The part-time work contract concluded by an association is reclassified as a full-time contract when it does not indicate the duration of the employee’s work.
According to the Labor Code, a part-time employment contract must be concluded in writing and mention in particular the duration, weekly or monthly, of scheduled work as well as the distribution of this duration between the days of the week or the weeks of the month .
What are the consequences for the employer when the employment contract does not contain these mandatory information?
In a recent case, an employee was hired as a service agent by an association. His part-time contract did not specify any hours of work. Brought to rule on the requests for reminder of the employee’s salary and bonuses, the Court of Cassation recalled that the absence, in the employment contract, of the mandatory information related to the duration of the work had the effect of reclassifying it as full-time employment contract.
Clarification: the employer could have avoided this requalification by establishing, despite the silence of the employment contract on this point, on the one hand the exact working time, weekly or monthly, agreed with the employee and on the other hand that this the latter could foresee her work rhythm and did not have to be constantly at her disposal. Evidence not reported in this case.
