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Mention of the working time and requalification of the part-time employment contract – Employment contract

The part-time employment contract draws its interest from different circumstances and can be justified in different ways. For the employee, it offers the possibility of combining professional activities, allows a reduction in working time for very often personal reasons and can constitute a palliative to an unsuccessful full-time job search. On the employer’s side, the part-time contract has the advantage of flexibility by adapting working time according to production, especially in the event of economic difficulties. The part-time employment contract nonetheless remains a precarious contractual form. Also, to limit the increase in the number of working poor, the social partners (ANI of 11 Jan. 2013), taken up by the legislator (law n ° 2013-504 of 14 June 2013 relating to job security), have for example established a minimum working week of 24 hours per week for part-time workers. Despite the multitude of derogatory criteria (Labor C., art. L. 3123-7) and the predominance of contractual provisions (Labor C., art. L. 3123-19), this measure is added to all those already intended to regulate the form and content of the part-time employment contract.

As such, Article L. 3123-6 of the Labor Code requires the employer to specify in the contract “the planned weekly or monthly duration and […] the distribution of working hours between …

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