Can an employee do several probationary periods with the same employer?
Verified 17 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the employee can perform a 2of trial period following a 1re probationary period with the same employer. However, this depends on the conditions for setting up this second probationary period: either because of a change in the employee's duties in DTA: titleContent, either by reason of a modification or extension of the employee's employment contract in CSD: titleContent or temporary employment contract.
Employee on a permanent contract
It is possible to set up a 2of probationary period, subject to conditions, if the employee on CDI is promoted or demoted during his 1re trial period.
Promotion of the employee during the trial period
If the employee's duties change, as part of a promotion during its trial period, the employer may check that the employee is fit to perform his new duties.
The employer can then ask the employee to perform a 2of trial period following 1re trial period.
The trial period of a DTA is renewable 1 time if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement which lays down the conditions and duration of the renewal
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email.
Warning
The maximum initial duration of the trial period of a CDI is:
- 2 months for an employee or a worker
- 3 months for a master's officer or technician
- 4 months for a frame.
The trial period of a DTA is renewable 1 time.
The maximum total duration of the trial period of a CDI (including initial duration and renewal) is therefore:
- 4 months for an employee or a worker
- 6 months for a master's officer or technician
- 8 months for a frame.
Demotion of employee during trial period
If the employee's duties change, as part of a demotion during its trial period, the employer may check that the employee is fit to perform his new duties.
The employer can then ask the employee to perform a 2of trial period following 1re trial period.
The trial period of a DTA is renewable 1 time if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement which lays down the conditions and duration of the renewal
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email.
Warning
The maximum initial duration of the trial period of a CDI is:
- 2 months for an employee or a worker
- 3 months for a master's officer or technician
- 4 months for a frame.
The trial period of a DTA is renewable 1 time.
The maximum total duration of the trial period of a CDI (including initial duration and renewal) is therefore:
- 4 months for an employee or a worker
- 6 months for a master's officer or technician
- 8 months for a frame.
Employee on fixed-term contracts or temporary contracts
The renewal of the employee's probationary period on a fixed-term contract varies depending on whether the contract of employment is amended or extended.
DTA at the end of a DTA
When at the end of the CSD: titleContent, the employment contract shall continue in DTA: titleContent, the new contract may provide for a new trial period.
The employer may ask the employee who has completed a probationary period during his temporary work contract to complete a new probationary period on the occasion of his transition to a temporary work contract.
In this case, the duration of the previous CDD(s) is deducted the trial period provided for in the CDI.
The trial period of a DTA is renewable 1 time if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement which lays down the conditions and duration of the renewal
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email.
Warning
The maximum initial duration of the trial period of a CDI is:
- 2 months for an employee or a worker
- 3 months for a master's officer or technician
- 4 months for a frame.
The trial period of a DTA is renewable 1 time.
The maximum total duration of the trial period of a CDI (including initial duration and renewal) is therefore:
- 4 months for an employee or a worker
- 6 months for a master's officer or technician
- 8 months for a frame.
CDI at the end of an interim contract
When at the end of the temporary employment contract, the employment contract shall continue in DTA: titleContent, the new contract may provide for a new trial period.
The employer may ask the employee who has completed a probationary period during his temporary assignment to carry out a new probationary period on the occasion of his transition to a CDI.
The length of the temporary assignments carried out within the company during the 3 months prior to recruitment is deducted the probationary period provided for in the new employment contract.
The trial period of a DTA is renewable 1 time if the following 3 conditions are met:
- The renewal of the trial period is provided for by extended branch agreement which lays down the conditions and duration of the renewal
- The fact that it may be renewed shall be clearly indicated in the contract of employment or the letter of commitment
- The employee has agreed to renew the trial period, during the initial trial period, in writing or by email.
Warning
The maximum initial duration of the trial period of a CDI is:
- 2 months for an employee or a worker
- 3 months for a master's officer or technician
- 4 months for a frame.
The trial period of a DTA is renewable 1 time.
The maximum total duration of the trial period of a CDI (including initial duration and renewal) is therefore:
- 4 months for an employee or a worker
- 6 months for a master's officer or technician
- 8 months for a frame.
Successive CDDs in the same functions
An employee on a fixed-term contract (who has already completed a probationary period during the fixed-term contract) who signs a new fixed-term contract with the same employer to occupy the same position must not perform a new trial period.
Successive CDDs in different functions
An employee who signs a new CDD with the same employer may perform a new probationary period.
This is the case if he is hired to occupy a workstation different previously performed in the company.
Warning
The trial period of a CDD is not renewable.
The maximum duration of the trial period of a CDD is:
- 2 weeks for a CDD of 6 mbis maximum
- 1 month for a CDD of more than 6 months
- Minimum duration laid down in the contract of employment for a CDD without a precise term.
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