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Case Law
Part-time work: an amendment to the hours supplement must not bring working time up to the level of the legal duration
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
An amendment to a part-time contract for additional hours shall not bring the agreed working time to the level of the legal or contractual working time.
This is what the Court of Cassation said in a judgment of the Social Chamber on September 21, 2022.
An employee, on a permanent part-time employment contract, signed an amendment with her employer bringing the monthly working time to 152 hours. She therefore asked the judge to reclassify her contract into a full-time employment contract.
The Court of Appeal dismissed the request, finding the amendment to be lawful. It thus refuses to reclassify the contract of employment.
The Court of Cassation quashed the Court of Appeal’s ruling. The judgment holds that the additional hours agreed between the employee and her employer brought the employee’s working time to the level of the legal working time. The contract will therefore have to be reclassified as a full-time employment contract.
Thus, an amendment to the hours supplement for a part-time employee must not have the effect of bringing the duration of work to the level of the legal duration of work.