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Part-time work

What is part-time work?

Part-time work is defined as a situation where the normal working hours agreed in an individual contract are less than the normal working hours laid down by law or in a collective agreement.

When does part-time work involve extra work or overtime?

Should the number of working hours subsequently be changed, such an agreement must be in writing. If the agreed working hours are exceeded, this is not referred to as ‘overtime’ but as ‘additional work’. Part-time staff are only obliged to work additional work if a corresponding obligation is provided for in the employment contract, if there is an increased need for work, and if there are no legitimate interests on the part of the employee that would preclude this. Since 2008, a 25 percent premium has also been payable for additional work, unless time off in lieu is provided within certain time limits or the collective agreement provides for a standard weekly working time of less than 40 hours for full-time employees, provided that no premium is set for additional work for these full-time employees.

Overtime – and therefore a 50 percent premium – may be payable to part-time staff if, for example, they work a ninth hour in a day or a 41st hour in a week.

How much holiday entitlement does a part-time employee have?

A part-time employee accrues their annual holiday entitlement on a pro rata basis, in the same way as a full-time employee. The amount of holiday entitlement applicable to full-time employees must therefore be calculated on the basis of the number of working days actually worked for the employer.

Example: A part-time employee works full-time on two days a week. It can therefore be assumed that their holiday entitlement amounts to two-fifths of the statutory entitlement (two-fifths of 25 days, which is ten days).

Although the calculation of holiday entitlement in hours is commonly used in practice, it is not provided for by law. Short-time work must be distinguished conceptually from part-time work.

Learn more about our employment law practice area. Please feel free to contact us for further information.