You may be an employer who has just finished interviewing French applicants, selecting successful candidates, and hiring them as your new employees. Even though you’ve done all you can to choose the best, how can you ensure that your new hires are truly up for the job? Your French employees may also be worried about what they’ll face. How will they know if they fit in with their teams and the company culture or whether they’ll thrive in their new positions?

Probation periods are a way to dispel these fears on both sides. This guide will take you through the details and legal requirements of probation periods in France so you’ll know what’s required of both parties to French employment agreements.

Definition of a Probation Period in France

In France, a probation period, or essai professionnel, represents an initial period of time from the start of a new worker’s employment in which both the employer and employee assess the fitness of their relationship. Employers have an opportunity to assess the worker’s skills and fit with company culture. The employee can determine whether the working conditions and role expectations suit them. From a legal standpoint, this is also a period in which there are less restrictive protections for workers and employers, particularly in regard to termination.

France has ratified the International Labor Organization’s Convention 158. Through this signing, France has committed to ensuring that employees don’t face negative consequences if they are dismissed during probation periods and that these periods don’t exceed six months in length.

Lengths of Probationary Periods in France

Probationary periods, though common, are not required in France. When they are applied, however, they are strictly regulated by the French Labor Code (Code de Travail). These periods can last anywhere from one day up to eight months depending on the type of worker, type of contract, and renewals as follows:

Probation Periods for Permanent Contracts

Workers on permanent (also known as indefinite or open-ended contracts) can be asked to take part in trial periods with details must be clearly expressed in their contracts. While there is no statutory minimum for these periods, their maximum allowable length differs based on the type or status of the worker.

Employee Type Maximum Probation Period
Regular Employees 2 months
Supervisors & Technicians 3 months
Executives 4 months

Probation Period Renewals

Unlike in many other countries, France allows employers to extend probation periods, but only if an industry-wide agreement allows this. If it does, the agreement sets the lengths of the extensions, and the possibility of extension and its length must be contractually stated. Extensions can only be performed once, and the maximum limits for probation periods, including these extensions, are:

Employee Type Maximum Probation Period
Regular Employees 4 months
Supervisors & Technicians 6 months
Executives 8 months

Probation Periods with Fixed-Term Contracts

Fixed-term or definite contracts also allow for probation periods, albeit with more restrictive durations. Workers hired on fixed-term contracts not longer than six months in duration can be placed on probation for one day per week of the contract up to a maximum of two weeks total. Workers on contracts with durations longer than six months can have probation periods up to one month in length.

Probation Period Reductions in Special Circumstances

In some instances, probation periods may be reduced or entirely inapplicable.

If a worker is hired after an internship that was part of an academic program, the length of the internship will be deducted from the maximum allowable length of the probation period to a limit of half of this period. 

When a worker is hired on a permanent contract after a fixed-term contract, the duration of the fixed-term contract must be deducted from the length of the trial period.

If a worker is hired after an apprenticeship for the same company, a probation period is not permitted.

Legal Considerations of Probation Periods in France

France is a highly socialist state with numerous laws to protect the rights of workers. However, this country also recognizes the interests of employers and, therefore, allows some legal concessions during probationary periods. The rules that govern the obligations of employers and employees include:

Pay and Working Conditions

In several countries, workers on probation can be paid less, work longer hours, or receive fewer breaks than their fully employed counterparts. This is not the case in France, where employees must receive the same working conditions and pay during and after their probation periods.

Termination and Notice

In France, workers can resign freely and employers may terminate them freely during their probation periods. There is no need for the employer to provide a justification or proof to terminate an employee.

However, both parties must provide the necessary period of notice as agreed upon in their employment contracts. While collective agreements may require longer notice periods, the minimum notice required is:

Duration of EmploymentRequired Notice Period
After 8 days24 hours
8 days to 1 month48 hours
Over 1 month14 days
Over 3 months30 days

In addition, women on probation cannot be terminated if pregnant or up to four weeks after maternity leave. Fathers also cannot be terminated within the four weeks following the birth of a child.

Benefits of Probation Periods in France

Both employees and employers can gain advantages from undertaking probation periods in France in several ways, including:

  • For Employees

Opportunity to learn and try out a new position before making a full commitment.

Ability to resign with as little as 24 hours’ notice if desired.

  • For Employers

Able to assess workers’ skills on the job.

Opportunity to incorporate new workers into company culture and assess team fit.

Can terminate workers quickly and with no justification required.

Frequently Asked Questions

No, probation periods are not mandatory and are at the discretion of the employer.

Probation periods for executives can last up to four months and may be extended once for the same amount of time. This means the maximum duration of a trial period is eight months.

Yes, both employers and employees must give between 24 hours and 30 days’ notice depending on how long the employee has worked.