Article 5 of the law of 20 December 2014 relating to the simplification of business life empowers the government to adopt by ordinance provisions relating to the minimum duration of part-time employment contracts established by the law of 14 June 2013.
Ordinance No. 2015-82 of January 29, 2015 relating to the simplification and securing of the procedures for applying the rules on part-time work resulting from Law No. 2013-504 of June 14, 2013 relating to job security was taken on January 29, 2015.
Coming into force on January 31, 2015, this aims to compensate for the silence of the law of June 14, 2013 concerning the situation of employees whose contract provides for a less than 24 hours per week or less than the duration set by branch agreement who wishes to see their working time increased to this minimum duration. Article 1 of the ordinance extends to this hypothesis, the system provided for in the event of a transition from part-time to full-time.
The employee thus benefits from a priority for the allocation of a job belonging to his professional category or an equivalent job. Similarly, if the collective agreement allows it, the employer may offer the employee a job that does not fall within his professional category or a non-equivalent job. Articles 2 and 3 of the order of 29 January 2015 restrict the scope of the provisions relating to the minimum working time. Indeed, these articles specify that this minimum duration is not applicable to contracts of a maximum duration of seven days and to replacement contracts (fixed-term contracts and temporary contracts) of temporarily absent employees.
