An apprentice starts their training in a company on a Monday, but their alternating schedule provides for two weeks in a CFA for three days on the job. After two calendar months, they have only spent 30 actual days in the employer’s premises. The phase during which the contract can be freely terminated is still ongoing. This discrepancy between the civil calendar and the actual count of days in the company regularly traps employers and apprentices.
Understanding the mechanics of this probationary period, its calculation rules, and its concrete consequences avoids many misunderstandings. We clarify what the Labor Code provides, and especially what practice imposes on a daily basis.
Probationary Period of Apprenticeship: Why It Is Not a Classic Trial Period
The term “trial period” is used out of habit, but it is legally inaccurate for an apprenticeship contract. The Labor Code provides for a probationary period of 45 days, distinct from the regime applicable to CDI and CDD. For a CDI, the duration of the trial period depends on the professional category of the employee. For a CDD, it is calculated based on the duration of the contract. In apprenticeship, these rules do not apply.
The main difference lies in the counting method. The 45 days correspond exclusively to days of practical training in the company. Weeks spent at the CFA or in a training organization do not count. In practice, depending on the alternating rhythm, these 45 days can stretch over three, four, or even five calendar months.
Here we find a first practical trap: an employer who believes the probationary period is over after six calendar weeks may still be in the midst of it. HR professionals managing the duration and trial period of the apprenticeship contract on a daily basis must keep an accurate count of the actual days present on the job.
Counting the 45 Days in the Company: Concrete Calculation Method
The counting is based on a simple principle in theory, more delicate in practice: only the days when the apprentice actually works in the company are counted. Neither days of training at the CFA, nor holidays, nor sick absences are included in the calculation.
What Counts and What Does Not Count
- Full working days in the company, regardless of the department or site of assignment, are counted.
- Periods in training centers, even if they relate to skills directly linked to the position, are excluded from the count.
- Absence days (sick leave, vacation, public holidays) are not counted, which mechanically extends the calendar duration of the probationary period.
For an apprentice on a one-week in-company, one-week at the CFA rhythm, it takes about three calendar months to reach the 45 effective days. For a three-days/two-days rhythm, the calculation changes again. The most reliable tool remains a presence tracking table, updated weekly.
Is a Formal Document Required?
No legal obligation imposes a standard form for this tracking. However, a statement signed by the tutor and the apprentice protects both parties in case of a dispute over the exact end date of the probationary period. A simple shared table with checked dates is sufficient, provided it is kept up to date.
Termination of the Apprenticeship Contract During the 45 Days: What Can Be Done and What Cannot
During the probationary period, either party can terminate the contract freely, without reason and without compensation. Both the apprentice and the employer have this option. The termination takes effect immediately, without mandatory notice, unlike what applies in CDI or CDD.
Notification must be in writing. A registered letter or a hand delivery against receipt are the most common forms. No disciplinary procedure is required, even if the termination is initiated by the employer.
Be Careful with the Notification Date
The termination must occur before the end of the 45th day of actual presence. If the employer notifies the termination on the 46th day, the rules change radically: it is then necessary to go through the common law procedure (amicable agreement, serious misconduct, unfitness, or referral to the mediator and then to the labor court).
Feedback varies on this point depending on the consulted OPCOs, but caution dictates notifying the termination with a margin of a few days before the estimated threshold. It is better to act on the 40th day than to be in dispute on the 46th.
Duration of the Apprenticeship Contract: The Variables That Change Everything
The standard duration of an apprenticeship contract varies according to the diploma being prepared and the apprentice’s path. It can range from six months to three years, and even reach four years for workers with disabilities. The duration of the contract is determined based on the training cycle, not the employer’s will.
Two scenarios deserve particular attention:
- An apprentice who has already validated part of the diploma may see the duration of their contract reduced, sometimes to just one year.
- An apprentice failing the exam may extend their contract by a maximum of one year to prepare for a new session, provided that the employer and the CFA agree.
The contract can be concluded in CDI (with an initial apprenticeship phase) or in CDD aligned with the duration of the training cycle. The choice between these two forms has a direct impact on what happens after the training period.
Hiring After the Apprenticeship: The Bridge Rule
If the apprentice is hired in CDI, CDD, or temporary work in the same company at the end of their apprenticeship contract, no new trial period can be imposed on them. The duration of the apprenticeship is also deducted from the trial period if the employee is subsequently recruited in another company for a position related to the qualification obtained.
This bridge mechanism protects the apprentice against a “double test.” This is a point that many employers overlook when preparing the post-apprenticeship employment contract.
Successive Apprenticeship Contracts: A New Count Each Time?
When an apprentice follows two apprenticeship contracts with the same employer (to prepare for a higher diploma, for example), only one probationary period applies at the beginning of the first contract. The second contract does not open a new count of 45 days.
The situation changes if the apprentice signs a new apprenticeship contract with a different employer after a termination. In this case, a new count becomes relevant. The apprentice starts from scratch, even if they have already completed several months of apprenticeship elsewhere.
For companies that regularly host apprentices, good practice is to systematically check the candidate’s previous path before considering that the probationary period is running. An exchange with the OPCO allows for quick clarification.