Trial Period: Legal Duration and Termination

The trial period is an unavoidable phase of the employment relationship: it allows the employer to assess the employee's skills, and the employee to verify that the position meets their expectations. However, the rules governing it are often poorly understood or misapplied. Maximum duration, renewal conditions, notice periods in case of termination — every detail matters to avoid a reclassification or an employment tribunal dispute. This article reviews the current legal framework, the nuances depending on the type of contract, and best practices to adopt, especially when the recruitment documentation management is digitalised via electronic signatures in business.

What is the trial period and what is it used for?

Legal definition and objectives

Under Article L.1221-20 of the Labour Code, the trial period allows the employer to assess the employee's skills in their work, particularly in relation to their experience, and the employee to determine whether the functions are suited to them. It is not automatic: to be valid, it must be expressly stipulated in the offer letter or employment contract. The absence of written mention deprives the employer of any possibility of relying on it.

The trial period applies to both permanent contracts (CDI) and fixed-term contracts (CDD), but its rules differ significantly depending on the type of contract. It is also provided for in apprenticeship contracts and certain professional development contracts, with specific arrangements.

Optional nature and express stipulation

Contrary to popular belief, the trial period is not a legal automatism: it results from an agreement between the parties, formalised in writing. The case law of the Court of Cassation is consistent on this point: a trial period not mentioned in the contract is deemed non-existent, even if a collective agreement provides for it (Cass. soc., 10 July 2013, n°12-16.659). The employment contract must therefore specify its duration and, where applicable, the conditions for its renewal.

Legal duration of the trial period according to the type of contract

Maximum durations for permanent contracts (CDI)

For permanent employment contracts, Article L.1221-21 of the Labour Code sets maximum durations depending on the professional category:

• Manual workers and employees: 2 months

• Supervisory staff and technicians: 3 months

• Managers: 4 months

These durations may be reduced by collective agreement or by the contract itself, but cannot be extended beyond these statutory caps, except for collective agreements predating the Act of 25 June 2008 and more favourable to employees.

Important: if a collective agreement provides for a shorter trial period, it is this duration that applies, in accordance with the principle of favourability.

Maximum durations for fixed-term contracts (CDD)

For fixed-term employment contracts, Article L.1242-10 of the Labour Code provides a trial period calculated at the rate of one day per week, up to a maximum of:

• 2 weeks for fixed-term contracts with a duration of 6 months or less

• 1 month for fixed-term contracts with a duration of more than 6 months

Again, the applicable collective agreement may provide for different durations, provided they are more favourable to the employee.

Special case: renewal of the trial period

Renewal of the trial period is only possible if three cumulative conditions are met:

• The possibility of renewal must be expressly provided by a sector-wide collective agreement;

• The renewal must be provided for in the initial employment contract;

• The employee must give their express agreement at the time of renewal — implied or presumed agreement is insufficient.

The total duration (initial period + renewal) cannot exceed the following caps: 4 months for manual workers/employees, 6 months for supervisory staff and technicians, 8 months for managers. These limits are matters of absolute public policy: any contractual or collective agreement clause exceeding them is null and void.

Rules for terminating the trial period

Termination at the employer's initiative

The employer may terminate the trial period without having to invoke or justify any particular reason — this is one of the fundamental attributes of the trial period. However, the termination must not be abusive or discriminatory (art. L.1132-1 of the Labour Code). The Court of Cassation has thus sanctioned terminations based on pregnancy, union membership or the employee's disability.

The employer must observe a notice period whose duration varies depending on the employee's length of service in the company (art. L.1221-25):

• Less than 8 days of service: 24 hours

• Between 8 days and 1 month: 48 hours

• Between 1 and 3 months: 2 weeks

• More than 3 months: 1 month

Failure to comply with this period gives the employee the right to an indemnity equal to the wages and benefits they would have received during the unobserved notice period.

Termination at the employee's initiative

The employee enjoys symmetrical freedom: they may terminate the trial period at any time, without justification. They must nevertheless observe a notice period of 24 hours (if less than 8 days of service) or 48 hours thereafter. These periods are the same whether it is a permanent contract or a fixed-term contract.

Pitfalls to avoid: nullity, abuse and reclassification

Several situations can jeopardise termination or lead to its reclassification as dismissal without real and serious cause:

• Termination after expiry of the trial period: if the employer allows the employee to work beyond the deadline without terminating or confirming employment, the employment relationship is consolidated and only a dismissal procedure is possible.

• Non-compliance with the notice period: the termination remains valid but exposes the employer to an indemnity.

• Discriminatory reason: the termination may be annulled and give rise to damages.

• Absence of written mention: as noted above, a trial period not stipulated is null.

For HR teams, the digitalisation of employment contracts via electronic signatures for HR makes it possible to secure the signature date, to retain timestamped evidence and to ensure that all clauses — including the trial period — have been accepted by the employee before taking up the position.

Documentary management and digitalisation of recruitment contracts

Probative value of electronically signed contracts

Since the transposition of the eIDAS Regulation into French law, an electronically signed employment contract has the same legal value as a paper contract, provided that the signature complies with the requirements of Article 1366 of the Civil Code. For a permanent contract or fixed-term contract including a trial period, a simple electronic signature is sufficient in most cases; an advanced or qualified signature is recommended for senior positions or where collective agreements impose enhanced formalities.

The comprehensive guide to electronic signatures details the signature levels applicable depending on the types of HR documents.

Timestamping and proof of acceptance of the trial period

One of the most frequent disputes regarding the trial period concerns precisely the date of signature of the contract: an employee may claim to have signed after taking up their position, making the trial clause inoperable (case law considers that the trial period must be stipulated before or at the latest at the time of taking up the position). A timestamped electronic signature system definitively settles this issue by producing irrefutable proof of the exact date and time of signature.

Legal archiving and retention period

Employment contracts must be kept for the entire duration of the contractual relationship and for at least 5 years after termination of the contract, under the general limitation period for wage claims (art. L.3245-1 of the Labour Code). Electronic signature platforms in compliance offer timestamped archiving that simplifies this obligation. To compare the available solutions, the comparison of electronic signature solutions offers a structured overview.

Legal framework applicable to the trial period

The trial period is principally governed by Articles L.1221-19 to L.1221-26 of the Labour Code, which stem from Act n°2008-596 of 25 June 2008 on the modernisation of the labour market. These provisions established a unified legal framework, ending the disparity of previous collective bargaining arrangements.

Main reference texts:

• Art. L.1221-20: definition and purpose of the trial period

• Art. L.1221-21: maximum durations according to professional category (permanent contracts)

• Art. L.1221-22: applicable collective bargaining provisions

• Art. L.1221-23: conditions for renewal

• Art. L.1221-24: effect of the trial period in the case of successive contracts

• Art. L.1221-25: notice periods in case of termination by the employer

• Art. L.1221-26: notice periods in case of termination by the employee

• Art. L.1242-10: trial period in fixed-term contracts

• Art. L.3245-1: five-year limitation period for wage claims

Anti-discrimination provisions: Any termination of a trial period based on a discriminatory ground is null and void under Article L.1132-1 of the Labour Code, which prohibits any distinction based on origin, sex, pregnancy, union membership, disability or any other protected criterion. The burden of proof is modulated: the employee must present factual elements suggesting discrimination, and it is then for the employer to prove that the termination is based on objective elements unrelated to any discrimination.

Electronic signature and probative value: Where the employment contract is electronically signed, its legal value is assured by Articles 1366 and 1367 of the Civil Code, which establish the principle of equivalence between electronic and paper writing, provided that the signature allows identification of its author and guarantees the integrity of the document. The eIDAS Regulation No 910/2014 of the European Parliament and the Council, directly applicable in France, distinguishes three levels of signature (simple, advanced, qualified) and sets the technical conditions for mutual recognition between Member States. The standards ETSI EN 319 132 specify the technical requirements applicable to advanced signatures in XAdES/PAdES format.

GDPR and personal data: The processing of the employee's personal data at the time of electronic signature of the contract is subject to Regulation (EU) 2016/679 (GDPR). The employer, as data controller, must inform the employee of the purposes of processing, the duration of data retention and their rights (access, rectification, erasure). Electronic signature service providers act as data processors and must sign a data processing agreement (DPA) compliant with Article 28 of the GDPR.

Practical use scenarios

Scenario 1: an industrial SME managing several dozen recruitments per year

An SME in the industrial sector employs approximately 150 employees and conducts an average of 40 recruitments per year, the majority of which are manual workers and technicians on permanent contracts. Until 2024, contracts were sent by post or handed over in person, which regularly generated delays of 3 to 5 days between the recruitment decision and the actual signature of the contract. In several cases, employees had taken up their posts before formally signing the contract, exposing the company to a risk of contesting the trial period clause.

By deploying an electronic signature solution for its recruitment contracts, the SME reduced this delay to less than 4 hours on average. The automatic timestamping of each signature now guarantees that the contract — including the trial period — is signed before taking up the position. The rate of disputes related to the trial period fell by 80% over the following two fiscal years, according to estimates by the HR department.

Scenario 2: a management consulting firm with high turnover of managers

A consulting firm with 60 employees, the majority of whom are managers, regularly refreshes its team of consultants. Managers benefit from a 4-month trial period, renewable once under the applicable sector-wide agreement, bringing the total duration to 8 months. Manual management of renewals — follow-up by e-mail, collection of written agreements, archiving of correspondence — mobilised approximately 2 hours per case for the HR assistant.

Since adopting an electronic signature platform integrated with its HRIS, the firm automatically sends the renewal amendment 15 days before the expiry of the initial period. The employee signs online, their consent is timestamped, and the document is archived with probative value. Processing time per case has fallen to less than 20 minutes, representing a gain of approximately 90% on this administrative task.

Scenario 3: a network of health care facilities managing replacement fixed-term contracts

A hospital network of approximately 1,200 beds frequently recruits nurses and nursing assistants on fixed-term replacement contracts, often for durations of 1 to 3 months. For these contracts, the trial period is calculated at the rate of one day per week, representing very short durations (sometimes only 1 to 2 weeks). The window for terminating the trial period is therefore narrow, and even the slightest delay in contract signature may render it virtually inoperable.

By digitalising replacement contracts via an eIDAS-compliant solution, the network guarantees that each employee receives and signs their contract before the first work shift — even in cases of replacement decided urgently over the weekend. The average signature time has fallen from 2 days to less than 45 minutes. This documentary reliability has made it possible to secure the management of trial period terminations and reduce the risks of disputes before the employment tribunal.

Conclusion

The trial period is a valuable legal tool for securing the beginning of an employment relationship, but its effectiveness depends entirely on compliance with formal rules: express stipulation in the contract, statutory and contractual durations, notice periods in case of termination. Even the slightest irregularity — contract signed after taking up the position, renewal without express agreement, termination motivated by a discriminatory criterion — may expose the employer to reclassification or significant employment tribunal condemnations.

The digitalisation of recruitment contracts via electronic signature is today the most robust response to these challenges: it guarantees the timestamping of the signature, secures proof of acceptance of the trial clause and facilitates legal archiving of documents. Certyneo supports you in bringing your HR processes into compliance. Discover our offers and start your free trial on Certyneo.