How to renew the trial period step by step?

The trial period is a widespread practice in the world of work, and is included in virtually all types of contract. Renewing it, however, can be more complex. When is it possible? What is the procedure to follow? Use this guide to find out how to successfully renew your probationary period.

The legal framework of the trial period

Definition and duration of the trial period

The trial period enables the employer to test the employee's skills, and the employee to confirm his or her suitability for the position. Under French labor law, the trial period is optional and must be included in the employment contract. The maximum duration depends on the employee's status, and may be adapted by collective or industry 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.

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.

Extending and renewing the trial period

Extending the trial period is possible when the employee has been partially absent during the initial period. This may be due to illness or leave, although the reason for absence has no impact on the possibility of extending the period. The extension period is equivalent to the number of days the employee was absent from the company. It is automatic.

The trial period can also be renewed at the end of the initial period. The law allows only one renewal, if provided for in the collective bargaining agreement applicable to the company. A renewal clause must also be included in the employment contract or letter of engagement.

This confirms the employee's suitability for the position, and enables the employer to assess the employee's suitability. Note that renewal is not automatic, however, and requires action on the part of either the employer or the employee.

Terms and conditions of trial period renewal

Who decides on renewal?

In practice, the decision to renew the trial period is most often taken by the employer, who may feel the need for further assessment. However, the employee may also wish to extend the trial period if he or she feels that he or she has not been able to fully demonstrate his or her skills.

Several renewal conditions must be met:

• Renewal of the trial period must be provided for in the employment contract or letter of engagement,
• It is authorized by a collective agreement or branch agreement,
• It is imperative to obtain written agreement from both the employee and the employer before the end of the initial trial period.

Otherwise, renewal is impossible.

Renewal rules by type of contract

In the case of open-ended employment contracts, the trial period may only be renewed once, if authorized by a branch agreement (article L1221-21 of the French Labor Code). Including renewals, the maximum duration of the period is :

• four months for manual and clerical workers,
• six months for supervisors and technicians,
• eight months for managers.

In the case of a fixed-term employment contract (CDD), the law does not allow any renewal, even if the parties agree. The final date of the trial period is therefore fixed from the outset according to the duration of the contract.

Finally, it is also possible to renew the trial period of a temporary contract. Once again, the procedure must be authorized by the contractual provisions applicable to the company. The duration of the renewal must be equal to the initial period. In addition, the overall duration of the contract, including the trial period, may not exceed 18 months.

Can the trial period be renewed several times?

The trial period can therefore only be extended once. A second extension is impossible, as the maximum legal duration has been exceeded. The French Labor Code and numerous collective bargaining agreements stipulate that the trial period must remain temporary and not constitute a disguised form of precarious employment.

How do you notify and formalize renewal?

Advance notice

In principle, there is no notice period for notifying the renewal of the trial period. However, you should consult your collective bargaining agreement, which may stipulate such a period. To be valid, however, the renewal must have been notified and signed before the end of the trial period.

Writing a renewal letter

If the collective bargaining agreement is silent on the matter, the request can be made officially by any means. Generally speaking, this takes the form of written notification. Alternatively, the initiating party (employer or employee) can draft a renewal letter.

It can then be sent by registered mail with acknowledgement of receipt, or delivered by hand. It can also be sent by e-mail, with acknowledgement of receipt, or by electronic signature.

This letter must mention :

• The initial end date of the trial period
• Additional time
• Reason (additional assessment, need for observation)

A written agreement from the employee is required to secure the renewal and avoid any disputes. This agreement cannot be deduced from a simple signature on a document drawn up by the employer. The employee may, for example, write: "Good for agreement and renewal of my trial period". If the employee refuses, the employer may decide to terminate the probationary period and thus end the employment contract.

Note that if the request is made by the employee, he or she must also obtain the written consent of the employer. If the employer refuses, the probationary period will continue until the initially scheduled end date, and the employee may accept permanent employment. The employee may also request early termination of the trial period, and therefore of the employment contract.

Formalizing the renewal agreement

Once both parties have agreed to renew the trial period, it's time to formalize the agreement. There are two possible scenarios:

• The employment contract provides for the possibility of renewing the trial period: the existing renewal clause dispenses with the need for an amendment. The written agreement of the employee and the employer, signed by both parties and stating their acceptance, is sufficient.
• The employment contract does not mention the possibility of renewing the trial period: it is essential to draw up an amendment to the employment contract. As stated in the French Labor Code, renewal cannot be presumed; it must be expressly stipulated in the contract. To be valid, the contract must be updated with this specific rider.

Can a renewed trial period be terminated?

Yes, the trial period can be terminated even after renewal, as long as the legal requirements are met. Either the employer or the employee may terminate the probationary period at any time, without giving any particular reason, but subject to the notice period stipulated by law or the collective bargaining agreement.

At the employer's initiative, this period varies from 24 hours (if the employee has been present for less than 8 days) to 1 month (after 3 months' presence). The employee, for his part, must respect a 48-hour notice period, reduced to 24 hours if present for less than 8 days.

Beware, however, of possible abuses, which could result in the termination being deemed unjustified dismissal or an unfair dismissal, and lead to the payment of compensation.

FAQ - Frequently asked questions

Is the trial period automatically renewable?

No, it's never automatic. The renewal clause must be clearly mentioned in the contract and the collective bargaining agreement. It must then be validated by a written agreement between employer and employee. Without these conditions, the trial period cannot legally be renewed.

Can I collect unemployment after a trial period?

If the trial period is terminated at the employer's initiative :

• In the first 65 days worked and the contract of your previous employment has not been broken by resignation: you are entitled to unemployment.
• Within the first 65 days worked and you have resigned from your previous job: you are not entitled to unemployment benefits.
• After the first 65 days worked: regardless of the circumstances of the previous termination, you are entitled to unemployment benefits.

If the trial period is terminated on the employee's own initiative: this is treated as a resignation and therefore does not entitle you to unemployment benefits. There are certain exceptions, which you can find on the France Travail website.

What are my rights during the trial period?

During the trial period, you retain your rights as an employee (access to social protection, paid leave entitlement, etc.). You may also leave your position without cause, in the same way as the employer may terminate the employment relationship. However, a period of notice must be given if the period exceeds a certain threshold, and you can contact your employee representatives or the collective bargaining agreement for any clarification on your terms and conditions of employment.