The French Supreme Court (cour de cassation) ruled that "the Court of Appeal noted, by a sovereign appreciation of the facts and evidence submitted for its examination, out any distortion, the renewal of the trial period (période d'essai) of the employee does not had not intended to assess his powers and had been diverted from his purpose, and thus legally justified his decision.”

This decision, although not published in the Bulletin of the Court of Cassation, deserves to be underlined since it can have serious consequences for companies that have the habit of automatically renewing the trial periods without being able to justify the need to additional time to assess the ability of the employee concerned to occupy the workstation for which he was hired.

An employee whose trial period has been improperly renewed before being terminated may in fact avail himself of this case law to claim all the indemnities due in the event of dismissal without real and serious cause (compensatory indemnity of notice, indemnity of dismissal, indemnity for dismissal without real and serious cause).

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Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

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