possibility.
As a result, from September 9, 2023, no longer than the legal maximum duration will apply.
The French Labor Code therefore sets the maximum length of the trial period.
All your employees will therefore have to comply with the legal requirements set out above, and their probationary period may not last any longer.
On the other hand, collective agreements providing for shorter working hours remain in force, provided they were signed after June 26, 2008, the date on which the relevant legal provisions came into force.
Agreements with shorter terms concluded before this date are no longer in effect.
The provisions of the Syntec agreement were rejected by the Cour de cassation in 2016, before being amended to include the same duration as the law.
You should now refer to the legal provisions to find out the maximum duration authorized for the trial period of your employees, depending on their qualifications.
