Sample termination of probation letter: guide and examples

Termination of the probationary period is a flexible process that allows the employer to terminate an employment contract in the event of unsatisfactory performance or unsuitability for the position. The legal conditions for termination are not very restrictive. But failure to respect them can result in sanctions. This guide presents the trial period, its legislation and the procedures to be followed to ensure that termination is carried out correctly.

Understanding trial period termination

What is the trial period?

The trial period is a decisive phase in the employment contract. It enables the employer to test the employee's skills, and the employee to confirm his or her 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.

For an open-ended contract, this period may not exceed :

• 2 months for blue-collar and white-collar workers,
• 3 months for supervisors and technicians,
• 4 months for managers.

Note that collective agreements, employment contracts or letters of engagement may stipulate shorter terms.

For a fixed-term contract (CDD), the trial period lasts 1 day per week of the contract. Unless lesser periods are stipulated by custom or agreement, it may not exceed :

• 2 weeks for a contract of 6 months or less,
• 1 month for a longer contract.

Finally, for assignment contracts, the duration is defined by a collective or company agreement. Failing this, the trial period may not 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 exceeds 2 months.

The rights and obligations of employer and employee

The trial period may be renewed if provided for in the employment contract or letter of engagement. For a permanent contract, only one renewal is possible, as authorized by the collective bargaining agreement. In total, the trial period must not exceed 4 months for manual and clerical staff, 6 months for supervisors and technicians, and 8 months for managers.

The employer and employee are free to terminate the contract during the trial period without formality or compensation, unless otherwise stipulated in the applicable collective bargaining agreement. However, for open-ended contracts and fixed-term contracts with periods of more than one week, a notice period applies. This measure was made compulsory by the June 25, 2008 law modernizing the labor market.

If either party decides to terminate the probationary period, it must inform the other party within the stipulated timeframe. These deadlines depend on how long the employee has been with the company, and generally range from 24 hours to 1 month. The notice period generally begins when the other party receives the termination letter, and is valid only during the trial period, which cannot be extended.

In the event of non-compliance with the conditions governing termination of the trial period, an employer may be required to pay compensation to the employee, except in the case of serious misconduct. Article L1221-25 of the French Labor Code governs the calculation of termination indemnities.

If the employee wishes to leave before the end of the trial period, he or she must respect a 48-hour notice period. This is reduced to 24 hours if the employee has spent less than eight days with the company he or she is about to leave. Articles L1221-19 to L1221-26 of the French Labor Code set out all the provisions governing trial periods.

There are limits to the freedom to terminate the trial period. For example, it may not be based on discriminatory grounds. Disciplinary procedure must be followed in the event of termination for disciplinary reasons. Finally, the specific case of termination of a protected employee's contract is subject to authorization by the labor inspector.

Key elements of a termination of probation letter

Mandatory information

Formal notification of termination of the probationary period requires a letter. The contents of the termination letter must include the following information:

• Identity of employer and employee
• Job title and start and end dates of trial period
• Reason for termination (optional but recommended)
• Reminder of how to respect notice periods
• Official documents to be given to the employee: France Travail certificate, work certificate, last pay slip, etc.

Letter structure and format

The letter terminating the trial period must be clear, precise and respectful. It must include the purpose of the termination, the effective date and the notice period. The employer must send the letter by recorded delivery with acknowledgement of receipt, or hand-deliver it against a receipt to ensure that it has been received by the employee.

Among the most common formulations is this one:

"We regret to inform you that we are terminating your trial 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 termination of probationary period

Model for the employer

Here's an example of a company-initiated trial period termination letter. This model is designed to comply with employer obligations.

Subject: Termination of trial period

"Madam / Sir",

We regret to inform you that we are terminating your trial 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.

For information purposes, the notice period is as follows, subject to contractual provisions that are more favourable 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 with 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 last pay slip and payment ;
• Your work certificate ;
• Your receipt in full and final settlement ;
• France Travail certificate.

Yours sincerely

Model for the employee

In certain cases, an employee may also wish to terminate his or her probationary period. Sample letters are available to enable employees to notify their decision in a professional manner, while complying with legal formalities.

Subject: Termination of trial period

"Madam / Sir",

I would like to inform you that I wish to terminate my probationary period.

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

I would be grateful if you could prepare the documents required for my departure:

• Last pay slip and payment ;
• Work certificate ;
• Receipt for payment in full ;
• France Travail certificate.

Yours sincerely

Legal procedure for termination of probationary period

Steps to follow

The employer assesses the employee's performance during the trial period. If performance is deemed insufficient, the employer may decide to terminate the probationary period and initiate a termination procedure. He must then inform the employee by letter, respecting the statutory notice period. On the last day, he will hand over the official documents to the employee (France Travail certificate, work certificate, etc.).

Compliance with legislation and penalties

Breaking a probationary period is not a dismissal, so the regulations governing the termination of a permanent contract do not apply. There is one rule to be followed in this case. In order for a letter of termination of a trial period to be valid, the notice period must be respected. Failure to comply with this notice period entitles the employee to compensation.

According to article L1221-25 of the French Labor Code, this indemnity is equal to the amount of wages and benefits that the employee would have received had he/she worked until the end of the notice period, including compensation for paid vacations.

Tools and resources for writing your break-up letter

Online letter generators

Tools such as Captain.legal and LegiSocial can generate termination letters tailored to the needs of employers and employees. These generators simplify the preparation of a letter that complies with all legal formalities.

Copywriting software

Writing software such as Microsoft Word or Google Docs are ideal tools for drafting formal letters. They make it easy to 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, respectful communication

A trial period must be terminated clearly and respectfully. The employer must always give formal notice of the decision. And even if this is not an obligation, explaining the reasons behind the decision is always welcome, to avoid any misunderstanding. And to enable the employee to learn and not just perceive the termination 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.

Post-rupture relationship management

Once the termination has taken effect, it is important to maintain a professional relationship with the employee. Official documents such as the Pôle emploi certificate and the employment certificate must be handed over as soon as possible to avoid any subsequent disputes.

FAQ - Frequently asked questions

Can a trial period be terminated at any time?

Yes, an employee can be terminated at any time during the trial period, provided that the notice period is respected or that serious misconduct is proven.

What compensation is available in the event of termination?

When the probationary period is terminated, the employee receives his final salary and a final settlement. However, if during the termination process the employer fails to give sufficient notice, the employee may be entitled to a further indemnity. This is equal to the amount of wages and benefits that the employee would have received had he/she worked until the expiry of the notice period, including compensation for paid vacations. If the contract is terminated at the employee's initiative, he or she is not entitled to unemployment benefit.

How to avoid disputes when breaking off a relationship?

To avoid disputes, the employer must scrupulously comply with the legal formalities, in particular the notice periods, and ensure that the termination letter is sent correctly.