Everything depends on the duration of the assignments completed with the employer during the year preceding recruitment under a CDI.
In fact, where a user company recruits a temporary employee, the duration of the assignments completed during the year preceding recruitment is taken into account to calculate the employee’s seniority in the company and, if appropriate, is deducted from any probationary period that may be provided for.
Thus, if the duration of the assignments completed with the employer during the year (12 months) preceding recruitment under a CDI exceeds the maximum duration of the legally authorised probationary period, a probationary period cannot be provided for in the CDI.
On the other hand, if the duration of the assignments completed with the employer during the year preceding recruitment under a CDI does not exceed the maximum duration of the legally authorised probationary period, a probationary period may be validly provided for. It will then be necessary to reduce the probationary period by the duration of the assignments completed during the previous year.
Example
If the duration of the assignments completed with the employer during the year preceding recruitment under a CDI:
- is ≥ the maximum duration of the legally authorised probationary period: probationary clause void
- is < the maximum legally authorised duration of the probationary period: the authorised probationary period ≤ the legal probationary period – duration of the assignments completed with the employer during the year preceding recruitment.