Can the employer require the employee to work part-time?

Verified 01 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employer may introduce schedules at part-time in the company.

However, the employer must comply with the conditions set out in a collective agreement or a collective company agreement.

In the absence of an agreement, the employer shall directly fix the working hours in accordance with the minimum working time weekly is required.

The employer must consult the Social and Economic Committee (ESC) if there is one in the company.

The opinion of the ESC does not oblige the employer to follow it.

If there is no employee representative in the company, the employer shall inform labor inspection its willingness to introduce part-time working arrangements.

The part-time transfer by the employer of the employee working full-time must be taken:

  • Depending on the economic difficulties encountered temporarily by the company
  • Or depending on another situation.

In such cases, the full-time employee may or may not refuse to work part-time:

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Temporary economic difficulties

If the proposed reduction in working time is justified by economic difficulties, the refusal of the full-time employee to agree to part-time work may lead to a dismissal on economic grounds.

Please note

Dismissal on economic grounds doit be justified. Economic difficulties arise when the company undergoes a significant change in at least one of the following economic indicators:

  • Decrease in orders or sales
  • Operating losses or degradation of cash flow or gross operating surplus
  • Any other factor which may justify economic difficulties.

In the event of a dispute, the employee may file a complaint with the labor council (CPH).

Other situation

The employee agrees to work part-time

The employee must sign a agreeable to his employment contract.

The employee refuses to work part-time

Part-time work is a essential modification of the contract of employment of the employee.

The employer cannot impose it on the employee without his consent.

In case of disagreement, the employee continues to work full time.

In the event of a dispute, the employee may file a complaint with the labor council (CPH).

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