- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 103. [concept of part-time employee]
A part-time employee is an employee whose number of normal working hours, calculated weekly or as a monthly average, is lower than the number of normal working hours of a similar full-time employee.
Art. 104. [definition of part-time individual employment contract]
(1) An employer may hire part-time employees with individual employment contracts of an unlimited duration or limited duration, called part-time individual employment contracts. (2) An individual part-time employment contract shall be concluded only in writing. (3) A similar employee is a full-time employee in the same organization, having the same type of individual employment contract, performing the same or a similar activity as the employee hired under a part-time individual employment contract, with due regard to other issues too, such as the length of service and the qualification/professional skills. (4) When there is no similar employee in the same establishment, the provisions in the applicable collective labour agreement shall be taken into account. When there is no applicable collective labour agreement, the provisions of the legislation in force or the collective labour agreement concluded at national level shall be taken into account.
Art. 105. [special clauses ]
(1) An individual part-time employment contract shall include, besides the elements provided for in Article 17 (2), the following: a) the length of the activity and the distribution of the work schedule; b) the cases when the work schedule may be amended; c) overtime work prohibition, except for acts of God or other urgent works intended to prevent the accidents or to remove their consequences. (2) Should an individual part-time employment contract fail to include the items mentioned in paragraph (1), the contract shall be deemed a full-time contract.
Art. 106. [equal treatment]
(1) An employee hired under a part-time employment contract shall enjoy the rights of the full-time employees, under the terms of the law and the applicable collective labour agreements. (2) The wages shall be paid in proportion to the time actually worked, in connection with the rights established for the normal work schedule. (3) Repealed.
Art. 107. [accessibility of part time employment]
(1) An employer shall, as far as possible, take into account the demands of the employees to be transferred either from a full-time workplace to a part-time workplace, or from a part-time workplace to a full-time workplace, or to extend their work schedule, should such opportunity arise. (2) An employer shall notify in time the availability of part-time or full-time workplaces, with a view to facilitating the transfers from full-time positions to part-time positions and vice versa. Such notification shall be done through an announcement posted at employer’s headquarters. (21) A copy of the announcement provided for in paragraph (2) shall be forthwith forwarded to the trade union or the representatives of the employees. (3) An employer shall ensure, as far as possible, the access to part-time workplaces at every level. |
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