The notice period refers to the minimum period that must separate the notification of a decision from its effective date. In French labor law, this obligation mainly applies when terminating a probationary period, but also in other situations such as changing a schedule. Its calculation is based on specific rules that vary depending on the context, the type of contract, and the employee’s seniority in the company.
Calendar days or working days: the confusion that generates disputes
Most guides on the notice period omit a fundamental distinction. When the notice period concerns the termination of a probationary period, the count is done in calendar days. All days count: Saturdays, Sundays, public holidays.
In contrast, when it comes to a change in schedule or working hours, the legal notice period is expressed in working days (a minimum of seven working days). Sundays and public holidays are then excluded from the calculation.
This difference may seem trivial on paper. In practice, it leads to frequent errors, especially in multi-site companies or those with rotating schedules. An HR manager who applies a count in calendar days for a change in hours artificially shortens the actual notice period. Conversely, counting in working days for a termination of a probationary period extends the period beyond what the law provides.
Before any calculation, the first question to ask is: what event triggers the notice period? The answer determines the applicable counting method.
To delve deeper into the counting mechanisms according to each situation, the calculation of the notice period on My Beautiful Job details the steps with concrete examples.
Notice period during the probationary period: durations based on seniority
The Labor Code sets different durations depending on whether the termination comes from the employer or the employee, and based on the duration of presence in the company.
Termination initiated by the employer
- Less than 8 days of presence: the notice period is 24 hours
- Between 8 days and 1 month of presence: 48 hours notice
- Beyond 1 month and up to 3 months of presence: 2 weeks
- After 3 months of presence: 1 month notice period
Termination initiated by the employee
The obligations are lighter. The employee must respect a notice period of 48 hours, reduced to 24 hours if their duration of presence is less than 8 days. These durations apply regardless of the type of contract (permanent or fixed-term), provided that the contract includes a probationary period.
A technical point often overlooked: the notice period cannot extend the probationary period beyond its initial term. If the employer notifies the termination too late, the contract continues beyond the probationary period, which transforms a free termination into one subject to the rules of dismissal or resignation.
Short fixed-term contracts and probationary periods of less than a week
The notice period does not apply uniformly to all contracts. For fixed-term contracts with a probationary period of less than 7 days, no notice period is required. Termination can occur without any particular formalities.
This rule has direct consequences on short contracts: casual work in catering, occasional missions, replacements for a few days. An employer who ends a 3-day fixed-term contract with a one-day probationary period does not have to respect any notice period. Neither does the employee.
The limit of a 7-day probationary period is therefore a threshold to be systematically checked before initiating any notification procedure.
Starting point of the notice period and form of notification
The notice period begins to run at the moment the other party receives the notification, not at the time of sending. For a registered letter with acknowledgment of receipt, it is the date of first presentation that counts. For a hand delivery, it is the date of signing the document.
The Labor Code does not impose any particular form for notifying the termination of the probationary period. An oral notification is legally valid. In practice, written documentation remains the only usable proof before the labor tribunal. A registered letter or hand delivery against a receipt are the two formats that truly secure the procedure.
An email may constitute a beginning of proof, but its evidentiary value remains debated in jurisprudence. The registered letter with acknowledgment of receipt remains the reference.
Consequences of non-compliance with the notice period
When the employer does not comply with the notice period, they must pay the employee a compensatory indemnity equivalent to the amount of wages and benefits that the employee would have received if they had worked until the end of the notice period. This indemnity includes the associated paid leave.
Non-compliance with the notice period does not automatically turn the termination into wrongful dismissal. The termination remains valid, but it generates a financial obligation. The employee can approach the labor tribunal to obtain the payment of this indemnity if the employer refuses to pay it.
On the employee’s side, non-compliance with the notice period can also lead to a claim for compensation from the employer, although this situation remains rare in practice.
The notice period follows technical rules that vary according to the nature of the event (termination of the probationary period, change of hours, leave) and the applicable counting method. Verifying the type of days (calendar or working), the threshold duration of the probationary period, and the effective date of receipt of the notification constitutes the foundation for a reliable calculation.