The Labour Code makes it clear that the employment contract must, among other things, specify:
- the normal daily or weekly working time; and
- the normal work schedule.
In the case of part-time, working, the employment contract must also specify the weekly period of work agreed between the parties and the arrangements for dividing the working time between the days of the week.
By virtue of the provisions of the Labour Code, the employment contract must therefore mention the employee’s daily or weekly working time.
An indication in the employment contract of a minimum/maximum number of weekly hours or an indication of the minimum threshold, instead of an indication of the fixed weekly working period, is however also permitted.
A number of judicial decisions in fact accept the validity of clauses stipulating a variable working time.
Examples
Thus, a clause may provide for working time of 30 to 40 hours’ work.
In this case, the employer may decide to increase the working time up to 40 hours of work without there being any question of overtime.
It is important to note that the employer is required to remunerate the employee for a minimum of 30 hours, even in the absence of sufficient work.
Nota Bene
It is to be noted that in the present case, the rules on part-time working must also be observed.
However, clauses providing for an excessive margin cannot be allowed.
Examples
An employment contract providing for working time of between 10 and 40 hours
or discretionary clauses conferring all power on the employer.
Examples
A clause enabling the employer to decide whether or not he needs the employee.