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Termination of a Trial Period and Notice Period

Termination of a Trial Period and Notice Period

A little over a month ago, we recruited an employee whose employment contract provides for a 2-month trial period. Not being satisfied with his work, we wish to terminate the trial period. Do we have to warn him in advance?

The employer who wishes to terminate an employee’s trial period must, in fact, respect a “notice period,” the duration of which varies according to how long the employee has in the company. As your employee has been with your company for more than a month but less than 3 months, you must, in the context of the termination of their trial period, respect a notice period of at least 2 weeks.

If you fail to comply with this notice period, you will have to pay them the amount of wages and benefits they would have received if they had worked until the expiry of this period. And be careful: even if the notice period has not completely expired, your employee must not come to work in your company after the last day of their trial period. Because at the end of the trial period, the employee who continues to come to work is considered to be hired on a permanent contract. In that case, the employment contract can only be terminated by dismissal, an approved contractual termination, or a resignation.

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