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Part-time: How to change full-time assumption in the absence of a written contract?

Establish part-time employment contracts for your employees in writing. Add a limited number of references, including:

  • Permanent employment contract (CDI) term sample part-time weekly or monthly
  • Working hours on weekdays or between weeks of the month (except for associations and housing agencies and employees, which are subject to a collective agreement relating to the regulation of working hours for more than one week).

You can download our part-time CDI sample from our document ” Manage ACTIV staff “Below.

In the absence of a written agreement, you will be liable for penalties for breach of 5e Class (1500 euros). This applies to every employee involved.

On the other hand, your employees are considered full-time employees. They may then be asked to convert their part-time work into a full-time job. You also express the need to give them full-time pay back and paid leave.

However, the Cassation Court traditionally considers this to be only a simple assumption. So you can provide evidence instead. To do this, you must prove:

  • Agreed weekly or monthly working hours;
  • And that employee is not placed in a position where he cannot predict at what speed he will have to work, so he does not have to be at your disposal constantly.

Therefore, the simple fact of proving that the average working time of an employee is less than the full-time working hours is not sufficient to avoid reclassifying the contract full time. This has been confirmed by the Cassation Court by a recent judgment.

In the case filed in the Court of Cassation, an employee was hired on a part-time basis. The written employment contract was not signed by the parties. After he was fired, he took over the industrial tribunal seeking to restructure his full-time contract. And put forward demands for the provision of paid and related paid leave.

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His request was rejected. The Court of Appeals held that the employer provided evidence that he had worked part-time rather than full-time. The components paid for the discussion show that on average, the employee worked 56.96 hours a month on a part-time basis.

Furthermore, it assumes that the employee is not placed in a position where it is impossible for him to predict the speed at which he should work, and therefore he is not obligated to be permanently at the disposal of his employer. .

The Court of Cassation ruled against the Court of Appeal. It is reminiscent of the formalities imposed by the Labor Code for the establishment of part-time contracts. As well as penalties for ignoring these requirements. Conditions required to change the full-time assumption. Specific weekly or monthly deadlines agreed. However, in this case this evidence was not provided by the employer. The Cassation Court therefore referred the case to another appellate court to reconsider these points.

Cour de cassation, social chamber, May 25, 2022, n ° 21-10.087 (In the absence of written documentation of the duration of the work and its distribution, the work is considered full-time. , The employee is not placed in an inability to predict at what speed to work, and he does not have to stay with the employer)