Part-time work (temps partiel) is an arrangement under which an employee’s working hours, whether calculated weekly, monthly or annually, fall below the statutory 35-hour week. It concerns nearly one in five employees in France today and generates a growing body of litigation, particularly regarding reclassification as full-time, payment of supplementary hours and compliance with statutory guarantees. Both employers and employees need to understand the rules: they are precise, demanding, and breaches are frequently sanctioned.
1. The part-time employment contract: definition and implementation
1.1 – What is part-time work?
An employee is considered to work part-time when their working hours are below the statutory duration (35 hours) or, where lower, the collectively agreed working time applicable in the company (Art. L. 3123-1 of the Labour Code). Part-time work may be organised on a weekly, monthly or annual basis.
It may arise from:
- An agreement between the employer and the employee at the time of hiring
- A voluntary switch to part-time during the course of the contract
- A request by the employee for family or personal reasons
- A partial medical incapacity leading to an adjustment of the position
Important note
The employer cannot unilaterally impose a switch from full-time to part-time on an employee. Such a change constitutes a modification of the employment contract and requires the employee’s express agreement. If the employee refuses, the employer cannot sanction them.
1.2 – The written contract: a mandatory requirement
A part-time employment contract must be drawn up in writing (Art. L. 3123-6 of the Labour Code). It must state:
- The agreed weekly or monthly working hours
- How those hours are distributed across the days of the week or weeks of the month
- The circumstances and procedures under which that distribution may be changed
- The limits within which supplementary hours may be worked
Key point
The absence of a written contract, or the omission of any of these particulars, gives rise to a presumption that the contract is full-time. It then falls to the employer to rebut that presumption by proving the exact hours agreed and that the employee was not required to remain constantly at the employer’s disposal.
2. The minimum working hours for part-time employees
2.1 – The statutory floor of 24 hours
The minimum working time for a part-time employee is set at 24 hours per week (or the monthly or annual equivalent), subject to exceptions (Art. L. 3123-7 of the Labour Code). This rule is designed to combat involuntary part-time work, which is particularly widespread in certain sectors.
2.2 – Exceptions to the 24-hour floor
Exceptions are available in several cases:
- At the employee’s request, to accommodate personal constraints or to hold multiple jobs, subject to a written agreement
- For employees under 26 who are continuing their studies
- Under an extended sector-wide agreement providing for a shorter minimum, with accompanying guarantees (consolidated scheduling, priority access to supplementary hours)
- In cases of medical incapacity where the occupational physician recommends a reduction in working time
3. Supplementary hours for part-time employees
3.1 – Definition and cap
Supplementary hours (heures complémentaires) are hours worked by a part-time employee beyond their contractual hours, without exceeding the statutory 35-hour week. They are capped at one-third of the contractual weekly hours, unless a sector-wide agreement raises this ceiling.
3.2 – Premium rates for supplementary hours
Supplementary hours are subject to a mandatory pay premium (Art. L. 3123-29 of the Labour Code):
| Supplementary hours | Premium rate |
|---|---|
| Up to one-tenth of the contractual hours | +10% |
| Beyond one-tenth, up to one-third | +25% |
3.3 – The right to refuse supplementary hours
A part-time employee may refuse to work supplementary hours if they are not provided for in the contract, or if the employer has not given the required 3 working days’ notice. Such a refusal cannot constitute misconduct or a ground for dismissal.
Important note
If a part-time employee regularly works supplementary hours that bring their total working time up to the statutory 35-hour level, they may apply to the labour tribunal for reclassification of their contract as full-time, together with salary arrears going back 3 years.
4. Part-time employee rights: equal treatment and guarantees
4.1 – The principle of equal treatment
Part-time employees enjoy the same rights as full-time employees, calculated on a pro-rata basis where applicable (Art. L. 3123-5 of the Labour Code). This principle covers in particular:
- Remuneration, calculated proportionally to hours worked
- Paid leave, accrued on the same basis
- Seniority, calculated in the same way
- Access to professional training
- Trade union rights and participation in workplace elections
- Social protection and pension entitlements (subject to contribution rules)
4.2 – Priority right to return to full-time
A part-time employee has a priority right to fill a full-time position corresponding to their job or a similar role within the company, when such a position becomes available (Art. L. 3123-3 of the Labour Code). The employer must inform them of available positions.
4.3 – Protection against excessive split shifts
A part-time employee’s working day may include only one break in activity, and that break may not exceed 2 hours, unless a sector-wide agreement provides otherwise. This rule is designed to protect employees against fragmented working patterns.
5. Reclassification of part-time as full-time
5.1 – Grounds for reclassification
Reclassification of a part-time contract as a full-time contract may be ordered by the labour tribunal in several situations:
- Absence of a written contract or failure to specify working hours
- Repeated unilateral changes to hours by the employer without the required notice
- Regular supplementary hours bringing total working time up to 35 hours
- Employee required to remain constantly at the employer’s disposal
5.2 – Consequences of reclassification
Reclassification as full-time gives rise to salary arrears covering the 3 years prior to the labour tribunal claim, corresponding to the difference between pay received and full-time pay. It may also give rise to damages for unfair performance of the contract.
Key point
Reclassification is one of the most financially significant sanctions for an employer. Over 3 years, the pay differential can amount to a very substantial sum, to which social security contributions and any damages must be added.
6. Frequently Asked Questions About Part-Time Employment
No. Changing an employee’s working arrangements from full-time to part-time constitutes an amendment to the employment contract and requires the employee’s express consent. The employer cannot impose this change unilaterally, even on grounds of economic difficulties. If the employee refuses, the employer must either abandon the proposed amendment or initiate a dismissal procedure on economic grounds; the employee cannot be subjected to disciplinary action for refusing.
Periods of part-time employment count towards pension entitlements, but those entitlements are calculated by reference to the salary earned. Part-time employees accrue qualifying quarters for pension purposes in the same way as full-time employees, provided their earnings reach a minimum threshold set by decree (approximately 150 times the statutory hourly minimum wage (SMIC) per quarter). However, their pension will generally be lower than that of an employee who has worked full-time throughout their career.
Your Employment Lawyer for Part-Time Employment Matters
Part-time employment is a legally sensitive area: poorly drafted contracts, changes to working hours without the required formalities, and additional hours that are not properly remunerated can all create significant risks. Such breaches may expose employers to costly reclassification claims and back-pay liabilities extending over three years. For employees, understanding their rights is often the first step towards enforcing them.
With expertise in employment law, Patchwork Avocats advises businesses on ensuring that their part-time employment contracts comply with legal requirements and represents employees seeking to enforce their rights to pay and contractual reclassification, both through legal advice and in proceedings before the French Employment Tribunal.
Do you have a question about a part-time employment contract, unpaid additional hours or the reclassification of your contract? Contact us.