Book I: Working hours, rest periods and holidays

When a period of part-time work is envisaged, an amendment to the employment contract sets the duration of this period in accordance with article L. 3123-6. Any extension of the period of part-time work at the request of the employee shall give rise to the signature of a new amendment under the same conditions.

An employee whose employment contract is amended to provide for part-time work may not invoke any right to be re-employed on a full-time basis before the end of this amendment. At the end of the period of part-time work, the employee returns to full-time work with remuneration at least equivalent to that previously paid.

In undertakings with less than three hundred employees, the employer may refuse the leave or the change to part-time work: 1° If, after consulting the Social and Economic Committee, the employer considers that the leave or the period of part-time work will have a detrimental effect on the smooth running of the company; 2° If the employee requests this leave or this period of part-time work less than three years…

The employer may postpone an employee’s departure on leave if such departure would result in the number of employees simultaneously absent or the number of days absent on such leave and on sabbatical leave being excessive in relation, respectively, to the total number of employees and the number of days worked in the company.

In undertakings with at least three hundred employees, the employer may defer the start of the period of part-time work where this would have the effect of increasing the number of employees employed simultaneously on a part-time basis under this section to a level that is excessive in relation to the total number of employees in the undertaking.

The employer informs the employee of its decision regarding the departure date chosen by the latter. If the employer fails to respond within a period set by decree, his agreement is deemed to have been obtained.