ACDC’s Law Department advises:
Question: According to the provisions of the current labour law, how is part-time employment determined? What are the rights of part-time employees? Thank you!
Answer by ACDC’s Law Department:
* Regulations on Part-Time Employments:
As specified under Article 32 of the 2019 Labour Code on part-time employments:
“A part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labour laws, the collective bargaining agreement or internal labour regulations.”
The performance or choice of part-time employment is agreed upon by the employee with the employer when entering into an employment contract, in which the employee's normal working hours shall comply with the provisions of Clauses 1 and 2, Article 105 of the 2019 Labour Code as follows:
- Normal working hours shall not exceed 08 hours per day and 48 hours per week.
- An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.
- The State encourages employers to implement a 40-hour workweek for employees.
* Rights of part-time employees:
Pursuant to Clause 3, Article 32 of the 2019 Labour Code, the part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment; and a safe and hygienic working environment.
Accordingly, the current labour law allows employers and employees to enter into labor contracts for part-time employment. When concluding a part-time employment contract, the employees' rights are guaranteed as full-time employees.
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Above is our advice on your questions.
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