© - ATH all rights reserved - Edition 2024 23 2024 EMPLOYER’S GUIDE ORGANISATION OF WORKING HOURS Part-time employees have individualised working hours ; they must be informed in writing of their hours of work for each day worked. Employees must be informed of any changes to their weekly or monthly working hours within a 7 days notice period, unless a different notice period is stipulated by company or sector agreement. Working hours cannot include more than one break during the same day or a break of more than 2 hours, subject to other provisions stipulated by the company agreement or otherwise by an extended sector agreement. When employees work for several employers, total working hours must not exceed the maximum authorised hours. Ask us, your collective agreement may provide for the possibility of signing « additional hours » addenda to temporarily increase working hours of parttime employees. ADDITIONAL HOURS A part-time employee can work additional hours up to 10 % of the weekly or monthly working hours stipulated in the employment contract. A company agreement or otherwise an extended sector agreement can adjust this limit to 1/3 of the working hours stipulated in the contract but cannot have the effect of increasing working hours to the statutory or collective agreement working hours. The extended sector agreement can stipulate the extra rate of pay for each additional hour worked up to the limit of 1/3 of the contractual working hours. This rate cannot be less than 10 %. Unless stipulated in the collective agreement, the extra rate of pay for additional hours is 10 % for hours worked up to the limit of 1/10 of the hours stipulated in the contract and 25 % for each hour worked between 1/10 and 1/3 of the hours stipulated in the employment contract. The employee can refuse to work additional hours if they exceed the limits stipulated in the contract or if the employee has been notified less than 3 days before. The employment contract must be modified if, for a period of 12 consecutive weeks (or for 12 weeks during a period of 15 weeks), the average hours worked exceeded the hours initially stipulated in the contract by at least 2 hours per week. STATUS OF PART-TIME EMPLOYEE Part-time employees have the same rights as full-time employees : • The probation period cannot be longer than for full-time employees, • Length of service is calculated as if the employees had been employed full-time, • Paid holidays are earned and calculated according to the same terms as full-time employees, • Part-time employees can elect and are eligible for the roles of staff representatives under the common law conditions. They are included in staff numbers based on their hours of work. Their pay is proportional to that of a full-time employee with an equivalent job. They have a priority right to a full-time job in the company. Pay for additional hours benefits from a reduction of employee contributions and an income tax exemption up to an annual limit of € 7,500. Ask us about the possibility for a part-time employee to contribute to a pension plan and supplemental retirement scheme on a salary corresponding to full-time.
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