Trial Periods and Recruitment Tests for a Student Job

Many companies want to test their future student worker during what they call a trial period. Very often, this is actually an unpaid recruitment test, but it is still subject to legal rules. To find out whether the trial period you are being asked to do is legal and to avoid being taken advantage of, we have summarized in this article the regulations surrounding the trial period and recruitment test for student jobs.

What is the legal duration of a trial period for a student job?

The first three days of a student employment contract automatically constitute a trial period, whether or not it is explicitly mentioned in the contract. However, since these three days are part of the employment contract, they must be paid. This three-day period cannot be extended, even if, for example, the student worker falls ill and is unable to work during those days. This trial period allows the employer to assess the quality of work and determine whether the person is suitable for the job. During these three days, both the employer and the student can terminate the contract without notice or compensation. After this period, the legal notice rules for early termination of a contract must be followed.

Can a trial period for a student job be unpaid?

Many employers ask to evaluate the worker’s skills before signing the student employment contract. This is not considered a trial period as described above but rather a recruitment test, which does not have to be paid. However, this test must not be profitable for the company. For example, a "recruitment test" that requires a student to run the cash register for an entire day is actually an illegal trial period, as it directly benefits the employer. This test must also not exceed the time necessary to assess the worker’s skills. It should not last more than a few hours, even if these hours are spread over several days. Even though this recruitment test does not require a contract, both parties must sign a document provided by the employer as proof of their agreement.

This document must mention:

• The duration of the test
• That it is carried out to evaluate the worker's skills
• That it is unpaid
• That it does not generate profit for the company

I feel like my employer took advantage of my trial period. What should I do?

As explained above, a trial period is part of the student employment contract, lasts three days, and must be paid. An unpaid recruitment test can take place before signing the contract, but it must be documented and signed by both parties. It cannot last more than a few hours (just enough to evaluate the candidate's skills) and must not benefit the employer financially.

A recruitment test cannot be used by an employer to make you work for free. If an employer asks you to work an entire day without a contract, this is undeclared work. You will not be covered in case of an accident, and you have no guarantee of being paid. If you have found yourself in this situation and believe that what was asked of you was not legal, you can contact the Social Law Inspection (CLS) of your region to file a complaint.

For more information on regulations concerning student jobs, visit the Infor Jeunes website.

Also read:

📌 Why do you need a student contract before starting a job?

📌 When should you start looking for a summer job?

📌 How to find a weekend student job?