Writing an end of probationary period letter is a crucial step in human resources management. Whether it is the employer or the employee, this approach requires particular attention to respect legal obligations and preserve the interests of everyone. Here’s a comprehensive guide to help you navigate this tricky process.
Fundamentals of Breaking Probation
The trial period is a key moment in the relationship between employer and employee. It allows everyone to assess whether the collaboration is satisfactory. He is essential to understand that this period can be terminated freely by either party, without the need for any particular justification.
However, certain rules must be respected:
- THE notice period is obligatory
- The termination must be notified in writing
- The reasons for termination must be linked to professional skills
The following table summarizes the notice periods to be respected depending on the length of presence in the company:
Duration of presence | Notice period (employer) | Notice period (employee) |
---|---|---|
Less than 8 days | 24 hours | 24 hours |
Between 8 days and 1 month | 48 hours | 48 hours |
Between 1 and 3 months | 2 weeks | 48 hours |
More than 3 months | 1 month | 48 hours |
It is essential to note that some collective agreements can provide more favorable deadlines for the employee. It is therefore recommended to check the provisions specific to your sector of activity.
Writing and sending the end of trial period letter
Writing an end of trial period letter must follow certain rules to be legally valid. Here are the elements that must be included:
- Full contact details of the employer and employee
- The date the letter was written
- The clearly stated subject: “Termination of trial period”
- The body of the letter explaining the decision
- Employer’s signature
He is strongly recommended to send this letter by registered mail with acknowledgment of receipt. This method makes it possible to prove the date of notification of the termination, a crucial element in the event of a subsequent dispute. Alternatively, hand delivery against signature is also valid.
Although the employer is not required to justify the reason for the termination, it is wise to remain professional and courteous in the wording. A generic sentence such as “We regret to inform you that we are ending your trial period” is usually sufficient.
Consequences and post-breakup procedures
The end of the trial period entails several obligations for the employer. In particular, he must provide the employee with the following documents:
- THE work certificate
- THE balance of any account
- L’France Travail certificate (formerly Pôle Emploi)
- THE last pay slip
It is essential to emphasize that the termination of the trial period by the employer entitles you to unemployment benefits for the employee, unlike a termination at the employee’s initiative. This information can be crucial for the employee in their decision-making.
The termination procedure is identical regardless of the type of contract (CDI, CDD) or working time (full or part time). However, particular attention should be paid to protected employees (union delegates, staff representatives, etc.). In this case, authorization from the labor inspectorate is required before any termination of the trial period.
Writing templates and resources
To make writing your end of probation letter easier, here are some useful resources:
- Of the letter templates adaptable according to your situation (termination by the employer or by the employee)
- Of the practical sheets detailing the legal aspects of the procedure
- Of the support services offered by certain professional organizations or unions
Do not hesitate to consult these tools to ensure that you comply with all legal formalities. When in doubt, it is always best to seek advice from a labor law professional.
Writing a letter at the end of the trial period is a delicate exercise that requires rigor and precision. By following this advice and using the resources at your disposal, you will be able to successfully complete this procedure while respecting the legal framework and everyone’s interests. Remember that communication and transparency are key elements in maintaining healthy professional relationships, even in these moments of transition.