Overtime for part‑time employees
Part‑time employees have traditionally received regular hourly pay for additional hours and only overtime pay once they exceeded the full‑time work. After two EU Court of Justice rulings, however, employee organizations have argued that overtime should apply from the very first extra hour. A district court recently ruled in favor of a part‑time employee on this basis, creating uncertainty for employers and a risk of substantial retroactive payment claims.
To reduce this risk, it may be wise to follow NHO’s recommendations:
- Avoid offering extra shifts to part‑time employees
- Use on‑call workers who do not have a fixed employment percentage
- Use hired staff from staffing agencies
- Review all permanent employees’ contracted working hours to ensure they reflect their actual working time
More information is available here: