France: Part-Time Employees Employment Law

The actual working time is considered as the time during which the employee is at the employer’s disposal and follows the employer’s direction.

Limits: The part-time employee shall not work more than the working hours limits set under the Labor Law (Article L3121) as follow: 

• less than  the legal weekly duration: 35 hours, or
• less than  the legal monthly duration: 151.67 hours, or
• less than  the legal annual duration: 1,607 hours

Each employee, irrespective of the duration of their contract, is permitted to work part-time.

Employees who are working full-time have the right to request part-time work from their employer, as part of their legal entitlements. This is known as the ‘right to request a part-time work arrangement’ or ‘droit à la demande d’un temps partiel’. Employers are required to consider such requests from their employees and may only refuse on certain grounds, such as if it causes significant organizational difficulties or if it would be impossible to find a replacement for the employee’s role on a part-time basis.

Similarly, employers can propose employees work part-time as per business needs. Employers can create a working situation that is advantageous to both by allowing employees to work part-time.

For example, a full-time employee in a certain industry works 35 hours per week. If a part-time employee is hired to work 50% of full-time hours, the working time for that employee would be:

35 hours/week x 50% = 17.5 hours/week

In this case, the part-time employee would work 17.5 hours per week, which is less than the legal maximum of 48 hours per week.

It’s important to note that the working time for part-time employees can vary depending on the industry, collective bargaining agreements, and employment contracts. Labor Code, 2016 (amended as of 2021), Art. L3123-1.

Recording Requirement – Employees who work part-time must sign a written employment contract. The contract shall fulfill the following elements:  

• • • Qualification of the employee,
    • Remuneration for employment,
    • Expected weekly or monthly working time,
    • Distribution of working hours between the days of the week or the weeks of the month (unless the distribution of working hours is provided for, by convention or agreement, over a period longer than a week
    • Limits within which additional hours can be worked.
    • Method of communication in writing to the employee of the working hours for each day worked,
    • Cases in which the distribution of working time may be modified and the nature of this modification.

Additional documents to the contract recording a modification, adaptation, or addition made thereto by mutual agreement between the 2 parties to the contract must also be in writing. Labor Code, 2016 (amended as of 2021), Art. L3123-6. 

Working Time – A set minimum amount of time must be worked by the part-time employee. This period is determined by contractual terms through establishment agreements, branch, business, or collective agreements that are in accordance with labor law. They define the rights and responsibilities of both the employer and the employee.

In the absence of contractual provisions, the minimum working time of part-time employees is set at 24 hours per week or the equivalent monthly duration, i.e. 104 hours, that is, in the event of distribution of working time over a period longer than the week.

For example: a company hires a part-time employee with a contract that does not specify a minimum working time (the above limits will apply), the employee is scheduled to work 20 hours a week, the employer would need to provide additional hours to reach the minimum of 24 hours per week. This could be done by either assigning the employee additional hours during that week or by scheduling additional hours during the following weeks in the month to reach the monthly minimum of 104 hours.

On the other hand, if the employee is scheduled to work 30 hours per week, they would meet the minimum requirement and no additional hours would be necessary.

It’s important to note that if the employment contract specifies a minimum working time that is lower than the legal minimum, such as 20 hours per week, then the contractual provisions would take precedence over the legal minimum.

For example, some part-time employees may only be available to work a few hours per week due to other obligations or responsibilities, such as caring for children or elderly relatives. In these cases, employers may agree to a minimum working time that is less than 24 hours per week to accommodate the employee’s needs. Labor Code, 2016 (amended as of 2021), Art. L3123-27.

Part-time employees are entitled to receive overtime pay for any hours worked beyond their regular working hours. The amount of overtime pay varies depending on the number of hours worked and the specific provisions of the employment contract or collective agreement that applies to the employee.

Part-time employees minimum working time is 24 hours per week or, where applicable, at the monthly equivalent of this duration or as provided under their contract or collective agreement. Part-time employees are not allowed to work more than one-tenth of the weekly monthly working time provided or up to 1/3 of their weekly hours in some cases or as provided in their contract or collective agreement. Any hours worked beyond these limits are considered overtime and must be paid accordingly.

Compensatory Pay: A part-time employee is entitled to premium pay not less than 10% of the regular hourly rate for the first 8 hours of overtime worked in a week, and 25% for any additional hours worked beyond the first 8 hours.

Example 1: A part-time employee has a regular working week of 20 hours, but is asked to work an additional 10 hours a week. The first 8 hours of overtime are paid at a rate of 10% above the regular hourly rate, and the remaining 2 hours are paid at a rate of 25% above the regular hourly rate.

• • • Regular hours worked: 20 hours
    • Overtime hours worked: 10 hours
    • Overtime rate for first 8 hours: 10% above the regular hourly rate
    • Overtime rate for additional 2 hours: 25% above the regular hourly rate

Calculation:

• • • Regular pay for 20 hours worked: Regular hourly rate x 20
    • Overtime pay for first 8 hours: Regular hourly rate x 1.1 (10% increase) x 8
    • Overtime pay for additional 2 hours: Regular hourly rate x 1.25 (25% increase) x 2
    • Total pay for 30 hours worked: Regular pay + overtime pay for the first 8 hours + overtime pay for additional 2 hours

Example 2: A part-time employee works 25 hours a week, including 5 hours of overtime. The regular hourly rate is €10 per hour.

• • • Regular hours worked: 20 hours
    • Overtime hours worked: 5 hours
    • Overtime rate for first 8 hours: 10% above the regular hourly rate
    • Overtime rate for additional 2 hours: 25% above the regular hourly rate

Calculation:

• • • Regular pay for 20 hours worked: €10 x 20 = €200
    • Overtime pay for first 8 hours: €10 x 1.1 (10% increase) x 8 = €88
    • Overtime pay for additional 2 hours: €10 x 1.25 (25% increase) x 2 = €25
    • Total pay for 25 hours worked: €200 + €88 + €25 = €313

In both examples, the employee is entitled to receive overtime pay for any hours worked beyond their regular working hours, at a rate that is higher than the regular hourly rate. The overtime rate depends on the number of hours worked and the specific provisions of the employment contract or collective agreement that applies to the employee.

Compensatory Rest Period:  An employee is entitled to compensatory time off instead of overtime pay if it is made by mutual agreement between the employer and the employee, and is subject to certain conditions. 

Part-time employees are entitled to the same overtime and compensatory time off provisions as full-time employees, but the amount of compensatory time off they receive will be pro-rated based on their part-time schedule.

Example: A part-time employee has a regular working week of 20 hours, but is asked to work an additional 10 hours of overtime. The employee and employer agree to provide compensatory time off instead of overtime pay, at a rate of 1.5 hours of time off for every hour of overtime worked.

• • • Regular hours worked: 20 hours
    • Overtime hours worked: 10 hours
    • Compensatory time off rate: 1.5 hours of time off for every hour of overtime worked

Calculation:

• • • Regular pay for 20 hours worked: Regular hourly rate x 20
    • Compensatory time off for 10 hours of overtime worked: 1.5 x 10 = 15 hours of time off.

Instead of receiving overtime pay for the 10 hours of overtime worked, the employee is entitled to take 15 hours of time off from work, which can be used at a later date, subject to the agreement of the employer. The compensatory time off must be taken within a certain period of time, as specified by the employment contract or collective agreement. Labor Code, 2016 (amended as of 2021), Art. L3123-20, L3123-21, L3121-27-29 , L3121-44.

Night work is defined as work between 9 pm and 6 am. Part-time employees who work at night are protected by the same laws and regulations as full-time employees who work at night. The following requirements for night work:

• • • Employers must inform part-time employees in writing about the risks associated with night work and the measures taken to protect their health and safety.
    • Part-time employees who work at night must receive a medical examination before they start work to determine if they are fit for this type of work.
    • Employers must provide appropriate rest breaks and rest periods to part-time employees who work at night.
    • Part-time employees who work at night must receive a higher hourly rate than those who work during the day,
    • Part-time employees who work at night must not work more than 8 hours per day and 40 hours per week on average over a 12-week period unless a specific exemption applies.

Labor Code, 2016 (amended as of 2021), Art. L3122-1 to L3122-24.

Part-time employees are entitled to breaks in the same way as full-time employees, although the length and frequency of breaks may vary depending on the number of hours worked.

Full-time employees are entitled to an unpaid break of 20 consecutive minutes for every 6 hours of work. For part-time employees, this break must be proportional to the hours worked. For example, if a part-time employee works 3 hours, they would be entitled to a 10-minute break.

Additionally, some collective bargaining agreements or employment contracts may provide for longer or more frequent breaks than the statutory limit. Labor Code, 2016 (amended as of 2021), Art. 3121-1 – 3121-6, L3121-16 – L3121-17.

Daily and Weekly Rest for Part-time Employees – Part-time employees are entitled to the same rights as full-time employees when it comes to weekly and daily rest periods.

Weekly Rest:  All employees, including part-time employees, are entitled to at least 24 consecutive hours of rest per week. This weekly rest period shall usually be on Sunday, but this may be changed by a collective bargaining agreement or a company agreement. 

Daily Rest – Part-time employees in France are entitled to at least 11 hours of rest between two working days. 

For example, if a part-time employee finishes work at 9 pm, they cannot start work again before 8 am the next day. 

Labor Code, 2016 (amended as of 2021), Art. L3132-1 – 3132-4,  L3132-26 – L3132-27.