Trial Period in France
The trial period allows the employer to evaluate the skills of the employee in his new position, notably regarding to his experience, the trial period has a double objective:
For the employer: the supervisor carefully considers whether the employee is able to meet the standards and expectations of the job
For the employee: Make sure that the job fit with his expectation and that it in his area of expertise. It’s therefore the first step of the contract of employment.
Let’s now focus on the four elements of the trial period in France:
1. The trial period is not compulsory it’s just a possibility in favour of the 2 parties.
2. To be admit the ...view middle of the document...
Extension of the trial period
In France the trial period can be renew once by the employer, but it has to be provide in the contract and framed by the professional convention signed by the company.
The total duration of the extension and the initial trial period cannot exceed:
4 months for worked and employee, 6 months for technicians and 8 months for executives.
After the end of this probation the employee must be take on.
In case of contention, the judge can determine if the duration of the trial period was reasonable or considerate as abusive depending of the position of the employee.
The trial period should not be confused with an internship. It is remunerate based on the salary providing in the contract.
Trial Period in the State of New York
The purpose of this probation period is exactly the same described through introduction, in United states the job seekers who willing to accept probationary employment are often recent graduates, career changers or those trying to get into a particular company. They typically view probation as better than nothing given the current labor market.
The first difference between the French system is about the length of this period as it the case in France each group have a special treatment:
Administrative and Professional Staff and Professional Research Staff (below level of director or equivalent): the probationary period is six month from the date of hire.
Office and Clerical or Laboratory and Technical Staff: the maximum length is 3 months from the date of hire.
Service Staff: it depend of the collective agreement, it mean that it can change according to the field of business.
The probationary term required for most original permanent appointments is not less than 26 or more than 52 weeks. The rules provide that the probationary term continues to the maximum limit, unless the appointing authority gives written notice to the probationer that the probationary term has been successfully completed. If the probationer's service is not satisfactory, employment may be terminated at any time after eight weeks and before the completion of the maximum period.
Whereas in France it can be terminated at any time without any limit of time, the French system seem to be more flexible.
Furthermore Under the New York State labor law If a full-time temporary employee becomes a full-time regular employee in the same position for which he or she was originally hired, the time worked as a temporary employee is credited toward the completion of the probationary period.
The supervisor also has the opportunity in some special circumstances a to extend this probationary period if he needs more time to evaluate the employee.
Contrary to France which this extension is part of the contract it must be requested at least one week in advance of the end of the probationary period and all extensions need to be approved by the Deputy Director of Talent,...