ARTICLE
15 May 2025

Trial Period Defined As Mutual Assessment Phase Under French Labor Code

According to Article L.1221-20 of the French Labor Code, the trial period allows the employer to assess the employee's skills in the job, particularly in light of their experience, and the employee to determine whether the position suits them.
France Employment and HR

Figure: +8.7% – This is the increase in the number of job seekers in Category A (unemployed individuals required to actively search for work) in the first quarter of 2025 in France (excluding Mayotte), compared to +4.0% in the previous quarter.
Statistics published by France Travail and DARES (Directorate for Research, Studies and Statistics), on April 28, 2025, show a sharp rise, largely due to the automatic registration of certain groups, such as RSA (Active Solidarity Income) recipients and young people in training programs (CEJ, Pacea, AIJ), following the implementation of the Full Employment Act.
However, this rise does not reflect the actual state of the labor market. In fact, when adjusting to the effects of these new registrations, the actual increase in Category A is only 0.8%.

Please Note :

  • As of July 1, 2025, the use of the new secure CERFA form will become mandatory for submitting any sick leave notice in paper format. The Health Insurance authority has stated that all other formats will be systematically rejected. By incorporating seven authentication features such as a holographic label and magnetic ink, this new form aims to reduce the falsification of sick leave documents. (Ameli News, April 22, 2025)
  • The decrees concerning the occupational accident and disease risk rating (non-agricultural sector) for the year 2025 have been published in the Official Journal on April 30, 2025!

The Court has Ruled:

Same job, new status: Is a probationary period still valid?
According to Article L.1221-20 of the French Labor Code, the trial period allows the employer to assess the employee's skills in the job, particularly in light of their experience, and the employee to determine whether the position suits them.
In this case, a sales agent had previously worked with a company as an independent contractor. Later, the parties signed an employment contract for a sales consultant position, which included a two-month trial period.
The employee brought the case to labor court, arguing that the trial period should be annulled, since she had already performed the same duties as a self-employed worker before signing the contract.
The Court of Cassation ruled that lower courts must determine "whether the employer had already had the opportunity to assess the employee's professional abilities during the previous work relationship, regardless of its legal form."
Thus, the Court deems the legal status of the prior working relationship as secondary, highlighting that the expectations from an independent contractor are not necessarily the same as for an employee.
Cass. soc. April 29, 2025, no. 23-22.389

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More