D3b3 - What period of notice must be observed in the event of termination during the probationary period?

The period of notice in the event of termination during the probationary period is calculated by reference to the duration of the probationary period provided for in the employment contract or by the applicable collective agreement.

The periods of notice are the same for both parties, that is to say in the event of dismissal by the employer or in the case of resignation by the employee.

The notice period may not be less than:

  • as many days as there are weeks in the probationary period agreed in the employment contract;
  • 4 days per month of probation agreed in the contract, but no shorter than 15 days and no longer than one month.
Duration of the probationary period and notice period to be observed
Duration of probationary period Period of notice to be observed

2 weeks

termination impossible, except where there is serious misconduct

3 weeks

3 days

4 weeks

4 days

1 month

15 days

2 months

15 days

3 months

15 days

4 months

16 days

5 months

20 days

6 months

24 days

7 months

28 days

8 to 12 months

1 month

 

Nota Bene

The notice period comprises calendar days and not working days.

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