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The rules for additional compensation of part-time employees | Pro HR Alert

2023.10.20

The Court of Justice questioned the rules for additional compensation of part-time employees.

  1. Full-time and part-time employees must be treated equally with regard to payment for additional hours of work.
  2. A part-time employee must be paid additional compensation as if it were overtime already for the first hour of work in excess of the scheduled number of working hours on that day.
  3. The Court's judgment challenges Article 151 par 5 of the Labor Code, according to which the parties could have agreed that this additional remuneration is payable only after exceeding a certain number of working hours on a given day (e.g. 8h).
  4. Employees can claim compensation for 3 years back.
  5. For employers with a large number of part-time employees and additional working hours, this could mean high costs.
  6. It is necessary to review the level of financial risk and establish rules for billing hours for the future.