Principle
If the parties agree to include a probationary period in the employment contract, the latter may not be shorter than 2 weeks or longer than 6 months.
Exceptions to the maximum duration of the probationary period
A maximum probationary period of 3 months
The probationary period may not exceed 3 months if the level of the employee’s vocational training is lower than that of the Technical and Vocational Aptitude Certificate (CATP) covered by technical education. Thus, if an employer who engages an employee wishes to impose a probationary period, he/it must obtain information on the employee’s training in order to set the length of the probationary period.
A maximum probationary period of 12 months
The probationary period may last up to 12 months where the gross monthly salary provided for in the employment contract exceeds or is equal to € 5.188,69 index 968,04 (that is to say, € 536 with an index of 100).
| General rule training < CATP | General rule training ≥ CATP | starting remuneration ≥ 5.188.69€ (indice 968,04) |
|---|---|---|
2 weeks (minimum) |
2 weeks (minimum) |
2 weeks (minimum) |
3 weeks |
3 weeks |
3 weeks |
4 weeks |
4 weeks |
4 weeks |
2 months |
2 months |
2 months |
3 months (maximum) |
3 months |
3 months |
4 months |
4 months |
|
5 months |
5 months |
|
6 months (maximum) |
6 months |
|
7 months |
||
8 months |
||
9 months |
||
10 months |
||
11 months |
||
12 months (maximum) |
Additional rule for fixed-term contracts regarding the maximum length of the probationary period
A fixed-term employment contract may also include a probationary period.
In addition to the preceding rules, any probationary period possibly agreed between the parties of a fixed-term employment contract may not be more than one quarter of the duration fixed in the fixed-term contract or of the minimum duration for which the fixed-term contract was concluded.
Examples of application can be found within the FAQ D1b13 , and a table showing the maximum length of the probationary period based on the length of the fixed-term contract under this rule is available below this FAQ.
Nota Bene
If the probationary period provided for in the contract exceeds the maximum limits, the probationary period is not void in its entirety but is void only as regards the period by which it exceeds the legal maximum.