When the employee works part-time, their contract must mention the weekly or monthly work duration, as well as the distribution of this duration between the days of the week or the weeks of the month. A part-time employee may work more hours than the working hours stipulated in the contract, provided that the number of additional hours does not exceed 10% of the weekly or monthly duration. Moreover, the additional hours cannot result in bringing the hours of work of the employee to the level of the legal or conventional duration of the work. Flexibilities in the duration of part-time work are only possible through negotiation (company or branch agreement).
In the event of non-compliance with these provisions, the employee may obtain the re-characterization of the part-time contract under a full-time contract and obtain corresponding salary and compensation reminders.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
