Probationary period in Luxembourg: duration and termination
The probationary period allows both the employer and the employee to assess the working relationship at the start of the contract. In Luxembourg, its duration varies according to the type of contract and the employee's profile, and its termination is governed by specific rules. It must be stipulated in writing, individually, no later than at the time of commencement of work — failing which it is null and void.
Legal durations by contract type
Permanent contract (CDI)
The probationary period in a permanent contract is governed by three tiers (Art. L. 121-5):
- General rule: duration between a minimum of 2 weeks and a maximum of 6 months.
- Cap at 3 months for employees whose level of vocational training does not reach the CATP (certificat d'aptitude technique et professionnelle) of secondary technical education.
- Extension up to 12 months for employees whose starting gross monthly salary reaches the threshold set by Grand-Ducal regulation (senior management or highly qualified positions).
Fixed-term contract (CDD)
The probationary period may be neither less than 2 weeks nor more than one quarter of the duration stipulated in the contract (or of the minimum duration where no precise term is set), subject to the maximum caps applicable to permanent contracts (Art. L. 122-11).
Apprenticeship contract
The probationary period is set by law at 3 months (Art. L. 111-3).
Agency work (temporary work contract)
The maximum duration depends on the length of the assignment (Art. L. 131-7):
- 3 working days if the assignment lasts 1 month or less;
- 5 working days if the assignment lasts more than 1 month;
- 8 working days if the assignment lasts more than 2 months.
| Contract type | Minimum duration | Maximum duration | Legal basis |
|---|---|---|---|
| CDI (general rule) | 2 weeks | 6 months | Art. L. 121-5 |
| CDI (below CATP level) | 2 weeks | 3 months | Art. L. 121-5 |
| CDI (high-salary GDR threshold) | 2 weeks | 12 months | Art. L. 121-5 |
| CDD | 2 weeks | 1/4 of contract duration | Art. L. 122-11 |
| Apprenticeship | 3 months (fixed) | Art. L. 111-3 | |
| Agency work ≤ 1 month | 3 working days (max) | Art. L. 131-7 | |
| Agency work > 1 month | 5 working days (max) | Art. L. 131-7 | |
| Agency work > 2 months | 8 working days (max) | Art. L. 131-7 | |
- The probationary clause may never be renewed (Art. L. 121-5 for CDI; Art. L. 131-7 for agency work).
- If the contract is suspended during the probationary period (illness, accident, etc.), the period is extended by the duration of the suspension, up to a maximum of one additional month (Art. L. 121-5 and L. 111-3).
Termination during the probationary period
CDI and CDD
Unilateral termination is prohibited during the first two weeks of the probationary period, except in cases of serious misconduct (Art. L. 121-5).
After this minimum period, termination is possible with notice calculated as follows (Art. L. 121-5):
- If the probationary period is expressed in weeks: the notice period equals the number of weeks stipulated (e.g. a 3-week trial = 3 weeks' notice).
- If the probationary period is expressed in months: 4 days' notice per month of the probationary period, with a minimum of 15 days and a maximum of 1 month.
Apprenticeship contract
During the 3-month probationary period, either party may terminate the contract unilaterally and without notice (Art. L. 111-3).
Agency work contract
Either party may terminate the contract by registered letter, without notice or compensation, until the expiry of the probationary period (Art. L. 131-7).
Special cases
Incapacity to work (illness or accident)
Article L. 121-6 provides protection against the notification of termination for 26 weeks in the event of incapacity to work. However, this protection does not automatically prevent all terminations: Luxembourg case law has accepted that a dismissal notified during the probationary period despite sick leave could be valid where the legal conditions were met (Decision Ref. 1926).
Serious misconduct
In the event of serious misconduct — a fact making the continuation of the employment relationship immediately and permanently impossible — termination may take place without notice, even during the first two weeks of the probationary period (Art. L. 124-10 and L. 121-5).
Succession of contracts
Where a fixed-term contract is followed by a new contract under the conditions set out in Articles L. 122-5 to L. 122-7, the new contract may not include a probationary period (Art. L. 122-8). This rule is designed to prevent employers from circumventing permanent-contract protections by concluding successive fixed-term contracts each with a new probationary period.
A question about the duration of a probationary period, its termination or the calculation of notice in Luxembourg?
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