PART-TIME WORK
LexInter | April 27, 2002 | 0 Comments

PART-TIME WORK

Article L212-4-2
(Law n ° 81-64 of January 28, 1981 art. 2 Official Journal of January 29, 1981) (Ordinance n ° 82-271 of March 26, 1982 Official Journal of March 28, 1982) (Ordinance n ° 82-271 of March 26, 1982) art. 2 Official Journal of March 28, 1982) (Law n ° 91-1 of January 3, 1991 art. 18 I Official Journal of January 5, 1991) (Law n ° 93-1313 of December 20, 1993 art. 43 I Official Journal of December 21, 1993 JORF corrigendum of February 2, 1994) (Law n ° 2000-37 of January 19, 2000 art. 12 II Official Journal of January 20, 2000 in force on February 1, 2000)Law of January 17, 2003In companies, professions and organizations mentioned in article L. 212-4-1,part-time working hours may be practiced on the basis of a collective agreement or an extended branch agreement or a company or establishment agreement or agreement. In the absence of agreement, they can be carried out after consulting the works council or, failing that, the staff representatives. This notice is sent within fifteen days to the labor inspector. In the absence of staff representation, part-time working hours can be practiced at the initiative of the company manager or at the request of the employees after informing the labor inspector.

– the legal working time,  ie 1,600 hours or, when these durations are less than the legal working time, the working hours fixed by agreement for the branch or the company or the working hours   applicable in the establishment;
– to the monthly duration resulting from the application, over this period, of the legal working hours or, if they are less, of the working hours fixed by agreement for the branch or the company or of the working hours applicable in the ‘establishment;
– to the annual working time resulting from the application over this period of the legal working time or, if they are less, from the working time conventionally fixed for the branch or the company or from the working hours applicable in the establishment, TEXT DELETED BY THE LAW OF JANUARY 17, 2003 minus the hours corresponding to the days of legal holidays and the public holidays mentioned in article L. 222-1.

ANNUALIZED PART-TIME CONTRACTStatus of part-time employee, Liaisons sociales, n ° 13289, 12/01/2000, pp. 53-77
PART-TIME EMPLOYMENT CONTRACT

Article L212-4-3

Law n ° 81-64 of January 28, 1981 art. 2 Official Journal of January 29, 1981) (Ordinance n ° 82-271 of March 26, 1982 Official Journal of March 28, 1982) (Ordinance n ° 82-271 of March 26, 1982) art. 3 Official Journal of March 28, 1982) (Ordinance n ° 86-948 of August 11, 1986 art. 8 1 ° Official Journal of August 12, 1986) (Law n ° 92-1446 of December 31, 1992 art. 1 Official Journal of January 1, 1993) (Law n ° 93-1313 of December 20, 1993 art. 43 II Official Journal of December 21, 1993) (Law n ° 95-116 of February 4, 1995 art. 76 Official Journal of February 5, 1995) (Law n ° 98-461 of June 13, 1998 art. 10 Official Journal of June 14, 1998) (Law n ° 2000-37 of January 19, 2000 art. 12 III Official Journal of January 20, 2000 in force on February 1, 2000)The employment contract for part-time employees is a written contract. It mentions the employee’s qualification, the elements of remuneration, the planned weekly or, where applicable, monthly duration and, except for employees of home help associations, the distribution of the working time between the days of the week or weeks of the month. It also defines the cases in which a possible modification of this distribution can occur as well as the nature of this modification. Any modification must be notified to the employee at least seven days before the date on which it must take place.
The employment contract also specifies the limits within which additional hours can be worked beyond the working time fixed by the contract. The number of additional hours worked by a part-time employee during the same week or the same month may not be greater than one tenth of the weekly or monthly working time provided for in his contract.
Additional hours may not have the effect of bringing the duration of the work performed by an employee to the level of the legal working time or to the duration fixed by agreement.
The refusal to work the additional hours offered by the employer beyond the limits fixed by the contract does not constitute a fault or a reason for dismissal. The same applies, within these limits, when the employee is informed less than three days before the date on which the additional hours are scheduled.
When the employer asks the employee to change the distribution of his working time, when the employment contract does not provide for the cases and the nature of such modifications, the employee’s refusal to accept this change does not constitute a misconduct or a reason for dismissal.
When the employer asks the employee to change the distribution of his working time in one of the cases and according to the terms previously defined in the employment contract, the employee’s refusal to accept this change does not constitute a fault or a reason for dismissal as soon as this change is not compatible with imperative family obligations, with the follow-up of a school or higher education, with a period of activity fixed with another employer or with a self-employed professional activity. The same applies in the event of a change in working hours within each day worked which appear in the document to be sent to the employee under the first paragraph.
When, during a period of twelve consecutive weeks or for twelve weeks during a period of fifteen weeks, the average working hours actually worked by an employee have exceeded by at least two hours per week, or by the monthly equivalent of this duration, the schedule provided for in his contract, it is modified, subject to seven days’ notice and unless the employee concerned opposes, by adding to the previously fixed schedule the difference between this schedule and the average schedule actually performed.
ABSENCE OF WRITTEN CONTRACT AND PART-TIME
Article L212-4-4
(Law n ° 81-64 of January 28, 1981 art. 2 Official Journal of January 29, 1981) (Ordinance n ° 82-271 of March 26, 1982 Official Journal of March 28, 1982) Ordinance n ° 82-271 of March 26, 1982 art . 4 Official Journal of March 28, 1982) (Ordinance n ° 86-948 of August 11, 1986 art. 8 2 ° Official Journal of August 12, 1986) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of August 20 January 2000 in force on February 1, 2000) (Law n ° 2000-37 of January 19, 2000 art. 12 IV Official Journal of January 20, 2000 in force on February 1, 2000)An extended branch collective agreement or agreement may vary within seven days, up to a minimum of three working days, the period provided for in the first paragraph of Article L. 212-4-3, in which the modification of the distribution of working hours must be notified to the employee. The extended branch collective agreement or agreement must provide for compensation paid to the employee when the notice period is reduced to less than seven working days. This agreement or convention may also extend the limit within which additional hours may be worked, set in the second paragraph of the same article, up to a third of the duration stipulated in the contract.
To be able to be extended, the branch agreement or collective agreement must include guarantees relating to the implementation, for part-time employees, of the rights recognized to full-time employees, and in particular equal access. promotion, career and training opportunities, as well as fixing a minimum period of continuous work and limiting the number of breaks in activity during the same day. When the limit within which additional hours can be worked is increased beyond one tenth of the weekly or monthly duration fixed in the employment contract,
The working hours of part-time employees may not include, during the same day, more than one interruption of activity or an interruption of more than two hours, only if an extended or approved branch collective agreement or agreement in application of article 16 of law n ° 75-535 of June 30, 1975 relating to social and medico-social institutions, provides for this either expressly or by defining the working hours during which employees must exercise their activity and their distribution during the working day, for specific compensation and taking into account the specific requirements of the activity carried out. In the absence of an extended collective agreement or agreement, a decree in the Council of
Article L212-4-5
(Law n ° 81-64 of January 28, 1981 art. 2 Official Journal of January 29, 1981) (Ordinance n ° 82-271 of March 26, 1982 Official Journal of March 28, 1982) (Ordinance n ° 82-271 of March 26, 1982) art. 5 Official Journal of March 28, 1982) (Law n ° 91-1 of January 3, 1991 art. 18 II Official Journal of January 5, 1991) (Law n ° 92-1446 of December 31, 1992 art. 4 Official Journal of 1 January 1993) (Law n ° 98-461 of June 13, 1998 art. 11 Official Journal of June 14, 1998) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1 2000) (Law n ° 2000-37 of January 19, 2000 art. 12 II Official Journal of January 20, 2000 in force on February 1, 2000)Part-time employees benefit from the rights recognized to full-time employees by law, company or establishment collective agreements and agreements, subject, with regard to contractual rights, to specific terms provided for by an agreement. or a collective agreement.
Trial periods for part-time employees may not have a longer calendar duration than that for full-time employees.
Taking into account the duration of their work and their seniority in the company, their remuneration is proportional to that of the employee who, with equal qualifications, occupies a full-time equivalent job in the establishment or the company.
For the determination of rights linked to seniority, the duration of this is counted for part-time employees as if they had been employed full-time, periods not worked being taken into account in full.
The termination indemnity and the retirement indemnity for employees who have been employed full-time and part-time in the same company are calculated in proportion to the periods of employment carried out according to either of these two. modalities since their entry into the company.
In the part-time employment contract, the refusal of an employee to accept a change in his schedules ordered by the employer within the framework of his managerial power, can be legitimized, even if this change is provided for in the contract, when this change is not compatible with pressing family obligations.

The court of appeal does not give a legal basis for its decision, which refuses to examine the excuse invoked by the employee and based on his family obligations.

SOC. – May 9, 2001. CASSATION

No. 99-40.111. – Douai Board of Directors, June 26, 1998. – Ms. Rachmajda vs. Abilis-Nova services company

 

Article L212-4-6
(Ordinance n ° 82-271 of March 26, 1982 art. 6 Official Journal of March 28, 1982) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1, 2000) ( Law n ° 2000-37 of January 19, 2000 art. 12 V Official Journal of January 20, 2000 in force on February 1, 2000)An agreement or an extended collective agreement or a company or establishment agreement that has not been the object of the opposition provided for in Article L. 132-26 may provide that the weekly or monthly duration may vary within certain limits over all or part of the year provided that, over one year, the weekly or monthly duration does not exceed on average the duration stipulated in the employment contract.
The collective agreement or agreement must establish:
1 ° The categories of employees concerned;
2 ° The modalities according to which the working time is counted;
3 ° The minimum weekly or monthly working time;
4 ° The minimum working time during the days worked; only an agreement or an extended branch collective agreement can provide for more than one interruption of activity or an interruption of more than two hours;
5 ° The limits within which the working time can vary, the difference between each of these limits and the duration stipulated in the employment contract not being able to exceed one third of this duration; the employee’s working time cannot be increased to a level equal to or greater than the legal weekly duration;
6 ° The methods according to which the indicative program of the distribution of working hours is communicated in writing to the employee;
7 ° The conditions and deadlines within which the working hours are notified in writing to the employee;
8 ° The modalities and the deadlines according to which these schedules can be modified, this modification not being able to intervene less than seven days after the date on which the employee was informed; this period may be reduced to three days by convention or extended branch collective agreement.
By way of derogation from the provisions of Articles L. 143-2 and L. 144-2, the agreement or agreement may provide that the remuneration paid monthly to employees is independent of the actual schedule and is calculated under the conditions provided for by the agreement. or the agreement.
The employment contract mentions the employee’s qualification, the elements of his remuneration, the weekly or monthly reference period.
When over a year the average schedule actually worked by an employee has exceeded the weekly or monthly duration fixed in the contract and calculated over the year, the schedule provided for in the contract is modified, subject to seven days notice and unless opposed by the employee concerned, by adding to the previously fixed schedule the difference between this schedule and the average schedule actually worked.
Article L212-4-7
(Ordinance n ° 82-271 of March 26, 1982 art. 6 Official Journal of March 28, 1982) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1, 2000) ( Law n ° 2000-37 of January 19, 2000 art. 12 VI Official Journal of January 20, 2000 in force on February 1, 2000)Employees who request it may benefit from a reduction in working hours in the form of one or more periods of at least one week due to the needs of their family life. Their working hours must be set within the annual limit set in article L. 212-4-2.
During the periods worked, the employee is employed according to the collective schedule applicable in the company or establishment.
The hours worked during a week beyond the legal duration set in article L. 212- give rise to the application of the provisions of Articles L. 212-5 and L. 212-5-1. 1 or, in the event of application of an agreement or an agreement defined in Article L. 212-8, the hours worked beyond the limits set by this agreement.
The amendment to the employment contract must specify the period (s) not worked. It may also provide, by way of derogation from Articles L. 143-2 and L. 144-2, the methods for calculating the monthly remuneration regardless of the actual schedule for the month.
Article L212-4-8
(Law n ° 82-915 of October 28, 1982 art. 39 Official Journal of October 29, 1982 AUROUX LAW) (Law n ° 82-1097 of December 23, 1982 art. 13 II Official Journal of December 26, 1982) (Ordinance n ° 86 -948 of August 11, 1986 art. 9 Official Journal of August 12, 1986) (Ordinance n ° 86-948 of August 11, 1986 art. 10 Official Journal of August 12, 1986) (Law n ° 87-423 of June 19, 1987 art. 3 Official Journal of June 20, 1987) Law n ° 93-1313 of December 20, 1993 art. 43 III Official Journal of December 21, 1993) (Law n ° 93-1313 of December 20, 1993 art. 43 III c Official Journal of December 21, 1993) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1, 2000) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1, 2000)A Council of State decree determines the conditions under which part-time employees are included in the workforce of the companies or establishments to which they belong, with a view to the application to these companies or establishments of the obligations subordinated by the labor legislation under conditions of minimum number of employees.

* NOTE – Ordinance 86-948 of August 11, 1986 art. 13: These provisions apply to contracts concluded or renewed after its entry into force. *

Article L212-4-9
(Ordinance n ° 86-948 of August 11, 1986 art. 10 Official Journal of August 12, 1986) (Law n ° 93-1313 of December 20, 1993 art. 43 III Official Journal of December 21, 1993) (Law n ° 2000-37 of January 19, 2000 art. 12 I, II, VII Official Journal of January 20, 2000 in force on February 1, 2000)Part-time employees who wish to occupy or resume a full-time job and full-time employees who wish to occupy or resume a part-time job in the same establishment, or failing that, in the same company have priority for the allocation. a job in their professional category or an equivalent job. The employer informs these employees of the corresponding list of available jobs.
The refusal by an employee to perform part-time work does not constitute a fault or a reason for dismissal.
The conditions for setting up part-time working hours at the request of employees are set by an extended collective agreement or agreement or a company or establishment agreement or agreement. This agreement or agreement provides for:
1 ° The terms according to which full-time employees can occupy a part-time job and part-time employees can occupy a full-time job in the same establishment or, failing that, in the same company ;
2 ° The procedure to be followed by employees to communicate their request to their employer;
3 ° The time allowed to the head of the company to provide a reasoned response. In particular, in the event of refusal, he must explain the objective reasons which lead him not to act on the request.
In the absence of an agreement or collective agreement, the employee’s request must be communicated to the company manager by registered letter with acknowledgment of receipt. It must specify the desired working time as well as the date envisaged for the implementation of the new schedule. The request must be sent at least six months before this date. The business manager is required to respond to the employee by registered letter with acknowledgment of receipt within three months of receipt of the request. This can only be refused if the company manager justifies the absence of an available job belonging to the employee’s professional category or the absence of equivalent employment or ifAt least once a year, the company manager communicates to the works council or, failing that, to the staff representatives, an assessment of the part-time work carried out in the company, particularly concerning the number, gender and qualification of employees. employees concerned, as well as the part-time working hours practiced and the number of part-time employment contracts giving rise to the right to the reduction provided for in Article L. 322-12. It also communicates the number of additional and overtime hours worked by part-time employees. At the meeting where this report is discussed, the business manager explains the reasons for have resulted in refusing full-time employees to switch to part-time and part-time employees to switch to full-time. This report is also communicated to the company’s union representatives.
The development of time truly “chosen” Barthélémy, Jacques; This, Gilbert, Droit social, n ° 2, 02/01/2002, pp. 135-146
Article L212-4-10
(Ordinance n ° 86-948 of August 11, 1986 art. 10 Official Journal of August 12, 1986) (Law n ° 87-423 of June 19, 1987 art. 4 Official Journal of June 20, 1987) (Law n ° 93-1313 of December 20, 1993 art. 43 III Official Journal of December 21, 1993) (Law n ° 2000-37 of January 19, 2000 art. 12 I Official Journal of January 20, 2000 in force on February 1, 2000)The monthly working time of a part-time employee cannot be reduced by more than a third by using the hours credit to which he can claim for the exercise of mandates held by him within a company. . The possible balance of this credit of paid hours can be used outside the working hours of the person concerned.
Article L212-4-11
(Ordinance n ° 86-948 of August 11, 1986 art. 10 Official Journal of August 12, 1986) (Law n ° 93-1313 of December 20, 1993 art. 43 III Official Journal of December 21, 1993) (Law n ° 2000-37 of January 19, 2000 art. 12 I, VIII Official Journal of January 20, 2000 in force on February 1, 2000)Decrees determine, as necessary, the modalities of application of Articles L. 212-4-2 to L. 212-4-10 either for all professions or branches of activity, or for a profession or a particular branch.
If, in a branch or profession, the practice of part-time work has caused a serious and lasting imbalance in the conditions of employment, decrees, issued after consultation with the organizations of employers and employees concerned, may impose limitations on the employment. recourse to part-time work in the branch or profession concerned.

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