Refusal to convert a part-time contract into a full-time contract for an employee subject to a year-round working time regime.
- ptruche
- Feb 18, 2024
- 2 min read
Cass.Soc. February 7, 2024 No. 22-17696
With a ruling of February 7, 2024 (No. 22-17696), the Court of Cassation clarified that the part-time worker could not take advantage of the excess of her working hours to request the reclassification of her contract in a timely manner, converting her contract into a full-time contract, provided that her annual working hours were shorter is the duration provided for in the agreement on company working time organization.
In the present case, the employee had a part-time employment contract of 70 hours per month and was subject to the company's working time agreement for part-time employees.
After leaving work, the employee submitted an application to the labor court for the conversion of her part-time contract into a full-time contract and for additional payment based on the number of additional hours worked beyond the weekly work schedule.
The judges rejected their applications on the grounds that the collective agreement on the adjustment of the applicable working hours provides for deviations of 0 to 20% of the working hours corresponds to the monthly standard plan and the working hours of part-time employees are less than 1,600 hours “.
The employee then filed a cassation appeal, claiming that the additional hours worked resulted in an extension of her working hours beyond the usual duration and therefore requested that her contract be reclassified as a full-time contract as of this irregularity.
The Court of Cassation, in accordance with Article L. 3123-9 of the Labor Code, confirms the decision of the trial judges and considers that if the weekly overtime hours ", The employee has not proven that the hours worked resulted in an excess the contractually agreed annual working time of 1,600 hours, so that her application to convert his part-time contract into a full-time contract is unfounded.
This decision is an extension of the jurisprudence of the Supreme Court, which had already ruled that neither an excess of the contractual working hours over the year nor a failure to comply with the limit of one third of the working hours set in the collective agreement and the works agreement justifies the reclassification in itself of the part-time contract into a full-time contract because the employee's working hours have not been increased to an equivalent level up to or greater than the statutory weekly duration or the conventionally established duration.
In other words: Only when the statutory weekly or annual working hours are exceeded will the part-time contract be converted into a full-time contract.
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