Part-time is defined by reference to a number of hours worked by the employee.
A flat-rate day agreement is defined by a number of days that the employee concerned undertakes to work in the year and the employee's schedules cannot be determined in advance.
Thus, logically, the Court of Cassation judges that a fixed-day agreement, lower than the ceiling of 218 days, is incompatible with the method of counting part-time work.
The day package agreement is therefore not subject to the strict rules governing part-time work: mention of the weekly or monthly duration, distribution of hours between the days of the week or the weeks of the month, etc.
In other words, an employee who concludes a 130-day fixed-rate agreement over the year is not part-time subject to the rules of Article L 3123-6 of the Labor Code.
Cass soc March 27, 2019 No. 16-23.800
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