Article L3123-4 of the French Labour Code
November 7, 2023
An employee’s refusal to work part-time is neither a fault nor grounds for dismissal.
An employee’s refusal to work part-time is neither a fault nor grounds for dismissal.
When an employee who has reached the age stipulated in the first paragraph of article L. 161-22-1-5 of the Social Security Code asks to work part-time, he must send his request, under conditions set by decree, to the employer. In the absence of a written and reasoned response within two months of receipt of the request, the employer’s agreement is deemed to have been obtained. The employer’s refusal is justified…
Part-time employees benefit from the rights granted to full-time employees by law and by company or establishment agreements, subject, as regards conventional rights, to specific terms provided for by a collective agreement. The trial period for a part-time employee may not be longer than that for a full-time employee. Taking into account the length of time worked and seniority in the company, the remuneration of a part-time employee is proportional…
A part-time employee’s contract of employment must be in writing. It shall state : 1° The employee’s qualifications, the elements of remuneration, the planned weekly or monthly working time and, except for employees of home help associations and companies and employees covered by a collective agreement concluded in application of article L. 3121-44, the distribution of the working time between the days of the week or the weeks of the…
Part-time employees benefit from a minimum weekly working time determined in accordance with the terms and conditions set out in articles L. 3123-19 and L. 3123-27. The first paragraph of this article does not apply: 1° To contracts lasting no more than seven days ; 2° Fixed-term contracts concluded under 1° of article L. 1242-2 ; 3° Temporary employment contracts concluded under 1° of article L. 1251-6 to replace an…
Additional pay is paid for each hour of overtime worked.
Overtime may not have the effect of increasing the working time of a part-time employee to the level of the legal working time or, if it is lower, to the level of the working time set by agreement.
Refusal to work the overtime proposed by the employer beyond the limits set by the contract does not constitute misconduct or grounds for dismissal. The same applies, within these limits, if the employee is informed less than three days before the date on which the overtime is to be worked.
Any change in the distribution of working hours between the days of the week or the weeks of the month shall be notified to the employee, giving sufficient notice.
Where the employer asks the employee to modify the distribution of his working hours, even though the employment contract has not provided for the cases and nature of such modifications, the employee’s refusal to accept this modification constitutes neither misconduct nor grounds for dismissal. When the employer asks the employee to modify the distribution of his working hours in one of the cases and according to the procedures defined in…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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