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Part-time contract: What you haven't been told

Labor Law
Part-time contract: What you haven't been told
What is the part-time contract? 

A part-time employment contract is one in which the working hours are less than the ordinary working hours provided for by law or in the collective agreement. 

The legal regime applicable to these contracts is the least number of hours worked, while part-time workers have the same rights as the rest, unless expressly justified by the reduced working hours.

The Workers' Statute insists that differences between full-time and part-time workers must always be exceptional and provided for by law or convention. 

From our office https://www.forcamabogados.com/, we are right if we state that the part-time contract will be carried out when the working day is less than that of a full-time worker, understanding as such a worker of the same position or professional category with the same type of contract and in the same company.

What types of part-time contracts are there?

There are TWO modalities; the relief contract and the contract for permanent-discontinuous workers of a stable nature.

Can it be combined with other types of contract?

The answer is yes, the part-time contract can be combined with other types of employment contract.

It may be concluded for an indefinite period or for a fixed term, except in the case of training or apprenticeship contracts, because of the requirement to devote part of the working day to theoretical training.

How can a part-time contract be made? 

The contract must be in writing, stating the number of hours contracted per day, week, month or year and their distribution. 

It is not necessary to define the hours in which the work is to be done, unless otherwise defined in the collective agreement. 

This gives wide flexibility to the employer to adapt the provision of services to the needs of production. 

Can part-time workers work overtime? 

Part-time workers are prohibited from working overtime, although they may agree to work additional hours, i.e. hours in addition to their normal working hours that may not exceed 30% of the working hours agreed in their employment contract. 

This limit may be extended by collective bargaining to a maximum of 60% of the agreed working day, while the distribution of these hours is extremely flexible, with the Workers' Statute requiring only that the worker be given at least three days' notice, unless the agreement provides for a shorter period.

Is it possible to change from a full-time contract to a part-time one? 

Yes, a full-time contract can be converted into a part-time one, although the express acceptance of the employee must first be obtained.

Contact us, and our lawyers specializing in labour law will study your specific case. 

At Forcam Abogados we have offices in BarcelonaMadrid and Reus.