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 matches their expectations. Yet the rules governing it are often poorly understood or misapplied. Maximum duration, renewal conditions, notice periods in case of termination — each detail matters to avoid requalification or employment tribunal proceedings. This article reviews the legal framework in force, the nuances depending on the type of contract, and best practices to adopt, particularly when the management of recruitment documentation is dematerialised via electronic signature in the workplace.

What is a trial period and what is it for?

Legal definition and objectives

Under Article L.1221-20 of the French Employment Code, the trial period allows the employer to assess the employee's skills in their work, notably in relation to their experience, and allows the employee to assess whether the functions are suitable for them. It is not automatic: to be valid, it must be expressly stipulated in the employment 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 regimes.

Optional nature and express stipulation

Contrary to popular belief, the trial period is not an automatic legal rule: 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 not to exist, even if a collective agreement provides for it (Cass. soc., 10 July 2013, no. 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 depending on the type of contract

Maximum durations for permanent contracts (CDI)

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

• Workers and clerical staff: 2 months

• Supervisors 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 limits, except for collective agreement provisions dating before the law of 25 June 2008 and more favourable to employees.

Important: if a collective agreement provides for a shorter trial period, this shorter duration 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 Employment Code provides for a trial period calculated at the rate of one day per week, limited to:

• 2 weeks for CDD of a duration of 6 months or less

• 1 month for CDD of a duration exceeding 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 under three cumulative conditions:

• The possibility of renewal must be expressly provided for by a sectoral collective agreement with extended application;

• Renewal must be provided for in the initial employment contract;

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

The total duration (initial period + renewal) cannot exceed the following limits: 4 months for workers/clerical staff, 6 months for supervisors and technicians, 8 months for managers. These limits are of absolute public order: any contractual or collective agreement clause exceeding them is void of right.

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 Employment Code). The Court of Cassation has thus penalised terminations based on pregnancy, trade union membership or the employee's disability.

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

• Less than 8 days' presence: 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 entitles the employee to compensation equal to the wages and benefits they would have received during the notice period not served.

Termination at the employee's initiative

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

Pitfalls to avoid: invalidity, abuse and requalification

Several situations can weaken the termination or lead to its requalification as dismissal without real and serious cause:

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

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

• Discriminatory reason: the termination may be cancelled and may entitle the employee to damages.

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

For HR teams, dematerialisation of employment contracts via electronic signature for HR makes it possible to secure the signature date, to preserve time-stamped evidence and to ensure that all clauses — including the trial period — have been accepted by the employee before starting work.

Documentary management and dematerialisation of recruitment contracts

Probative value of electronically signed contracts

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

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

Time-stamping and proof of acceptance of the trial period

One of the most frequent disputes concerning the trial period relates precisely to the date of signature of the contract: an employee may claim to have signed after starting work, making the trial clause inopposable (case law considers that the trial period must be stipulated before or at the latest when starting work). A time-stamped electronic signature system definitively resolves this problem by producing conclusive evidence of the exact date and time of signature.

Legal archiving and retention period

Employment contracts must be retained for the entire duration of the contractual relationship and at least 5 years after termination of the contract, by virtue of the statute of limitations for wage claims (Art. L.3245-1 of the Employment Code). Compliant electronic signature platforms offer archiving with probative value that simplifies this obligation. To compare available solutions, the comparison of electronic signature solutions provides a structured overview.

Legal framework applicable to the trial period

The trial period is mainly governed by Articles L.1221-19 to L.1221-26 of the Employment Code, stemming from Law no. 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 agreement regimes.

Main reference texts:

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

• Art. L.1221-21: maximum durations by professional category (CDI)

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

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

• Art. L.1221-24: outcome of the trial period in the event 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 CDD

• Art. L.3245-1: five-year statute of limitations for wage claims

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

Electronic signature and probative value: When the employment contract is signed electronically, its legal value is secured by Articles 1366 and 1367 of the French Civil Code, which establish the principle of equivalence between electronic and paper writing, provided that the signature makes it possible to identify its author and guarantees the integrity of the document. Regulation eIDAS no. 910/2014 of the European Parliament and of the Council, directly applicable in France, distinguishes three levels of signature (simple, advanced, qualified) and establishes the conditions for mutual recognition between Member States. Standards ETSI EN 319 132 clarify the technical requirements applicable to advanced signatures in XAdES/PAdES format.

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

Concrete use scenarios

Scenario 1: an industrial SME managing dozens of recruitments per year

An industrial SME employs approximately 150 employees and carries out an average of 40 recruitments per year, mainly workers and technicians on permanent contracts. Until 2024, contracts were transmitted by post or handed over in person, which regularly generated delays of 3 to 5 days between the recruitment decision and the actual signing of the contract. In several cases, employees had started work before formally signing the contract, exposing the company to a risk of challenging 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. Automatic time-stamping of each signature now guarantees that the contract — including the trial period — is signed before the employee starts work. The rate of disputes related to the trial period fell by 80% over the next two financial years, according to HR department estimates.

Scenario 2: a management consulting firm with high manager turnover

A consulting firm with 60 employees, with a large majority of managers, regularly renews its team of consultants. Managers benefit from a 4-month trial period, renewable once under the applicable sectoral agreement, bringing the total duration to 8 months. Manual management of renewals — email reminders, collection of written agreements, filing of correspondence — mobilised approximately 2 hours per file 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 expiration of the initial period. The employee signs online, their consent is time-stamped, and the document is archived with probative value. Processing time per file has fallen to less than 20 minutes, a saving of approximately 90% on this administrative task.

Scenario 3: a group of healthcare facilities managing replacement fixed-term contracts

A hospital group with 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 the slightest delay in signing the contract may render it almost inopposable.

By dematerialising replacement contracts via an eIDAS-compliant solution, the group ensures that each employee receives and signs their contract before the first shift — including for replacements decided urgently at the weekend. 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 risk 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, legal and collective agreement durations, notice periods in case of termination. The slightest irregularity — contract signed after starting work, renewal without express consent, termination based on a discriminatory criterion — may expose the employer to requalification or significant employment tribunal penalties.

Dematerialisation of recruitment contracts via electronic signature is today the most robust response to these issues: it guarantees time-stamping 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.