An individual labor contract may be concluded with a part-time norm – the number of normal working hours, calculated weekly or as monthly average, is less than the number of normal working hours of a full-time employee, under Article 103 of the Labor Code.

The defining element of a part-time labor contract is the fraction of time. It will be lower than the standard of 40 hours / week. The minimum limit is not established and any the distribution of the fraction of time. Thus, a part-time labor contract, the fraction of time, either weekly or monthly, may be divided also unequal.

The minimum limit can not be down, however, as an hour a month because:

• The measure of time is the hour, according to legal rules;
• The salary is paid at least once per month, according to Article 166, paragraph 1 of the Labor Code;
• The calculation, the withholding and the payment of social security contributions are made monthly.

The part-time labor contract can be concluded both fo define or indefine period. Like any other labor contract, the part-time one also must contain the required elements referred to in Article 17, paragraph 3 of the Labor Code. The part-time labor contract is concluded in writing in duplicate and contains references to:

• The duration of labor and the distribution of the work program;
• The conditions that may change the work program;
• The interdiction on overtime, except the cases of force majeure or other urgent works to prevent an accident or to remove the consequences of an accident.

Legal note (Article 105 of the Labor Code) Art. 105 (1) The individual part-time labor contract includes, in addition to the items mentioned in art. 17 para. (3) the following: a) the duration of labor and the distribution of the work program; b) the conditions that may change the work program; c) an interdiction on overtime, except the cases of force majeure or other urgent works to prevent accidents or removal of their consequences. (2) In the event that a part-time labor contract has not the specified elements under par. (1), the contract is deemed to be concluded for full time.

The hired part-time employee shall enjoy all the rights of the full-time employees. The only exceptions concerning these rights refer to:

• The salary which, according to the Labor Code, is granted in proportion to the actual worked time, relative to the salary rights established for full-time jobs.
• The contribution period in the unemployment insurance system is set proportional to the time actually worked, by combining placements made under part-time contracts, according to art. 34, paragraph 1^2 of Law no. 76/2002 regarding the unemployment insurance system and the employment stimulation.

The availability of the part-time labor

The Labor Code provides, under Article 107, the employer’s obligation, when possible, to taking into account the demands of full-time employees transferring from part-time or vice versa.

Also, the employer shall inform in time about possible part-time or full-time jobs to facilitate transfers from one norm to another, by posting on the company headquarter and by sending a copy to the union or to the employee representatives.

The employer shall ensure, so far as possible, access to part-time jobs to all levels. At the same time, the initiative of a part-time work can be both employer and employee.

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