What is a work trial?
24 September 2025 · 5 min reading time
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See job offersBefore hiring, some employers ask candidates to complete a work trial. This practice, governed by case law and the Labour Code, is used to verify that the candidate truly has the skills required for the job. However, be careful: the work trial must not be confused with the probationary period, nor turn into undeclared work. Its duration, conditions, and any possible pay are subject to precise rules that both employer and candidate must understand.
What is a work trial?
A work trial is a hands-on simulation offered by an employer to a candidate before hiring. Unlike the probationary period, which begins once the employment contract is signed, the trial takes place beforehand. Its purpose is simple: to test the candidate’s practical skills to ensure they are able to perform the position in question.
It is not a regular assignment nor a provision of work under the Labour Code. The trial must remain short, usually just a few hour and focus only on essential tasks. It does not create an employment relationship between the potential employee and the company, as long as it stays within this framework.
Case law has confirmed this definition multiple times: the work trial is tolerated as a step in the recruitment process, but it cannot replace a real contract nor generate commercial value for the employer.
What is the difference between a work trial and a probationary period?
It is common to confuse the work trial with the probationary period, but they are two separate steps in the hiring process.
The work trial occurs before any employment contract is signed. It is a one-off test that allows the employer to assess a candidate’s practical abilities: using a tool, performing a technical task, preparing a dish, etc. Its duration is very limited and it creates no contractual relationship.
The probationary period, on the other hand, begins once the contract has been signed. It is part of the employment relationship: the employee is hired, paid, and covered by labour law protections. This stage allows the company to evaluate if the collaboration is satisfactory and the employee to see if the role suits them.
In summary:
- Work trial = before hiring, very short, simple verification of skills.
- Probationary period = after contract signature, a genuine adaptation phase at work.
Confusing the two can have serious consequences for an employer. If a trial is too long or resembles a real job, it may be reclassified as an employment contract by the labour courts.
In which cases can an employer propose a work trial?
A work trial is not a mandatory part of recruitment. It is an option some employers use when they want to verify a candidate’s skills in a practical way before hiring. But this practice must remain exceptional and respect certain limits.
Sectors and roles concerned
Work trials are mainly found in jobs where technical expertise is essential. In food service, a cook may be asked to prepare a dish; in construction, a bricklayer may complete a small structure; in craftsmanship, a mechanic may perform a repair. These practical tests confirm that the candidate has the necessary skills to fill the role.
Limits set by law and case law
Even if tolerated, a trial must remain short and must not directly benefit the company. If the work performed becomes a genuine provision of work (for example, serving customers or producing goods for sale), the employer risks reclassification as an employment contract. Case law regularly reminds us that the trial should be only an assessment tool, not a way to bypass labour law.
What is the maximum duration of a work trial?
Duration is a key point. A work trial must always remain short: the longer it lasts, the more it looks like an actual employment relationship.
A short duration tolerated
There is no legal duration fixed in the Labour Code. However, judges consider that a trial must not exceed a short period. In practice, this means a few hours, rarely more than one day. The aim is to test a specific skill for a particular job, not to put the candidate to work on a full assignment.
Risks if the trial is too long
When the employer extends the trial beyond what is reasonable, they take a real risk. The work provided may then be considered as a provision of work, leading to reclassification as an employment contract. In that case, the company must pay wages, regularise social contributions, and recognise that a hire has taken place. Labour courts have repeatedly stressed that the trial must remain a short, one-time test.
Is a work trial paid?
Whether a work trial is paid depends on how it is organised. In some cases, the trial remains unpaid. But if the work done benefits the company, the employer must pay it as a genuine provision of work.
When payment is mandatory
If the candidate performs tasks that directly contribute to the company’s activity, they must be considered an employee. For example: a server who serves real customers, a mechanic who repairs a vehicle billed to a client, a cook who prepares dishes served in the restaurant. In such cases, the trial is equivalent to an employment contract and must be paid.
When the trial can be unpaid
A work trial can remain unpaid only if it is a simple technical demonstration, with no commercial use of the result. For instance, if a candidate makes a test dish for evaluation or performs a technical gesture in front of a recruiter. Here, the employer is only assessing skills without profiting from the work.
Employer obligations during a work trial
A work trial is not a legal grey area: even before the contract, the employer must comply with certain rules to protect the candidate and ensure transparency in the hiring process.
Framework and transparency
The employer must clearly specify the trial’s framework: purpose, duration, location, and conditions. The candidate must know exactly why they are being evaluated and for which job. This prevents any confusion with a real work assignment.
Safety and working conditions
Even for a simple trial, safety rules must be respected. If the candidate works in a workshop, kitchen, or construction site, they must receive safety instructions and, if needed, protective equipment. In case of an accident, the company’s liability may be engaged, just as with an employee.
What are the risks for the company in case of misuse?
The work trial is tolerated only if its limits are respected. If an employer abuses it, they face serious consequences before the courts.
Reclassification as an employment contract
If the trial looks like a real provision of work (by its length, tasks, or exploitation of the output), it can be reclassified as an employment contract. The candidate then becomes an employee, with all related rights: wages, social contributions, and labour law protection.
Sanctions from labour courts and examples
Beyond reclassification, the employer may be ordered to pay damages. Labour courts regularly remind that a work trial must remain short and well defined. For instance, companies have already been sanctioned for having candidates work like real employees under the guise of a trial.
Key takeaways about the work trial
- A practical test offered by an employer before hiring, to verify a candidate’s skills.
- Different from the probationary period, which is part of the employment contract.
- Duration must be short: a few hours, rarely more than one day.
- If too long or resembling real work, it may be reclassified as a contract.
- Payment is mandatory when the company benefits from the work; not required if it is just a technical test without commercial use.
- Safety rules and proper candidate conditions are essential.
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