D3b1 - May the employment contract be terminated during the probationary period?

The probationary period is a trial period at the start of an employment contract during which the employer and the employee may rescind the employment contract rapidly and without compensation.

However, during the first 2 weeks of the probationary period, the employment contract, whether of a fixed term (CDD) or of indeterminate duration (CDI), cannot be cancelled without the consent of the other party.

This rule does not apply in the case of termination on serious grounds.

Nota Bene

If the employment contract is terminated unilaterally, with notice being given, during the first 2 weeks of the probationary period, the termination will be regarded as unfair and the other party will be entitled to damages.

If the employment contract is not terminated within a probationary period, it becomes a CDI or a CDD, depending on what was agreed between the parties.

It should be noted that, during a probationary period, there is no requirement of an interview prior to dismissal.

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