D1d8 - Is an employment contract providing for a minimum and maximum number of hours’ work, which may be as much as 40 hours’ work per week, to be regarded as a full-time contract?

No.

An employment contract providing for a minimum and maximum number of working hours, which may be as much as 40 hours’ work per week is to be regarded as a part-time employment contract, in so far as the weekly period agreed in the employment contract is shorter than the normal working time applicable in the establishment by operation of law or pursuant to the collective work agreement over the same period.

The employer is required to ensure that work is assigned to the employee together with remuneration corresponding to the minimum working period set in the contract and during which the employee is deemed to be in the service of the employer.

Consequently, an employment contract providing for minimum and maximum hours of work, up to 40 hours, is not to be regarded as a full-time contract and the provisions relating to part-time working must be observed.

Last update