What is a probationary period for the employee?
Verified 20 February 2026 - Public Service / (Prime Minister)
A period called probationary may be set up if the employee is required to occupy a new position working in the company.
The probationary period allows the employer to assess the capacity from employee to exercise its new functions.
The probationary period also allows the employee to read his skills in its new assignments.
The probationary period is not the subject a legal definition. She's not not defined by the labor code. But some treaty provisions may allow or prohibit the employer to impose a probationary period on an employee who changes positions.
The probationary period may be authorized or prohibited:
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The probationary period is allowed
Implementation of the probationary period
If contractual provisions provide for the establishment of a probationary period, this period must be provided for in the employee's initial employment contract.
The employment contract may provide, for example, for the duration of the probationary period, its possible renewal and the conditions for termination of that period.
In the event of a probationary period, a endorsement the initial contract of the employee must be established.
At the end of the probationary period, the employee is assigned to his new position.
Warning
The probationary period should not be confused with the trial period.
Interruption of the probationary period
The probationary period may be interrupted by the employer if it considers that the employee is not satisfactory in his new duties.
The probationary period may also be interrupted by the employee if he is not satisfied with his new position.
There is no so-called thoughtfulness to end the probationary period.
To avoid any dispute, it is advisable to formalize the end of the probationary period, by letter with RAR: titleContent or e-mail for example.
The termination of the probationary period has the effect of returning the employee to his previous duties.
Unlike the probationary period, the termination of the probationary period does not lead to the termination of the employment contract.
The termination of the probationary period cannot be a valid ground for dismissal.
Warning
One protected employee cannot be replaced automatically by the employer in his previous duties. The agreement of the employee is protected mandatory. In the absence of agreement of the protected employee, the employer must:
- Either keep the protected employee on his new position
- Either refer the protected employee to the labor inspector for an administrative authorization to dismiss him.
The probationary period is prohibited
In this case, the employer cannot impose a probationary period on the occasion of the employee's change of position.
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