© - ATH all rights reserved - Edition 2024 22 EMPLOYER’S GUIDE 2024 IMPLEMENTATION A part-time employee is an employee whose working hours are less than the statutory working hours (35 hours per week) or the hours determined by collective agreement if less. The minimum part-time working hours are set by an extended sector agreement, otherwise they are 24 hours per week. The employee can ask to work less than the minimum working hours due to personal constraints or in order to combine several activities. The following exceptions apply to minimum hours : students under the age of 26, private employer, fixed-term contract of 1 week maximum… Part-time work can be arranged by the employer by company agreement or otherwise by an extended sector agreement. Failing a collective agreement, it can be implemented by the employer after consulting the CSE. In the absence of a CSE, it can be arranged by the employer or at the request of employees after informing the employment inspectorate. Part-time work can be organised over the week, month or year, as part of the reduction of working hours for personal life demands or adjusted part-time hours. Employees under a part-time contract with less hours than the minimum are given priority for a job offering the minimum hours. The employer must give them the list of available posts. PART-TIME EMPLOYMENT CONTRACT A part-time employment contract can be signed for a non-fixed or fixed term. It must in all cases be in writing and include certain compulsory details including: the set weekly or monthly working hours, how they are arranged over the days of the week or weeks of the month, the cases where the arrangement of working hours can be adjusted, conditions under the employee is informed of his/her working hours for each day worked, the possibility of working overtime... Working hours can only be modified with the employee's agreement. If there is no written documentation or note of working hours, the contract is deemed to have been signed on a fulltime basis, plus the employer is liable for a category 5 fine (amount page 85). PART-TIME CONTRACT 10 What you need to know : A part-time employee is an employee whose working hours are less than those stipulated by the law or collective agreement applicable to the company. Minimum working hours must however be respected. The part-time employment contract must include specific information. The part-time employee has the same rights as full-time employees.
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