Lexique RH

Probationary Period: Definition and HR Best Practices

Probationary period: definition, legal durations by contract type, renewal, termination and best practices for effectively evaluating new hires.

Probationary Period: Definition and HR Best Practices

Sommaire

8 months
Max probation duration (executive contracts)
4 months
Max probation duration (non-executives)
90 %
Failures linked to soft skills
−30 %
Turnover reduction with structured follow-up

Definition

The probationary period is an initial phase of an employment contract during which both employer and employee can mutually evaluate the relevance of their collaboration. Its duration is governed by law: 2 to 4 months depending on contract type and professional category, renewable once.

Legal durations by contract type

Legal probationary period durations

Contract typeCategoryInitial durationMaximum duration (with renewal)
Permanent contractExecutives4 months8 months
Permanent contractNon-executives / Employees2 months4 months
Permanent contractSupervisory staff2–3 months (per agreement)4–6 months
Fixed-term ≤ 6 monthsAllMax 2 weeksNon-renewable
Fixed-term > 6 monthsAllMax 1 monthNon-renewable
Temporary workAll2 days/weekWithin contract limits

Probationary period renewal

The probationary period may be renewed once only, with the employee's written agreement. This renewal must be stated in the contract or the subject of a signed amendment. The employee must be informed at least 2 weeks before the end of the initial period.

Renewal can never be imposed unilaterally by the employer. Any renewal not documented or of which the employee was not clearly informed could be annulled by the courts.

Termination of probationary period

Termination by employer vs termination by employee

CritèreEmployer terminationEmployee termination
FreedomFree, no cause requiredFree, no justification needed
NoticeLegal notice period varies with seniority48 hours (< 8 days) to 2 weeks
CompensationNo statutory compensationNo compensation
LimitsDiscriminatory grounds prohibitedNo particular limits
DocumentationRecommended (dispute prevention)Optional

Illegal grounds for termination

Termination on discriminatory grounds (sex, age, origin, health status…), reprisals or harassment is strictly prohibited and may result in substantial damages. Always document the objective reasons justifying termination.

Best practices for optimal management

  1. 1

    Transparent communication from the start

    Clearly present the probationary period during onboarding. Clarify expected objectives, evaluation criteria and key deadlines.

  2. 2

    Structured regular follow-up

    Schedule weekly check-ins in the first month, then monthly. Use standardised evaluation sheets to ensure fairness.

  3. 3

    Objective documentation

    Keep written records of all evaluations, feedback and progress points. This documentation is crucial in case of dispute.

  4. 4

    Adapt the support provided

    The probationary period should not be abandoned. Assign a mentor, arrange training and ensure gradual integration.

  5. 5

    Anticipate decisions and comply with legal deadlines

    Communicate your decision (confirmation, renewal or termination) at least one week before expiry to avoid delays.

Probationary period follow-up checklist

  • Clear objectives defined from day 1

    Measurable and communicated in writing

  • Weekly check-in scheduled (month 1)

    Blocked off in advance

  • Evaluation grid used

    Same grid for all similar profiles

  • Written feedback documented

    Kept in personnel file

  • Mentor/mentor assigned

    Identified from day one

  • Decision communicated on schedule

    At least 1 week before expiry

0/6 effectué(s)0%

Frequently asked questions about the probationary period

Must the probationary period necessarily be stated in the contract?
Yes, the probationary period must be stated in the employment contract before signature. Its absence from the contract nullifies the probationary period entirely: the employee is then deemed to be permanently employed from day one. It is therefore essential never to omit this clause.
Can the employer terminate the probationary period without giving grounds?
Legally, yes: termination during probation does not require just and serious cause as dismissal does. However, the employer cannot act on discriminatory grounds (sex, age, origin, pregnancy, union activity…). It is strongly advised to document objective reasons to protect against any challenges.
What happens if the probationary period is extended without employee agreement?
A renewal without employee written agreement is void. If the employer keeps the employee on after the initial period without obtaining this agreement, the contract is deemed confirmed automatically. The employee then has all the protections of a confirmed permanent contract.
Does illness suspend the probationary period?
Yes, according to case law, illness or accident (notably a workplace accident) suspend the probationary period. Days absent do not count towards the duration. The probationary period resumes at the end of sick leave and is extended accordingly. This rule also applies to maternity and paternity leave.
Can you impose a new probationary period on an already employed employee?
No, in the case of internal transfer or change of role, no new probationary period can be imposed if the employee already held a permanent contract with the company. A contract clause may provide for a probation period for a new role, but it must be expressly accepted by the employee and does not benefit from the same legal rules.

Structure your probationary period management with Aurelia

Evaluation templates, automatic reminders, centralised documentation: manage all your probationary periods without risk of legal non-compliance.

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