The apprenticeship contract is subject to termination rules that have nothing to do with those of a permanent contract (CDI) or a fixed-term contract (CDD). The trial period in apprenticeship, which the Labor Code does not actually refer to as such, is based on a count of 45 days of practical training in the company. This mechanism, often misunderstood by both employers and apprentices, generates calculation errors and disputed terminations.
Why the trial period in apprenticeship is not really one
The term “trial period” is used for convenience, but the Labor Code speaks of a possibility of free termination during the first 45 days of actual presence in the company. This distinction has direct consequences: the rules for renewal, maximum duration, or notice periods applicable to CDI and CDD do not apply to the apprenticeship contract.
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. For an apprentice, the period is the same regardless of the duration of the contract or the level of qualification targeted.
Questions related to the duration and termination of the apprenticeship trial period frequently arise in HR departments, particularly because the count in days of actual presence deviates from the usual operation.
This logic also applies in the public sector. Local authorities and public institutions that hire apprentices follow the same principle of 45 days, even if the administrative wording emphasizes the absence of a “trial period” in the classical sense of the term.
Counting the 45 days in the company: what counts and what does not
The most common trap concerns the method of calculation. The 45 days are not calendar days counted from the date of signing the contract. Only the days of actual presence in the company are counted.
Periods spent at the CFA (apprentice training center) do not count towards the calculation. Days of absence due to illness, work accidents, or leave are also not counted. In practice, this means that an apprentice whose alternating rhythm includes a lot of time in theoretical training may see this period extend over several months.
Let’s take a concrete case: an apprentice alternating one week in the company and three weeks at the CFA. It will take about nine to ten months for them to reach 45 days of presence in the company. During this entire period, termination remains possible without any specific reason or procedure.
Points excluded from the count
- Weeks spent at the CFA, even if they are included in the alternating calendar provided in the contract
- Periods of suspension of the contract due to illness, work accidents, or maternity
- Public holidays and leave, which do not constitute practical training in the company
This mechanism requires rigorous tracking. An employer who does not keep an accurate count of the days actually worked risks notifying a termination too late, which then obliges them to follow the applicable procedure after the 45 days.
Termination of the apprenticeship contract during the 45 days: formalities
During this period, the employer or the apprentice can terminate the contract freely, without having to justify a reason. The termination does not give rise to any specific indemnity and does not require a dismissal procedure.
Notification must be made in writing. A registered letter with acknowledgment of receipt or a letter delivered by hand against a receipt is sufficient. The employer must inform the CFA and the organization that registered the contract (consular chamber or DREETS depending on the case).
No notice period is imposed by the Labor Code for this early termination, unlike what is provided for the trial period of a CDI or CDD. However, some collective agreements may provide for additional provisions. Checking the applicable agreement remains a useful precaution.
Termination after 45 days: the mediator’s procedure
Once the 45 days have passed, the termination of the apprenticeship contract becomes much more regulated. The employer can no longer unilaterally terminate the contract except in limited cases (serious misconduct, incapacity, definitive exclusion from the CFA, death of the employer in certain situations).
For the apprentice who wishes to leave, prior referral to the consular mediator is mandatory. The sequence to be followed is precise:
- The apprentice refers to the mediator designated by the consular chamber to which they belong
- A period of 5 calendar days must elapse after this referral before any notification
- The apprentice then notifies their decision to terminate in writing to the employer
- The termination takes effect 7 days after the notification
This procedure, reiterated by several official guides in 2025 and 2026, is often absent from general articles that merely mention the existence of the mediator without detailing the timeline. An apprentice who notifies termination without having respected the 5-day period after referring to the mediator risks having their termination requalified.
Taking note by the apprentice: a little-known recourse
Case law has opened an additional avenue for the apprentice faced with serious shortcomings from their employer. Taking note of the termination of the apprenticeship contract allows the apprentice to leave the company by citing faults of the employer (non-payment of salary, dangerous working conditions, harassment).
If the labor court finds the shortcomings sufficiently serious, the termination has the effects of a dismissal without real and serious cause. Otherwise, it is requalified as a resignation. Field reports vary on this point: some labor courts strictly assess the seriousness of the shortcomings, while others adopt a more protective reading for the apprentice.
This mechanism remains little used, probably because apprentices are not well aware of their rights in this area. However, it constitutes a safety net for situations where the classic termination procedure via the mediator is not sufficient to protect the apprentice.
The legal framework for termination in apprenticeship thus combines great flexibility during the first 45 days and strict formalism beyond that. The accuracy of the count of days of presence in the company remains the main point of vigilance, both for the employer and for the apprentice who wishes to know exactly where they stand.