Can the employer introduce part-time work in the company?
Verified 25 June 2021 - Legal and Administrative Information Directorate (Prime Minister)
Yes, the employer can implement part-time work in the company.
However, the employer must comply with the conditions set out in a collective agreement or a company or establishment agreement.
In the absence of an agreement or agreement, the employer shall fix the working hours directly in accordance with minimum working time required weekly.
The employer must consult the Social and Economic Committee if it exists in the company.
The employer may offer part-time work either as soon as a new employee is hired or to a full-time company employee.
The full-time employee to whom the employer proposes to move to part-time is not obliged to accept the proposal.
The consequences on the employment contract are different depending on the agreement or not of the employee:
Employee Agreement
Employee who agrees to move to part-time sign a attractive his employment contract.
Employee Refusal
The part-time transfer constitutes a amendment of employment contract that the employer cannot impose on the employee.
Employees continue to work full-time if they refuse to work part-time.
Warning
if the proposed reduction in working time is justified by economic difficulties, the employee's refusal may result in his dismissal for economic reasons.
- Labour Code: Article L3123-4Right to refuse part-time work (public order)
- Labour Code: Article L3123-17Content of the agreement or agreement (scope of collective bargaining)
- Labour Code: Article L3123-26Application procedure in the absence of agreement or agreement (additional provisions)
- Labour Code: Article L1222-6Amendment of an essential element of the employment contract