D3a9 - May an employment contract of indeterminate duration (CDI) which is concluded following a fixed-term employment contract (CDD) with the same employer provide for a probationary period?

No.

Where, on the expiry of a fixed-term employment contract (CDD) the contractual employment relationship continues, the new contract may not provide for a probationary period.

The same applies if the new employment contract is concluded a fairly short time after the first one. The judge will decide case by case.

It is only if there has been an actual break-off of the contract, for example lasting several months/years, that the second employment contract may provide for a probationary period.


Also, in the case of a change of employer within the same group of companies (or economic and social entity), the new employment contract may not provide for a probationary period.

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