How long is the trial period and can it be ended early?
Neither too short nor too long — and you do not walk out overnight. The common myth: believing that during the trial either side can leave without notice. Wrong. Under article L. 121-5 of the Labour Code, the trial period may be neither less than 2 weeks nor more than 6 months. Two exceptions: it is capped at 3 months if the employee's qualification is below the CATP, and can run up to 12 months if the gross monthly pay reaches at least €5,318.41 at index 992.24 (an amount tied to the index and revalued). During the first two weeks, the trial cannot be ended (except for gross misconduct); after that, notice applies — of the order of 4 days per month of trial, for example 24 days for a six-month trial. And if the trial exceeds the legal maximum, only the excess part is void.
📋 The rules
- The trial period may be neither less than 2 weeks nor more than 6 months (art. L. 121-5 of the Labour Code).
- It is capped at 3 months if the employee's training is below the CATP.
- It can run up to 12 months if the gross monthly pay reaches at least €5,318.41 at index 992.24 (an indexed amount, revalued).
- During the first 2 weeks, the trial cannot be ended, except for gross misconduct.
- After that, notice applies (of the order of 4 days per month of trial); without it, the termination is irregular.
🔓 Exceptions
- In a fixed-term contract, the trial cannot exceed a quarter of the contract's duration (or of its minimum duration).
- If the agreed trial exceeds the legal maximum, it is void only for the excess duration, not entirely.
- Gross misconduct allows immediate termination, including during the first two weeks.
⚠️ Penalties & fines
Getting the trial wrong is costly for both sides. An employer who ends it without respecting notice, or who "tests" an employee beyond the legal duration, risks the termination being held irregular: the relationship may then be treated as a dismissal, with notice due, indemnities and possible damages. Setting a trial too long offers no protection either: the part exceeding the legal maximum is void, so past the true maximum the contract is deemed final. On the employee side, leaving abruptly during the trial without notice can also engage their liability. The real trap lies elsewhere: believing the trial strips away all rights. During the trial the employee stays affiliated, covered for work accidents and sickness, and a badly founded termination can open litigation. It is therefore worth checking the qualification (CATP) and the exact salary, since they determine the maximum duration that really applies.
📎 Official sources
- ITM · trial period (Labour and Mines Inspectorate) →
- Legilux · Labour Code (art. L. 121-5) →
- Guichet.lu · trial period of the employment contract (official portal) →
❓ Frequently asked
What is the maximum length of a trial period?
In principle six months, but only three months if the qualification is below the CATP. It can reach twelve months where the gross monthly pay is at least €5,318.41 at index 992.24, an amount revalued with the index.
Can the trial be ended without notice?
No, except for gross misconduct, the trial cannot be ended during the first two weeks. After that, notice applies, of the order of four days per month of trial, for example twenty-four days for a six-month trial.
My contract sets an eight-month trial — is that valid?
Only if your salary reaches the threshold allowing up to twelve months; otherwise six months is the maximum. Beyond the legal maximum, only the excess duration is void, and the contract becomes final at that point.
Does the trial period also exist in a fixed-term contract?
Yes, but it cannot exceed a quarter of the duration set in the contract, or of its minimum duration. The other limits, such as the two-week floor and the notice rules, still apply in the same way to the fixed-term contract.
Am I protected if I fall ill during the trial?
Yes, during the trial the employee stays affiliated to social security and covered, notably for sickness or a work accident. The trial period does not suspend these protections, even though termination is easier.
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