A trial period proportionate to the length of the fixed-term contract
The law of July 24, 2024, which amends the Labor Code following the transposition of EU Directive 2019/1152 on transparent and predictable working conditions within the EU, introduces significant changes to the legislation applicable to the trial period of fixed-term contracts (Contrat à durée déterminée – CDD).
Until now, the Labor Code applied the same regulations on trial periods to CDD as to permanent employment contract (Contrat à durée indéterminée – CDI), so that it was sometimes legally possible to cover the entire duration of the CDD with a trial period, which made no sense.
From now on, the new law provides for that the duration of the trial period must be proportionate to the duration of the contract. Thus, the new article L 122-11 (1) of the Labor Code now states that the trial period cannot be less than 2 weeks, nor can it exceed ¼ of the duration specified in the CDD or the minimum duration for which the contract was concluded.
*Alternatively, a trial period of 4 weeks is permitted. In this case, a notice period of 4 days must be observed.
** Maximum trial period for an employee whose level of education is below the technical and vocational aptitude certificate.
Good to know
- Neither party may terminate the trial period during the first two weeks of the contract, except for serious misconduct or by mutual agreement.
- As with permanent contracts, trial periods of one month or less must be expressed in full weeks, and trial periods of more than one month must be expressed in full months.
- This law modification only affects new fixed-term contracts starting after the law’s entry into force on August 4, 2024.
Sanctions ?
Any trial period exceeding the maximum legal duration is null and void for the portion exceeding the legal limit (Example: a two-month trial period for a six-month fixed-term contract would be reduced to one month). The Labor Code does not provide for a fine against the employer in such a case, but they could be ordered to pay damages if a Labor tribunal rules that the trial period was terminated unfairly.
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