Probationary Period: Rules, Duration, and Tips
18 August 2025 · 4 min reading time
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See job offersThe first days in a new company are often synonymous with discovery and adaptation. The probationary period, provided at the beginning of an employment contract, is used to assess whether the collaboration between employee and employer can be sustainable. It allows the employer to verify the employee’s skills and integration, while giving the employee the opportunity to determine whether the job and work environment meet their expectations. Governed by French labor law, this period may last from a few days to several months, depending on the type of contract and professional category.
What is a probationary period?
The probationary period is the first official stage of an employment contract. It is a decisive phase that allows the employer to assess the employee’s skills, efficiency, and ability to adapt to their position. It also offers greater flexibility to end the collaboration if expectations are not met, without having to follow the traditional dismissal process.
For the employee, it is the chance to evaluate working conditions, internal organization, company culture, and the quality of onboarding. This period acts as a mutual test: both parties ensure that the working relationship meets their expectations and needs.
In France, the probationary period is regulated by the Labor Code, particularly Articles L1221-19 to L1221-26. Article L1221-20 specifies:
"The probationary period allows the employer to assess the employee’s skills in their work, particularly in relation to their experience, and allows the employee to determine whether the functions they occupy suit them."
These provisions require the probationary period to be explicitly stated in the contract or the letter of employment to be valid. If not mentioned, no probationary period can be imposed, and any termination must follow the standard legal procedure.
It is also important to note that the maximum authorized duration varies depending on the type of contract and the employee’s professional category, and that some collective agreements may provide more favorable rules.
Rights and obligations during the probationary period
Contrary to popular belief, the probationary period is not mandatory by law. An employment contract can begin without it. However, when included, it must be explicitly stated in the contract or letter of employment to be enforceable.
During this period, the employee enjoys the same rights as any other staff member: salary, social protection, paid leave accrual, working hours compliance, and safety conditions.
The employer must provide the necessary tools to enable the employee to perform their duties: appropriate equipment, training, support, and access to information.
On the other hand, the employee must comply with company rules, perform their duties with professionalism, and integrate into the company’s operations.
Probationary period by contract type and duration
The length of the probationary period depends on the contract type and the employee’s status. The French Labor Code sets maximum durations, but some collective agreements may provide shorter, more favorable terms.
- Permanent contract (CDI):
- Workers and employees: 2 months (renewable once, max. 4 months)
- Supervisors and technicians: 3 months (renewable, max. 6 months)
- Executives: 4 months (renewable, max. 8 months)
- Fixed-term contract (CDD): 1 day per week of contract length.
- Max. 2 weeks if less than 6 months
- Max. 1 month if more than 6 months
- Temporary work (interim):
- Assignment ≤ 1 month: 2 days
- Assignment 1–2 months: 3 days
- Assignment > 2 months: 5 days
- Apprenticeship contract: trial period of 45 days (consecutive or not). During this time, either party may freely terminate the contract without justification.
How to terminate a probationary period?
The termination of a probationary period can be decided by either the employer or the employee, without the need to justify the reason, but notice periods must be respected.
Employer-initiated termination
- Less than 8 days of employment: 24 hours
- Between 8 days and 1 month: 48 hours
- Between 1 and 3 months: 2 weeks
- More than 3 months: 1 month
Employee-initiated termination
- Less than 8 days of employment: 24 hours
- More than 8 days: 48 hours
👉 In all cases, it is recommended to formalize termination in writing.
Probationary period termination and unemployment benefits
Unemployment rights depend on who initiated the termination and the employee’s length of contribution.
- If the employer terminates: the employee may qualify for unemployment benefits (ARE) if they have worked the required number of hours. However, if termination occurs soon after a resignation from a previous job, France Travail may temporarily deny benefits, unless at least 65 days of work have been completed in the new role.
- If the employee terminates: generally, this does not entitle them to unemployment benefits, except in specific cases (legitimate reasons such as health, forced relocation, a validated project with France Travail, or short-term job after dismissal/contract end).
Before making a decision, employees should check their rights with France Travail to avoid unexpected periods without income.
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