On 19 October 2023, the CJEU ruled that if a half-time employee works more than half-time during the day, he or she should be paid overtime for each hour worked in excess of the agreed time. In practice, this means that part-time employees are entitled to additional pay as soon as they exceed the scheduled number of hours worked on a given day.

Previously, employees were only paid a salary for overtime work, without an additional allowance. Only after exceeding the limit of overtime work, which should have been stated in the contract, was the employee paid an allowance. This limit was usually set at a very high level. 

The Court found that this practice led to unequal treatment of part-time employees.  The CJEU also pointed out that a provision of the law that allows part-time employees to be paid differently from full-time employees does not constitute a legitimate derogation from the principle of equal opportunity and the prohibition of discrimination.
 

Find more in the PRO HR November 2023