France: Part-time workers in France - new restrictions for employers

With effect from 1 January 2014, any new contracts of employment for part-time workers cannot be for less than 24 hours per week (other than for certain limited exceptions).

The exceptions are for the following:

• employees who have expressly asked to work less than 24 hours per week;
• if a branch agreement nationally is entered into between employee and employer representatives to alter this minimum time period (currently few such agreements are in place);
• employees under 26 years;
• temporary staff;
• employees of private individuals.

With effect from 1 January 2016, the minimum working hours will apply to all contracts (i.e. including those already entered into).  However, in the meantime, employees working less than 24 hours from 1 January 2014  can now request an increase in their hours.  The employer can only legitimately refuse such request if it can show that the refusal is justified by economic reasons.

The daily working time may not include a break of longer than 2 hours (e.g. employees who work morning and afternoon shifts may not have more than 2 hours break between the two working periods per day).

With effect from 1 January 2014, overtime must be paid at the rate of 110% of the usual hourly salary for the first 10% of time over the usual working time (i.e. for an employee working 24 hours per week, the first 2.4 hours of overtime are paid at 110%) and thereafter at 125% (unless a branch agreement provides otherwise and limited to 1/3 of the total usual working hours).

Article written by Emma Rohsler, Of Counsel.