ARTICLE · 29 SEPTEMBER 2021

Part-time Employee: Beware Of "express" Reclassification As A Full-time Contract

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When a part-time employee exceptionally works more than 35 hours in a week, his/her contract must be reclassified as a full-time contract, even if the number of working hours provided for in his/her contract is fixed on a monthly basis.

FranceEmployment and HR

When a part-time employee exceptionally works more than 35 hours in a week, his/her contract must be reclassified as a full-time contract, even if the number of working hours provided for in his/her contract is fixed on a monthly basis.

Article authored in collaboration with Matthieu Blaschczyk

For the first time, to our knowledge, the Cour de Cassation (French Supreme Court) has clarified what is meant by the notion of statutory working time duration for a part-time employee whose working hours are set on a monthly basis.

In the case at hand, an employee was hired on a part-time basis for 50 working hours per month. Having worked 36.75 hours during the first week of the month, he brought an action before the Labor Court to have his part-time employment contract reclassified as a full-time contract, effective as from that particular month.

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