© - ATH all rights reserved - Edition 2024 29 2024 EMPLOYER’S GUIDE RENEWAL The probation period can be renewed once provided that this option is stipulated by an extended sector agreement setting the terms and lengths of renewal, and by the employment contract. The length of the probation period, including renewals, cannot exceed : • 4 months for manual workers and office employees, • 6 months for supervisors and technicians, • 8 months for managers. The employee must agree to the renewal of his/her probation period. Such agreement must be provided in writing, clearly and unequivocally, during the initial period. The length of the probation period must be reasonable given the nature of the role concerned. Renewal of the probation period must not be decided on the signature of the employment contract. END OF PROBATION PERIOD If neither of the parties has expressed the wish to terminate the probation period, the appointment becomes final and the employment contract continues with no further formality. The employment contract cannot end simply due to the expiry of the probation period or in the event of the employee's refusal to extend it. TERMINATION OF PROBATION PERIOD The employee and the employer are free to terminate the employment contract during the probation period, without the need to justify such termination and with no compensation being payable other than paid holidays (unless stated otherwise by a collective agreement). However, a notice period must be observed. When the probation period is terminated by the employer, the notice period cannot be less than below (except where there are more favourable provisions for the employee) : • 24 hours for less than 8 days service, • 48 hours for between 8 days and 1 month’s service, • 2 weeks for over 1 month’s service, • 1 month for over 3 months’ service. The probation period, including renewal, cannot be extended by the length of the notice period. If the employee terminates the probation period, he/she must provide 48 hours’ notice. This is reduced to 24 hours if the employee has been with the company for less than 8 days. For evidence reasons, the termination of the probation period must be notified by registered letter with return receipt or letter delivered by hand with receipt. Since the probation period is intended to allow the employer to assess the employee's performance, termination based on considerations not inherent in the employee him/herself is deemed unfair termination. Termination of the probation period based on discriminatory grounds is invalid (illness, maternity and so on). The employee must be informed of the termination of the probation period sufficiently in advance so the notice period can be observed. Failing this, the employee shall be entitled to payment in lieu. In the event of unfair termination of the probation period, damages may be paid. If the termination is deemed invalid, the employee is re-employed.
RkJQdWJsaXNoZXIy MjQ1OTI5OA==