Part-time work of an employee in the private sector
Verified 21 June 2023 - Legal and Administrative Information Directorate (Prime Minister)
How long is part-time work? A part-time employee is employed for a shorter period than a full-time employee. The minimum duration of working time shall be specified in the employment contract. Part-time employees may be required to work additional hours, within certain limits. Overtime is subject to a pay increase.
Part-time work is work of which the duration is less the duration of the work scheduled for the full-time employee.
It must therefore be less than one of the following limits:
- Or the legal weekly period: 35 hours
- Or at the monthly legal duration: 151,67 hours
- Or at the annual legal duration: 1 607 hours
Warning
of treaty provisions may provide for a shorter working time.
Any employee may work part-time, irrespective of the duration of his contract (DTA: titleContent or CSD: titleContent).
Part-time work may be requested by the employer or the salaried worker.
General case
A part-time employee must sign a written employment contract.
The contract shall include all of the following:
- Employee qualification
- Remuneration
- Expected weekly or monthly working time
- Allocation of working time between the days of the week or the weeks of the month (unless the allocation of working hours is provided for, by agreement or agreement, on a period of more than one week)
- Limits within which additional hours may be completed
- Method of communicating in writing to the employee working hours for each working day
- Cases in which the allocation of working time may be changed and nature of such change
All agreeable the contract must also be in writing.
In the absence of a written contract, the employment contract is a full-time contract.
In an association
A part-time employee must sign a written employment contract.
The contract shall include all of the following:
- Employee qualification
- Remuneration
- Expected weekly or monthly working time
- Allocation of working time between the days of the week or the weeks of the month (unless the allocation of working hours is provided for, by agreement or agreement, on a period of more than one week)
- Limits within which additional hours may be completed
- Cases in which the allocation of working time may be changed and nature of such change
Working hours are communicated to the employee each month in writing.
All agreeable the contract must also be in writing.
In the absence of a written contract, the employment contract is a full-time contract.
In a home help company
A part-time employee must sign a written employment contract.
The contract shall include all of the following:
- Employee qualification
- Remuneration
- Expected weekly or monthly working time
- Allocation of working time between the days of the week or the weeks of the month (unless the allocation of working hours is provided for, by agreement or agreement, on a period of more than one week)
- Limits within which additional hours may be completed
- Cases in which the allocation of working time may be changed and nature of such change
Working hours are communicated to the employee each month in writing.
All agreeable the contract must also be in writing.
In the absence of a written contract, the employment contract is a full-time contract.
A part-time employee must respect a minimum working time.
This period shall be fixed by treaty provisions.
In the absence of treaty provisions, the minimum working time shall be:
- Either 24 hours per week (or equivalent monthly duration, 104 hours)
- Or, in the case of a division of working time over a period exceeding one week, 104 hours per month
However, provisions of the Convention may provide for a minimum duration of less than 24 hours per week:
- Depending on the implementation of regular schedules in the company
- Depending on the employee's ability to combine several activities
- Depending on the employee's working hours on regular or full days or half-days
Derogations from this minimum period are also provided for in the following cases:
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General case
Since 1 July 2014
The employee who has signed his part-time employment contract (DTA: titleContent or CSD: titleContent) must comply with a minimum working timeat least 24 hours per week.
Before 1 July 2014
The employee who signed his part-time employment contract before 1er July 2014 (DTA: titleContent or CSD: titleContent) does not have to respect a minimum working time.
Derogation requested by the employee
Personal Constraints
At the employee's request, a minimum period shorter than the period applicable in the company may be fixed.
The employee's request must be in writing and substantiated, i.e. it must state his personal constraints (health or family reasons, in particular).
A sample letter is available:
Request for derogation from the minimum working time for part-time work
Cumulation of activities
At the request of the employee, a minimum period shorter than the period applicable in the company may be fixed to enable him to carry out more than one activity.
The employee can thus attain an overall duration of activity corresponding to a full time or at least equal to the minimum duration of work.
A sample letter is available:
Request for derogation from the minimum working time for part-time work
Student under 26
An employee shall be entitled, if he so requests, to a minimum period shorter than the period applicable in the company in order to enable him to pursue his studies.
The employee must then make the request to his employer.
The employer must accept the employee's request.
A sample letter is available:
Request for derogation from the minimum working time for part-time work
Fixed-term employment contract
CDD of up to 7 days
The employee does not have to respect a minimum working time.
Replacement of absent employee
In the case of the signing of a temporary contract or contract justified by the replacement of an employee, the employee does not have to respect a minimum working time.
Employee of an individual employer
The employee employed directly by an individual does not have to respect a minimum working time.
The remuneration of the part-time employee shall be calculated in proportion to the length of time worked (except treaty provisions or practice more favorable).
It shall be proportional to that of an employee who, for the same qualification, holds a full-time equivalent job in the company.
Compensation can be smoothed over time. This ensures that employees, whose hours vary throughout the year, receive a fixed and regular salary.
A part-time employee may be required to work beyond the duration of the contract.
In this case, the employee works overtime.
It's not overtime.
Number of additional hours that can be worked
Additional hours may be completed up to 1/10e the weekly or monthly working hours laid down in the contract.
Example :
if the contract provides for a working time of 30 hours per week, the employee may work a maximum of 3 additional hours.
However, it may be increased to 1/3 the weekly or monthly duration per treaty provisions.
Remuneration for overtime
Any additional hours worked shall give rise to a salary increase.
The rate of increase for an additional hour may be fixed by treaty provisions.
The rate of increase shall be:
- Either 10% for each additional hour completed up to 1/10e the duration of work laid down in the contract
- Either 25% for each hour completed above 1/10e (and up to 1/3)
Right of refusal of the employee
The employee has the right to refuse to work additional hours:
- If he's informed less than 3 days before the date on which overtime is scheduled
- Or if overtime is worked beyond the limits laid down in the employment contract
The employee's refusal on any of these grounds is not fault or grounds for dismissal.
On the other hand, the employee cannot refuse to carry out the additional hours if he is informed at least 3 days before and that the hours are worked within the limits laid down in the contract.
In this case, the employee's refusal constitutes a fault which may justify a disciplinary sanction (warning, dismissal...) or, depending on the circumstances, a dismissal for misconduct.
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
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Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
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- Labor Code: Article L3123-1Definition (public policy)
- Labor Code: Article L3123-5Remuneration (public policy)
- Labor Code: Article L3123-6Contract of employment (public policy)
- Labor Code: Articles L3123-7 to L3123-10Hours of work and overtime (public policy)
- Labor Code: Articles L3121-19 to L3123-21Hours of work and overtime (scope of collective bargaining)
- Labor Code: Articles L3121-27 to L3123-29Hours of work and overtime (supplementary provisions)
FAQ
- Part-time employee: what is the minimum working time?
- Can the employer change the hours of a part-time employee?
- How do I get into the private sector on a part-time basis?
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