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. Yet 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 requalification or labour court disputes. This article reviews the legal framework in force, the nuances according to the type of contract, and best practices to adopt, particularly when recruitment document management is digitalised 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 Labour Code, the trial period allows the employer to assess the employee's skills in their work, in particular with regard to their experience, and the employee to determine whether the duties undertaken suit them. It is not automatic: to be valid, it must be expressly stipulated in the engagement letter or employment contract. The absence of written mention deprives the employer of any ability to rely on it.

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

Optional nature and express stipulation

Contrary to common 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, 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 according to contract type

Maximum durations for permanent contracts (CDI)

For permanent contracts, article L.1221-21 of the Labour Code sets maximum durations according to occupational category:

• Workers and employees: 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 the legal ceilings, except for collective provisions prior to the law 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 contracts, article L.1242-10 of the Labour Code provides for a trial period calculated on the basis of one day per week, up to a limit of:

• 2 weeks for CDDs with a duration of 6 months or less

• 1 month for CDDs 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 under three cumulative conditions:

• The possibility of renewal must be expressly provided for by a sectoral agreement that has been declared generally binding ;

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

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

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

Rules for termination of the trial period

Termination at the employer's initiative

The employer may end the trial period without having to invoke or justify any particular reason — this is one of the fundamental attributes of the trial. 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, trade union membership or disability.

The employer must observe a notice period whose duration varies according to 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 observe this period gives the employee the right to compensation equal to the salary and benefits they would have received during the unserved notice period.

Termination at the employee's initiative

The employee has a symmetrical freedom: they can end the trial period as they wish, without justification. They must nevertheless observe a notice period of 24 hours (if less than 8 days of service) or 48 hours beyond that. These periods are the same whether it is a CDI or a CDD.

Pitfalls to avoid: nullity, abuse and requalification

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

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

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

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

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

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

Document management and digitalisation of recruitment contracts

Probative value of electronically signed contracts

Since the implementation of the eIDAS regulation into French law, an electronically signed employment contract has the same legal value as a paper contract, provided the signature complies with the requirements of article 1366 of the Civil Code. For a CDI or CDD with a trial period, simple electronic signature is sufficient in most cases; advanced or qualified signature is recommended for sensitive positions or where collective agreements impose enhanced formalities.

The comprehensive guide to electronic signature details the signature levels applicable according to 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 contract signature: an employee may claim to have signed after taking up the position, making the trial clause inopposable (case law considers that the trial period must be stipulated before or at the latest at the time of taking up duties). A time-stamped electronic signature system definitively resolves this issue by producing irrefutable evidence of the exact date and time of signature.

Legal archiving and retention period

Employment contracts must be retained for the duration of the contractual relationship and at least 5 years after termination of the contract, as regards the statute of limitations for salary claims under common law (art. L.3245-1 of the Labour Code). Compliant electronic signature platforms offer archiving with probative value that simplifies this obligation. To compare the 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 Labour Code, as amended by 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 arrangements.

Main reference texts:

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

• Art. L.1221-21: maximum durations according to occupational category (CDI)

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

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

• Art. L.1221-24: effect of trial period in case of succession of 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 salary claims

Anti-discrimination provisions: Any termination of trial period based on a discriminatory ground is null and void as a matter of law under article L.1132-1 of the Labour Code, which prohibits any distinction based on origin, sex, pregnancy, trade union membership, disability or any other protected criterion. The burden of proof is adjusted: 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 signed electronically, 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 the signature allows the identification of its author and guarantees the integrity of the document. Regulation eIDAS no. 910/2014 of the European Parliament and the Council, directly applicable in France, distinguishes three levels of signature (simple, advanced, qualified) and sets out the conditions for mutual recognition between Member States. 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 when electronically signing 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 processors and must sign a data processing agreement (DPA) in accordance with article 28 of the GDPR.

Concrete usage scenarios

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

An SME in the industrial sector employs approximately 150 employees and carries out an average of 40 recruitments per year, with a majority of 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 position before formally signing the contract, exposing the company to a risk of challenge to 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 takes up their position. The rate of disputes related to the trial period fell by 80% over the following two financial years, according to HR department estimates.

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

A consulting firm with 60 employees, with a large majority of managers, regularly renews its team of consultants. Managers benefit from a trial period of 4 months, 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 initial period expires. The employee signs online, their consent is time-stamped, and the document is archived with probative value. The processing time per file has fallen to less than 20 minutes, representing a saving of approximately 90% on this administrative task.

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

A hospital group of approximately 1,200 beds frequently recruits nurses and care assistants on fixed-term replacement contracts, often for periods of 1 to 3 months. For these contracts, the trial period is calculated at one day per week, which represents very short durations (sometimes only 1 to 2 weeks). The window for ending the trial period is therefore narrow, and the slightest delay in contract signature can render it almost inopposable.

By digitalising replacement contracts via an eIDAS-compliant solution, the group guarantees that each employee receives and signs their contract before their first shift — including in the case of replacements decided urgently at 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 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 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 — can expose the employer to requalification or significant employment tribunal condemnations.

The digitalisation of recruitment contracts via electronic signature is today the most robust response to these challenges: 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.