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The definition of a part-time employee
A part-time employee is considered to be an employee who:
- works less than 35 hours per week in the case of a weekly part-time contract;
- works less than 151.67 hours per month in the case of a monthly part-time contract.
The content of a part-time contract
The part-time contract must be in writing.
In the case of an oral contract, it would become a full-time contract by default, unless the employer is able to prove that the employee is actually working part-time.
The mandatory clauses of the employment contract are numerous, as the following list proves:
- the qualification of the employee;
- all elements of remuneration must be indicated;
- the weekly or monthly duration;
- the distribution must appear on the employment contract, in a clear and precise manner according to the following principles: distribution of the days of the week in the event of a weekly part-time contract and indication of the weeks worked planned in the case of a part-time contract monthly;
- the cases of possible modification of the distribution by specifying that this modification will obey a mandatory notification period of 7 days;
- the limits within which any additional hours may be worked.
The introduction of part-time
Installation can be done:
- at the initiative of the employer following a collective agreement;
- at the initiative of the employee wishing to reduce his working time in order to create his business, for family reasons or on medical recommendation (half-time therapy).
What if the employee refuses?
If the employee refuses the setting up of part-time work, he must know that:
- it is not a fault;
- it is not grounds for dismissal;
- if the establishment is motivated by an economic reason, the refusal may justify a dismissal for economic reasons.
What if the employer refuses?
The refusal by the employer must be motivated, it can be:
- the absence of a job allowing part-time work;
- the transformation of the position into part-time is harmful for the company.
Refusal by the employer is not possible if:
- the employee’s request is made within 3 years of the birth or adoption of a child;
- AND if the employee’s seniority is one year or more.
Additional hours are the hours that the part-time employee works beyond the duration provided for in the employment contract (referred to as “the contractual duration”).
These additional hours must never bring the duration of work up to the legal duration, namely 35 hours per week or 151.67 hours per month.
- The legal limit is set at 10% of the duration of the employment contract.
For example, an employee with a weekly contract of 20 hours can work 2 additional hours (20h*10%).
- A collective agreement may possibly increase this limit to 1/3 of the duration of the contract.
For example, an employee with a weekly contract of 15 hours can work 5 additional hours (15h*1/3).
Content updated on 01/07/2012