Every day Le Parisien is mobilized to answer your questions about the coronavirus. Today, a question from Virginie: “I am on a trial period and worry about the situation. Can my employer end it because of the epidemic? "
The question comes up regularly in this economically uncertain period, with recourse to short-time working in particular. But, no, an employer cannot end a trial period for reasons related, directly or indirectly, to the current health crisis.
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Let us recall the principle of the trial period: it is useful for the employer to "assess the skills of the employee" and for the employee to "assess whether the functions occupied suit him", specifies the Ministry of Labor. This trial period varies from two to four months depending on his position (employee, master's technician or manager) and can be renewed.
Economic hardship is not a valid reason
Above all, it is useful for the employer and the employee who can end it at any time and without obligation to justify the decision. However, as Me Virginie Langlet, a lawyer in labor law: : in no case can the rupture be decided for another reason ”.
"In conclusion, the state of health crisis, nor the confinement linked to the coronavirus, cannot justify the end of the trial period," asserts Mr. Langlet. The pretext of the state of health crisis, or even of the economic difficulties of the company which result from this are not a valid reason for breaking the trial period ”.
In the event of suspicion of abuse, the employee has the possibility of contesting the decision with the industrial tribunal. However, he will have to present evidence against his employer.
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