droit travail

Qu'est-ce que Probationary Period ?

Initial period at the start of an employment contract during which either party can terminate the relationship with shorter notice, to assess mutual suitability.

Definition

The probationary period (or trial period) is an initial phase at the start of an employment relationship during which either the employer or employee can terminate the contract with shorter notice than would normally apply, as both parties assess whether the match is right. It is used to evaluate competencies, cultural fit, and working relationship quality before full commitment.

In practice

In Belgium, an important legislative change in 2014 eliminated probationary clauses for open-ended CDI contracts — there is now no statutory probationary period for CDIs, meaning full dismissal protections apply from day one. For fixed-term CDDs of more than six months, a trial clause can still be included if specified in the contract. For temporary work, the first three working days are considered a trial period. From a practical standpoint, the early weeks of any employment still serve an informal evaluation function — structured onboarding, regular check-ins, and clear feedback mechanisms during the first 90 days are good practice regardless of formal legal protections. Employers who invest in structured onboarding during this period see significantly lower early attrition.

Key takeaway

Since 2014, Belgian CDI employees have full dismissal protections from day one — this makes investing in thorough pre-hire assessment even more critical, as the safety net of a trial period no longer exists.