Renewing the trial period is possible only once if an industry-wide and the letter of appointment or employment contract expressly provided.
The employee's agreement on a renewal of the probationary period is required and must be express and unequivocal.
In a decision dated November 25, 2009, the Social Chamber of the Court of Cassation stated that the mere appearance of the employee's signature on a document prepared the employer does not signify agreement. The manifestation of clear and unequivocal commitment of the employee could "only be inferred from his signature on a document prepared by the employer."
Although in the past, the handwritten signature of the employee before his "Good for express consent to the renewal of the trial" has been accepted by the courts as an expression of character and unequivocally express renewal (Soc. 11 October 2000 No. 98-45170), I think, for my part, it is prudent for employers to formalize the renewal, not a single letter on which the employee would sign it and that wording but by an amendment to the employment contract, characterized only legal in my opinion the agreement of both parties.
Hervé ROCHE
Lawyer
The employee's agreement on a renewal of the probationary period is required and must be express and unequivocal.
In a decision dated November 25, 2009, the Social Chamber of the Court of Cassation stated that the mere appearance of the employee's signature on a document prepared the employer does not signify agreement. The manifestation of clear and unequivocal commitment of the employee could "only be inferred from his signature on a document prepared by the employer."
Although in the past, the handwritten signature of the employee before his "Good for express consent to the renewal of the trial" has been accepted by the courts as an expression of character and unequivocally express renewal (Soc. 11 October 2000 No. 98-45170), I think, for my part, it is prudent for employers to formalize the renewal, not a single letter on which the employee would sign it and that wording but by an amendment to the employment contract, characterized only legal in my opinion the agreement of both parties.
Hervé ROCHE
Lawyer
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