The trial period, often perceived as advantageous for the employer, is in fact a practical way to give both parties a chance to ensure their future (good) collaboration. It is a period during which both parties will assess skills and well-being and then decide whether to continue working together. Until the trial period is validated, the job is still in the "test" phase. Depending on the sector, the rules surrounding the duration and termination of a trial period vary. The conditions will also vary depending on the nature of your contract: fixed-term or permanent. What about the HCR sector?
🚦 Trial period and HCR collective agreement
Note that since the Labor Law in 2008, the trial period durations specified by the IDCC 1979 collective agreement are no longer applicable. Companies in this industry must refer to the law.
The trial period, not mandatory
The trial period is not mandatory. However, if it is included in the contract or letter of engagement, both the employee and the employer must respect it. In many sectors, although it is not mandatory, it is very rarely absent. Indeed, it is a good way to assess an employee's skills and minimize the risk of disappointment following a hiring.
In the restaurant and hotel industries, it may be a little more common to avoid the trial period, so as to be able to keep the employee a little longer. Some positions do not require ongoing training, so it is quite easy to find employees who have already completed it and are therefore 100% operational.
Lengths of trial periods according to contracts
As stated above, the durations previously established by the HCR collective agreement have been replaced by those of the labor code. Thus, they are longer than they were previously.
Let's take a look at the rules by type of contract:
1/ Trial period & Permanent Contract
👉 As an employee:
- Level I step 1: 1 month (no renewal possible)
- Other employees: 1 month with the possibility of renewing once
👉 As a supervisor: 2 months with the possibility of renewing once
👉 As a manager: 3 months with the possibility of renewing once
👉 As a senior manager: duration set by agreement between the employer and the employee
💡 Please note: this trial period is renewable once, and it will never exceed (including renewal) 8 months for managers, 6 months for agents and technicians and 4 months for employees and workers.
Just as the initial trial period must be indicated on the contract or letter of engagement, a renewal of this period must also be mentioned if it is planned in advance. If the employer decides to implement it after the employee has started work - therefore during the initial trial period - this must be noted and signed in writing.
2/ Trial period & Fixed-term contract
In the case of a fixed-term contract in HCR:
👉 If it is a fixed-term contract of less than 6 months: the period is calculated at one day per week (up to a maximum of two weeks)
👉 If it is a fixed-term contract of more than 6 months, we will note that it cannot exceed 1 month.
💡 Please note: To count the trial period, we will always start on the employee's first day of work and end their last day at midnight. This is not negotiable! Regardless of how the trial period is calculated, it will be necessary to count the calendar year and thus count the days of the week, without eliminating public holidays and days off.
Termination of a trial period
The employee and the employer are both free to terminate a trial period or its renewal. This is the advantage of the trial period: it does not entail the same consequences and justifications as a dismissal; the person can separate from the employee or the employee can decide to leave, with a defined minimum notice period, without necessarily having to justify their reason for termination.
In general, the news will be formalized via a written document: a registered letter with acknowledgment of receipt. The employer can then send the employee their final settlement so that they can leave the company in good standing and be paid for the days worked.
How much is this minimum notice period in HCR?
We will review the different possibilities, depending on the number of hours worked by the employee in the company, if the employer wishes to break the trial period:
👉 Working time less than 8 days: 24 hours' notice
👉 Working time between 8 days and 1 month: 48 hours' notice
👉 Working time between 1 month and 3 months: 2 weeks' notice
👉 Working time of more than 3 months: 1 month's notice
💡 Please note: if the notice periods are not respected, compensation will be payable.
If the employee wishes to terminate their trial period, the deadlines will be as follows:
👉 Working time of less than 8 days: 24 hours' notice
👉 Working time of more than 8 days: 48 hours' notice thoughtfulness
In short: The trial period, although not mandatory, is a good way to assess your employee's skills over a set period. However, you must respect the rules in force and not abuse them, otherwise you risk having to pay compensation.
