The apprenticeship contract does not include, in the strict legal sense, a trial period. Article L6222-18 of the Labor Code provides for a distinct mechanism: a free termination period limited to the first 45 days of practical training in the company. This qualification has direct consequences on the counting, the termination modalities, and the rights of the parties.
Counting the 45 days in apprenticeship: days excluded from the calculation
The counting of the 45 days does not follow the calendar logic of fixed-term contracts (CDD) or that of permanent contracts (CDI) based on the professional category. Only the days of actual presence of the apprentice in the company are counted.
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We still regularly observe calculation errors among employers who count from the date of signing the contract. This reflex is misleading. Several categories of days are systematically excluded:
- Days spent at the apprentice training center (CFA), including assessments and mock exams organized by the center.
- Weekly rest days, public holidays, and leave, which do not constitute practical training.
- Periods of suspension of the contract due to illness, work accident, or any other legally justified cause of absence.
In practice, a contract started in early September may see its 45 effective days spread over several months. An apprentice on a rhythm of one week in the company / one week in the CFA will reach their 45 days of presence after about three calendar months.
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To determine precisely the duration of the trial period of an apprenticeship contract, it is necessary to keep a real count of the days of practical training, ideally through a tracking table signed by the tutor.
Termination of the apprenticeship contract during the 45 days: formalism and limits
During this period, termination is free, without reason and without notice. It can be initiated by either the employer or the apprentice (or their legal representative if they are a minor). No termination indemnity is owed by either party.
A written notice is still necessary. The notification of termination must be formalized by mail, delivered in person against a receipt or sent by registered mail. The absence of written formalism does not render the termination null, but it weakens the proof in case of a dispute over the effective end date.
Common trap: termination notified after the deadline
The date that counts is that of the notification, not that of receipt. An employer who sends a registered letter on the 44th effective day is within the deadlines, even if the apprentice receives the letter a week later. However, we recommend prioritizing hand delivery to avoid any disputes.
A termination notified after the 45th effective day falls under a completely different regime. It can only occur by written agreement of both parties, by judicial termination, or in cases exhaustively listed by the Labor Code (serious misconduct, incapacity, obtaining the diploma).
Reduced probationary period after termination and rehire in apprenticeship
A little-documented case deserves the attention of HR services. When an apprentice terminates their contract and then signs a new apprenticeship contract with another employer to continue the same training, the duration of the probationary period may be reduced.
The logic is simple: the days of practical training already completed with the previous employer are taken into account. If the apprentice has completed 30 days of practice before termination, the new employer only has 15 effective days to evaluate the apprentice before the end of the free termination period.
This situation arises particularly when a CFA replaces an apprentice after an amicable termination. The new employer must absolutely inquire about the number of days already completed, or risk believing they have 45 days when the deadline is already largely underway.
Differences with the trial period of the professionalization contract
The confusion between apprenticeship and professionalization remains common. Both fall under alternating training, but the rules of the trial period differ completely.
The professionalization contract, whether concluded as a fixed-term or permanent contract, applies the classic rules of the trial period provided by the Labor Code and the applicable collective agreement. The counting is then calendar-based, and the duration varies according to the employee’s qualification and the duration of the contract.
In a fixed-term professionalization contract, the trial period is calculated at the rate of one day per week of the contract, limited to two weeks for contracts of six months or less. For a longer fixed-term contract, the limit rises to one month. In a permanent professionalization contract, the legal durations of the permanent contract apply, modifiable by the collective agreement.
The mechanism of 45 days of effective practice is therefore an exclusive specificity of the apprenticeship contract. An employer managing both apprentices and professionalization alternants must apply two distinct regimes for early termination.
Employer obligations after a termination during the 45 days
The free termination does not mean a total absence of obligations. The employer must notify the termination to the director of the CFA and to the organization that registered the contract (the competent consular chamber or the OPCO as applicable). This notification conditions the update of the apprentice’s status.
The salary remains due until the last day worked. The end-of-contract documents (work certificate, employer certificate, final settlement) must be provided within the usual deadlines. The apprentice retains their rights to unemployment insurance if the termination is initiated by the employer, according to the classic eligibility rules.
On the apprentice’s side, termination during the 45 days does not deprive them of the right to sign a new apprenticeship contract with another employer. The CFA is also obliged to assist them in this search for a limited duration.
The rigor of counting effective days and the written formalization of the termination remain the two points on which disputes crystallize. A shared follow-up between the tutor, HR service, and CFA helps secure the contractual relationship from the first weeks.