Glossary entry (derived from question below)
French term or phrase:
rupture de période d'essai avec dispense d'exécution du préavis
English translation:
termination of trial period with no obligation to work the notice period
Added to glossary by
Daryo
Jul 20, 2023 12:17
10 mos ago
32 viewers *
French term
Australia
Native in: English 
rupture de période d'essai avec dispense d'exécution du préavis
French to English
Other
Human Resources
Term appears in a termination letter from a French company to their employee
Working translation "Termination of probationary period with exemption from notice period"
Target audience: English (Australia)
Working translation "Termination of probationary period with exemption from notice period"
Target audience: English (Australia)
Change log
Sep 8, 2023 14:14: Daryo changed "Edited KOG entry" from "<a href="/profile/2536726">Jess Shepherd's</a> old entry - "rupture de période d\'essai avec dispense d\'exécution du préavis"" to ""termination of trial period with no obligation to work the notice period""
Proposed translations
+1
2 hrs
Selected
termination of trial period with no obligation to work the notice period
rupture de période d'essai = rupture (du contrat de travail comprenant une) période d'essai
The employment contract for a "trial period" has been terminated
avec dispense d'exécution du préavis
if there is a "préavis" in the contract, i.e. an obligation to notify the other party say 2 weeks in advance if one party wants to end the contract, normally the employee would have to keep working during this "notice period" (to minimize the disruption).
In this case the employee was "freed from the obligation" to keep working during the notice period - while still being paid - the "notice period" was not and can not be invalidated on a whim.
Which in facts sound pretty bad, if it's the employer who ended the trial period - about as bad as a bland neutral reference.
Short version:
"le préavis / obligation to give advance notice" IS STILL a valid clause of the contract, it has NOT been voided.
The only divergence from the contract is that the employee "has been freed from the obligation" to work the notice period.
(the not so nice implied message: we wanted this employee out of our premises as soon as possible, even
we if we had to pay the employee during the notice period for not working)
The employment contract for a "trial period" has been terminated
avec dispense d'exécution du préavis
if there is a "préavis" in the contract, i.e. an obligation to notify the other party say 2 weeks in advance if one party wants to end the contract, normally the employee would have to keep working during this "notice period" (to minimize the disruption).
In this case the employee was "freed from the obligation" to keep working during the notice period - while still being paid - the "notice period" was not and can not be invalidated on a whim.
Which in facts sound pretty bad, if it's the employer who ended the trial period - about as bad as a bland neutral reference.
Short version:
"le préavis / obligation to give advance notice" IS STILL a valid clause of the contract, it has NOT been voided.
The only divergence from the contract is that the employee "has been freed from the obligation" to work the notice period.
(the not so nice implied message: we wanted this employee out of our premises as soon as possible, even
we if we had to pay the employee during the notice period for not working)
Peer comment(s):
| agree |
Sakshi Garg
4 hrs
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Thanks!
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| neutral |
SafeTex
: Not obliged to do something does not mean mustn't do something!
17 hrs
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Ever heard of euphemisms? Like "we let them go" meaning "we got rid of them"?
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4 KudoZ points awarded for this answer.
6 hrs
termination of trial period with immediate release from notice period
Hello
If they want the employee to leave immediately, I'd go for this as "no obligation to work the notice period" suggests that the employee can still come to work if he/she wants.
When you are released from a notice period, it means "don't show up"
See my references.
"Exempted" as you says is okay too but still leaves a shadow of doubt.
If they want the employee to leave immediately, I'd go for this as "no obligation to work the notice period" suggests that the employee can still come to work if he/she wants.
When you are released from a notice period, it means "don't show up"
See my references.
"Exempted" as you says is okay too but still leaves a shadow of doubt.
Example sentence:
https://www.myright.ch/en/business/legal-tips/employees/release-of-the-employee
https://www.indeed.com/career-advice/career-development/being-discharged-from-a-job
Peer comment(s):
| neutral |
Daryo
: it's not difficult to figure out that here "no obligation to come to work" in effect means without any ambiguity "keep out". // "come to work only when you feel like it" doesn't exist in real-life as a type of employment, even for short periods.
4 hrs
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Why work it out if you can say it? Isn't it you who always says that legal documents must contain no ambiguity?
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7 hrs
Adrian MM.
Austria
Austria
Native in English
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish)
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
24
break-off of the probationary period with waiver of the notice period
A probationary or trial stint is one instance where a 'uniltaral repudiation' of contract doesn't work.
> rupture du contrat de travail - *premature* termination of an employment contract; breach, FHS Bridge.
rupture: breach; break, Navarre.
It would be odd for the trial or probationary period to reach its end and spell out that no notice period is needed.
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Note added at 7 hrs (2023-07-20 19:57:44 GMT)
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Oz:waiver or short-circuiting of the length of notice > 'Can I shorten my notice period Australia? Ending the notice period early- If an employer doesn't agree to reduce the notice period, the employee can choose to resign and give their own minimum notice. Any time the employee has already worked during the original notice period doesn't count.'
> rupture du contrat de travail - *premature* termination of an employment contract; breach, FHS Bridge.
rupture: breach; break, Navarre.
It would be odd for the trial or probationary period to reach its end and spell out that no notice period is needed.
--------------------------------------------------
Note added at 7 hrs (2023-07-20 19:57:44 GMT)
--------------------------------------------------
Oz:waiver or short-circuiting of the length of notice > 'Can I shorten my notice period Australia? Ending the notice period early- If an employer doesn't agree to reduce the notice period, the employee can choose to resign and give their own minimum notice. Any time the employee has already worked during the original notice period doesn't count.'
Example sentence:
IATE: fr juste motif de rupture(de contrat) COM en justified reason for *premature* termination COM
Reference:
http://www.brighthr.com/articles/hiring/probation-periods/dismissal-during-probationary-period/
Peer comment(s):
| neutral |
Daryo
: the ST says nothing about any changes to the "notice period" itself - ONLY that the employee "is free to get lost" with immediate effect + ONLY references from French legislation are relevant.
3 hrs
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Discussion