HR France Update: Part-Time Employment Contracts

HR France Update: Part-Time Employment Contracts

A recent French law has introduced major modifications in the statutory regime of part-time employment contracts.

 

I: What are these major changes?

  • ==> All part-time contracts signed as from January 1st 2014 must provide for a minimum working time of 24 hours per week or the equivalent over the month. Only few exceptions to this requirement are allowed (please, refer to point II, below).

 

  • ==> An increased payment of all additional hours. Previously, only the additional hours over 1/10th of the weekly or monthly working time had to be marked up by 25% (or a lower rate, no less than 10%, if provided for by an extended collective bargaining agreement). Now the additional hours corresponding to 1/10th of the weekly or monthly working time must be marked up by 10%.

 

II: What are the exceptions to the 24 hours working time?

It remains possible to work less than 24 hours if the employee is less than 26 years old and is a student or if the individual is not in this case, if he/she requests (in written form) to the employer to work less than 24 hours per week or the equivalent over the month. The employer should not accept unless the request is motivated by one of the 2 following situations:

  • ==> The individual justifies personal constraints which prevent him/her from working this minimum working time. The personal constraints must not correspond solely to personal conveniences. For instance, the individual could need to work less because of his/her health status, or of family responsibilities.
  •  

  • ==> To allow the individual to combine several professional activities in order to work full time or at least 24 hours a week or the equivalent over a month.

 

A bill under discussion in the French parliament provides for an extra timeline for the implementation of these new rules to part-time contracts. If this Bill is passed, in principle at the end of next February, the application of these new rules will be suspended until June 30st 2014.

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