What is a probationary period for the employee?

Verified 11 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A period called probationary can be set up if the employee is to take up a new post in the company. The probationary period allows the employer toassess the employee's ability to perform his or her new duties. The probationary period also allows the employee to to take cognizance of his competences in his new duties.

Warning  

The probationary period is not subject to of a legal definition. She's not defined by the labor code. But of treaty provisions may authorize or prohibit the employer may impose a probationary period on an employee who changes positions.

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The probationary period is allowed

Implementation of the probationary period

If contractual provisions provide for the introduction of a probationary period, this period must be provided for in the employee's initial employment contract.

The contract of employment may provide, for example, for the duration of the probationary period, its possible renewal and the conditions for termination of that period.

Where a probationary period has been established, a agreeable the employee's initial contract must be established.

At the end of the probationary period, the employee is assigned to his new position.

Warning  

The probationary period should not be confused with the trial period.

Interruption of the probationary period

The probationary period may be interrupted by the employer if he considers that the employee does not perform his new duties satisfactorily.

The probationary period may also be interrupted by the employee if he is not satisfied with his new position.

There is no so-called consideration to end the probation period.

To avoid any dispute, it is advisable to formalize the end of the probationary period, by letter with RAR: titleContent or e-mail, for example.

The termination of the probationary period has the effect of returning the employee to his previous duties.

Unlike the probationary period, the termination of the probationary period does not lead to the termination of the employment contract.

The termination of the probationary period cannot be a valid reason for dismissal.

Warning  

One protected employee cannot be replaced automatically by the employer in his former capacity. The protected employee's agreement is obligatory.

If the protected employee does not agree, the employer must:

  • Either keep the protected employee in his new position
  • Or submit to the labor inspector an application for administrative authorization to dismiss the protected employee

The probationary period is prohibited

Treaty provisions may prohibit the introduction of a probationary period.

If so, the employer cannot impose a probationary period on the occasion of the change of position of the employee.

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  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

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