in short
In France, an executive's probation period on a permanent contract lasts a maximum of 4 months, renewable once if an extended branch agreement allows it, for a total capped at 8 months. Since 9 September 2023, these caps are mandatory: an agreement or contract can only set a shorter period, never a longer one.
how long is an executive's initial probation period in france?
The French Code du travail sets a maximum length by staff category, not a single length. For an executive on a permanent contract, the legal cap is 4 months (article L1221-19 (opens a new window)).
| category | maximum initial length |
|---|---|
| manual and clerical staff | 2 months |
| supervisors and technicians | 3 months |
| executives | 4 months |
can an executive's probation period be renewed?
Yes, but not automatically. Renewal is only possible if an extended branch agreement provides for it: that agreement sets the conditions and length of the renewal (article L1221-21 (opens a new window)). For an executive, the total length, renewal included, cannot exceed 8 months.
since when have the legal lengths been a mandatory cap?
Since 9 September 2023. Law no. 2023-171 of 9 March 2023, which transposes an EU directive on predictable working conditions, amended article L1221-22 (opens a new window): the lengths set by L1221-19 and L1221-21 are now mandatory, except for shorter lengths set by a collective agreement signed after the law of 25 June 2008 was published or by the employment contract itself.
Before this reform, a branch agreement signed before 26 June 2008 could set a longer length than the legal cap. That is no longer the case: if your collective agreement still provides for a length longer than 4 months (or 8 months with renewal) for an executive, the legal cap applies instead.
how do you end an executive's probation period, and with what notice?
Either party can end the probation period without giving a reason, but not without notice: the law sets a notice period, which differs depending on who is ending it.
| who ends it | time in the company | notice period |
|---|---|---|
| the employer | less than 8 days | 24 hours |
| the employer | between 8 days and 1 month | 48 hours |
| the employer | between 1 and 3 months | 2 weeks |
| the employer | more than 3 months | 1 month |
| the employee | less than 8 days | 24 hours |
| the employee | 8 days or more | 48 hours |
This notice period never extends the probation period beyond its maximum length. If the employer fails to give proper notice, the employee is entitled to compensation, unless they committed serious misconduct.
can a collective agreement extend an executive's probation period?
No, not since 9 September 2023: a collective agreement or the employment contract can only set a shorter length than the legal caps, never a longer one. Still check your own collective agreement: it may set a shorter length, specific renewal terms, or a notice period more favourable to the employee.
If the role you are hiring for also includes a non-compete clause, check it separately: its validity conditions have nothing to do with the probation period's rules.
These rules are current as of 9 October 2026. For a specific case (a contract already signed, a particular collective agreement, a disputed termination), have your situation checked by an employment lawyer.
frequently asked questions
Can an executive's probation period exceed 8 months?
No. Since 9 September 2023, 8 months is a mandatory cap, renewal included, that no collective agreement or contract can exceed.
Is renewal automatic if the contract says nothing?
No. Three conditions apply: an extended branch agreement allowing renewal, a clause in the employment contract providing for it, and the employee's express agreement during the initial period. Without any one of them, the probation period is not renewed.
Does sick leave extend the probation period?
As a general rule, yes: the probation period is suspended during the leave, then extended by a length equal to the absence. The employer cannot end the probation because of the illness itself.
What happens if the employer does not give proper notice?
The employee is entitled to compensation equal to the pay and benefits they would have received had they worked through the end of the notice period, unless they committed serious misconduct. The probation period itself is not extended by this.
Can a probation period be ended without any reason?
In principle yes, as either party is free to end it. The decision can still be challenged if its real reason is discriminatory or unrelated to assessing the employee's skills in the role.
sources
- Code du travail, article L1221-19 (Légifrance, in French) (opens a new window)
- Code du travail, article L1221-21 (Légifrance, in French) (opens a new window)
- Code du travail, article L1221-23 (Légifrance, in French) (opens a new window)
- Code du travail, article L1221-22 (Légifrance, in French) (opens a new window)
- Code du travail, article L1221-25 (Légifrance, in French) (opens a new window)
- Code du travail, article L1221-26 (Légifrance, in French) (opens a new window)