For companies based outside France, hiring employees on a part-time basis can seem straightforward. In practice, French employment law, the Labour Code (Code du travail), sets out a detailed framework that governs every aspect of part-time work: the minimum hours that must be contracted, the content of the written agreement, how additional hours are calculated and paid, and the conditions under which schedules can be modified.
Getting these rules right from the start is particularly important for foreign employers who do not have an established HR function in France. A part-time arrangement that does not comply with the Labour Code, even unintentionally, can be reclassified as a full-time contract, with retroactive cost implications.
This guide sets out the essential rules for employers managing part-time employees in France.
What counts as part-time work under French law
The legal reference duration (35 hours)
Under French law, the statutory full-time working week is 35 hours (Article L3121-27 of the Labour Code). A part-time contract is any arrangement where the agreed working hours are below this threshold, whether calculated on a weekly, monthly or annual basis.
Common configurations include 80% part-time (28 hours per week), half-time (17.5 hours per week), or any other arrangement below 35 hours. Both fixed-term (CDD) and open-ended (CDI) contracts may be structured as part-time.
Weekly, monthly and annual thresholds
The Labour Code allows part-time hours to be organised in several ways:
- Weekly: fewer than 35 hours per week
- Monthly: fewer than 151.67 hours per month (the monthly equivalent of 35 hours per week)
- Annually: fewer than 1,607 hours per year (the statutory annual reference)
The choice of reference period must be clearly stated in the written contract. This matters in practice because it determines how additional hours are counted and how the maximum caps apply.
The written contract: mandatory clauses
What must appear in the contract
A part-time arrangement must be formalised in a written contract, either a standalone part-time employment contract or a written amendment to an existing full-time contract. Verbal agreements are not sufficient.
Under Article L3123-6 of the Labour Code, the written contract must include at minimum:
- The agreed working hours (weekly, monthly or annual)
- The distribution of working time across the week or month
- The conditions and notice period for modifying the schedule
- The limits within which additional hours (heures complémentaires) may be requested
For companies without a French HR structure, ensuring these clauses are correctly drafted is one of the most common pain points. Linking to the right employment contracts framework for France from the outset avoids the need for costly amendments later.
Consequence of missing a written contract
If a part-time arrangement is not formalised in writing, French courts presume the employment relationship to be full-time. This means the employee may claim payment for a full-time salary and working hours for the entire period of employment, regardless of what was agreed verbally. The employer then bears the burden of proving otherwise.
This is a structural risk that is worth eliminating at the contracting stage, not after the fact.
Minimum working hours: the 24-hour rule
The general threshold (24h/week or 104h/month)
French law sets a minimum duration for part-time contracts. Unless an exception applies, the contracted hours must be at least 24 hours per week, or the equivalent if the contract is structured on a monthly or annual basis (104 hours per month).
This threshold exists to protect part-time workers from precarious, fragmentary arrangements. It applies to both CDI and CDD contracts.
When a lower duration is permitted
Several exceptions allow employers to contract below the 24-hour threshold:
- The employee requests a shorter duration in writing, for personal reasons (for example, to pursue studies or manage a second job)
- The employee is under 26 years of age and the shorter hours are compatible with their studies
- A sector-level collective agreement provides for a lower minimum, subject to specific conditions set out in that agreement
When an exception applies, it must be documented in the contract and, where relevant, supported by the employee's written request.
The role of the applicable collective agreement (convention collective)
The minimum duration may be lower than 24 hours per week if the applicable collective agreement (convention collective) for your sector provides for it. Collective agreements can also modify the conditions under which exceptions are granted, the caps on additional hours, and the notice requirements for schedule changes.
Rules may vary depending on the applicable collective agreement, employers should always verify which agreement applies to their business activity and check its specific provisions before structuring a part-time arrangement.
Scheduling and flexibility: employer rights and limits
Communicating working hours to the employee
The distribution of working time across the week or month must be defined in the written contract. Where the schedule varies, the contract must specify the minimum notice period the employer must give before notifying the employee of their working hours, and this period may not be less than three working days, unless the applicable collective agreement sets a different notice period.
Employers cannot simply assign hours on an ad hoc basis. The framework for working time arrangements in France imposes both predictability requirements and strict limits on unilateral modifications. Understanding the broader French working time framework is helpful context for structuring part-time schedules correctly.
Modifying a part-time schedule: conditions and notice
A change to the distribution of working hours (for example, shifting an employee from working Monday–Wednesday to Tuesday–Thursday) constitutes a modification of the employment contract. This requires:
- A minimum notice period as defined in the contract or the applicable collective agreement
- The employee's agreement if the modification goes beyond what was anticipated in the contract
- A written amendment to the contract where the change is permanent
Unilateral schedule modifications that do not respect these conditions may be challenged by the employee as a breach of contract.
Additional hours (heures complémentaires): rules and pay
Additional hours (heures complémentaires) are hours worked beyond the contracted part-time hours, up to the 35-hour full-time threshold. They are distinct from overtime (heures supplémentaires), which applies only once the 35-hour threshold is exceeded.
The 10% cap (and when the one-third limit applies)
By default, the total number of additional hours an employer may request from a part-time employee in a given week (or equivalent period) is capped at 10% of the contracted hours. For example, an employee contracted for 28 hours per week may work up to 2.8 additional hours, meaning a maximum of 30.8 hours in that week.
This cap may be raised to one-third of the contracted hours (approximately 33%) if a sector-level collective agreement specifically provides for it.
Pay uplift: 10% and 25% rates
Additional hours are not paid at the standard hourly rate. The Labour Code requires a pay uplift:
- 10% uplift for each additional hour worked up to the 10% cap
- 25% uplift for each additional hour worked beyond the 10% cap (and up to the one-third limit, if applicable)
These rates apply unless a collective agreement provides for more favourable conditions. They cannot be waived by agreement between the employer and the employee.
The employee's right to refuse
An employee may refuse to work additional hours if:
- They were not informed at least three working days in advance
- The hours would bring their total above the contracted limit for additional hours
- The frequency of requests is deemed incompatible with personal obligations they have declared in advance
A refusal on these grounds cannot constitute grounds for disciplinary action or dismissal.
Pay and benefits: pro-rata principles
Salary calculation (proportional to contractual hours)
A part-time employee's salary is calculated in proportion to their contracted hours relative to the full-time reference of 35 hours. An employee working 28 hours per week (80% of full-time) receives 80% of the equivalent full-time salary.
The minimum wage (SMIC) applies on a pro-rata basis: the hourly SMIC rate multiplied by contracted hours. As of 1 June 2026, the gross hourly SMIC is €12.31 (employers should verify the applicable rate at the time of contracting, as the SMIC is reviewed annually and may be revised by decree at any point).
Paid leave entitlement (unchanged: 2.5 working days per month)
Part-time employees accrue paid leave (congés payés) at exactly the same rate as full-time employees: 2.5 working days per month of actual work, for a total of 30 working days (five weeks) per year. The proportion of hours worked has no effect on leave accrual.
Leave is calculated in working days, not working hours, so a part-time employee who works three days per week uses the same number of leave days per week off as a full-time employee.
Benefits: mutuelle, prévoyance and other entitlements
Part-time employees are entitled to the same benefits as full-time employees, subject to the same conditions:
- Mutuelle (complementary health insurance): mandatory employer contribution applies equally, regardless of working hours
- Prévoyance (disability and life cover): coverage follows the same rules; some sector agreements may provide for prorated contributions depending on hours worked
- Meal vouchers (tickets-restaurant), company car benefit in kind, and other non-salary benefits follow the rules of the applicable collective agreement or company agreement
For companies managing French payroll externally, ensuring benefit entitlements are correctly applied to part-time employees is part of standard French payroll administration.
Switching between full-time and part-time: what the employer needs to manage
Employee-initiated request to reduce hours
An employee may request a move from full-time to part-time work. The employer is not automatically obliged to accept, but must consider the request and respond within a reasonable period. A refusal must be justified by a legitimate business reason.
Where an agreement is reached, the transition must be formalised in a written amendment to the employment contract, specifying the new schedule and effective date.
Employer-initiated part-time: conditions and restrictions
An employer cannot unilaterally impose part-time work on a full-time employee. Reducing an employee's hours constitutes a modification of a fundamental element of the employment contract and requires the employee's express written agreement.
If an employee refuses a proposed reduction in hours, the employer cannot treat the refusal as grounds for dismissal on its own. Any subsequent process must comply with the applicable dismissal rules under French law.
Priority right to return to full-time
An employee who has moved to part-time at their own request retains a priority right to return to a full-time position in the same or equivalent role, when a suitable vacancy arises. The employer must inform part-time employees of any full-time vacancies that become available, in the same role category or in a related role.
This priority right also works in reverse: full-time employees have priority over external candidates for part-time vacancies that match their qualifications.
Part-time work and the convention collective
The rules described in this guide represent the statutory baseline set by the Labour Code. In practice, the applicable collective agreement (convention collective) for your sector may modify several of these parameters, including the minimum contracted hours, the cap on additional hours, the pay uplift rates, the notice period for schedule changes, and the conditions for employee-initiated transitions.
For companies operating in sectors with a strong collective agreement framework (hospitality, retail, healthcare, construction, financial services), it is essential to identify which agreement applies and review its specific provisions before structuring any part-time arrangement.
Rules may vary depending on the applicable collective agreement, what applies in one sector may be significantly different in another.
Managing part-time compliance as a foreign employer in France
For foreign companies employing staff in France, whether directly through a French entity or via an Employer of Record (EOR), part-time work is an area where the gap between intent and legal reality is often significant. Contracts that are not drafted in line with the Labour Code, schedules that are communicated informally, or additional hours that are not tracked and compensated correctly all create exposure that accumulates over time.
Having a French HR and payroll function that understands these obligations, and applies them consistently, is the most reliable way to structure part-time employment correctly from day one.
If your company is hiring part-time employees in France and needs support managing contracts, payroll and compliance, hreact.com provides specialist French HR and payroll services for foreign employers.
