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Employment contract
Is it possible to carry out several successive internships in the same position?
Publié le 23 janvier 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)
In a judgment of 7 January 2026, the Cour de cassation ruled on the possible reclassification of successive traineeships for the same post as an employment contract.
A trainee who has completed three successive traineeships on a single post within the same company asks the judge to reclassify his traineeships as an employment contract.
The Court of Appeal dismissed his application. According to her, the traineeships were in accordance with the law because:
- none of them exceeded the six-month period (regulatory limit);
- the internships corresponded to one year of teaching at different institutions.
The trainee appeals to the Court of Cassation.
The Court of Cassation agrees with him. For her, the waiting period between internships for the same position was not respected. It corresponds to a duration equal to one third of the duration of the previous internship. For example, for a 6-month internship, this period corresponds to 2 months.
Thus, the Court holds that, for the same post, only failure to comply with the waiting period may justify the reclassification of probationary agreements as employment contracts.
Reminder
The waiting period shall not apply if the trainee interrupts the traineeship himself.