Can the employer put an end to trial periods or fixed-term contracts due to COVID-19?

France

The answer is negative.

An employer cannot terminate an employee’s trial period or an employee’s fixed-term contract because of the COVID-19.

The trial period cannot be terminated because of COVID-19:

On the employer’s side, the purpose of the trial period is to assess the employee’s professional skills and on the employee’s side, to evaluate if his new position is convenient. During the trial period, each party may terminate the contract, without having to justify its decision.

However, the employer may only terminate a trial period for reasons linked to the employee’s professional abilities. If it is not the case, the termination of the trial period is abusive. This has been ruled in the past already for a trial period which had in fact been terminated for economic reasons.

Consequently, it is not possible for an employer to terminate an employee’s trial period because of the reduction or the suspension of the company’s activity in the context of COVID, as it has no link with the employee’s professional skills.

To tackle this, the French Government improved the system of so-called short-time work system (“activité partielle”) in order to avoid termination of employment contracts and to provide that employees on trial are eligible to this system.

The fixed-term contract cannot be terminated because of COVID-19:

The fixed-term employment contract may only be terminated at its term or, if earlier, in a few cases listed by law which do not include the COVID-19.

Also, it must be kept in mind that short-time work system applies to all types of employment contracts, i.e. fixed-term employment contracts included.

Consequently, a fixed-term employment contract cannot be terminated because of the COVID-19; such termination would be seen as abusive by the French Labor Court. But COVID will not delay the normal term of the contract. The contract will end at the date agreed initially.