Article 2
of the draft bill introduces new duration for trial periods. It also determines
conditions and procedures relating to their renewal, and defines the modalities
for concluding such trial periods.
It provides
for maximal durations of the trial periods and deletes the minimal duration of
such trial periods.
It should
be noted that the trial period must be expressly stipulated in the employment
contract.
1) Duration
of the trial period
Pursuant to
Article L. 1221-19 of the French labour Code, an unlimited-term contract of
employment, can contain a trial period with a maximal duration of:
- 2
months for the workers and the employees;
- 3
months for the supervisors and the technicians;
- 4
months for executives (“cadres”).
2) Renewal
of the trial period
Such trial
period can be renewed only once it is expressly set forth in a sectoral
collective agreement. Therefore, the trial period, including its renewal,
cannot exceed:
- 4
months for the workers and the employees;
- 6
months for the supervisors;
- 8
months for executives (“cadres”).
3) Breach
of the trial period
If the
employer terminates the trial period, it must respect a notice period of at
least:
- 48
hours during the first month of presence;
- 2
weeks after a month of presence;
- 1
month after 3 months of presence.
If it is
the employee who terminates, such trial period, he/she must be respect a 48
hour notice period.
4) Articulation with
collective bargaining agreement concluded before and after the publication of
the new law (article L. 1221-21 of the French Labour Code)
4.1) Sectoral
collective bargaining agreement previous to the publication of the law:
Clauses
fixing shorter durations are valid until June
30th, 2009.
After this
date, if the staff representatives did not conclude a new agreement, periods planned
by the law will substitute themselves and repeal the initially fixed trial
periods.
But clauses
fixing longer durations for trial period, remain valid.
Remark: Such clauses
go against the principle of favour as in every case it is the longest trial
period that will apply to the employee.
These provisions
are also applicable to the renewal of the trial period
4.2) Sectoral
collective bargaining agreement posterior to the publication of the law:
The
collective bargaining agreement can fix shorter durations but it cannot plan
longer durations.
Remark: Of course, the contract of employment can set
forth a shorter trial period. The branch collective bargaining agreement can set
forth only shorter trial periods than those set forth by law.
Frédéric CHHUM / Diane BUISSON