Advantages of the part time contract

The part-time contract is defined as the one held by a worker who performs a benefit during a number of hours a day, a week, a month or a year less than the worker who performed a comparable full day. In practice, to know if a worker has a partial or complete contract, the reference time established in the collective agreement is taken, or in the absence thereof, the 40 weekly hours of average annual computation established by the Workers' Statute. In part-time contracts, a coefficient is established -which we can check in the work life report- that establishes the percentage of the full-time work. For example, a worker who performs a day of 20 hours a week, will have a coefficient of 50% of the day if it were 40 hours a week.

The contract of a Contingent Employment worker must necessarily be made in writing indicating the number of ordinary hours of work per day, week or month per year and its distribution. All types of contracts can be made except for a contract for training and learning.

Rights of workers

In principle, workers will have the same rights as full-time workers. However, the contract has some peculiarities regarding the day to be carried out and regarding the right to receive from the state future benefits that we explain later. The worker can not perform overtime, except for those to prevent or repair accidents and other extraordinary and urgent damages.

Advantage: Record of the working day

The day of the part-time workers will be registered every day and will be totalized monthly giving a copy to the worker together with the receipt of salaries. This monthly record must be kept by the employer for a minimum period of four years. This obligation of the employer and worker's right will allow you to accredit and claim those hours that are carried out over the agreed working day in the work contract, as indicated above.

Conversion to full-time contract The conversion of a part-time to full-time contract will always be voluntary for the worker, and may never be imposed unilaterally by the employer. " The conversion of a full-time job into a partial job and vice versa will always be voluntary for the worker and can not be imposed unilaterally"

Disadvantage: modification of the day Related to the above, a part-time worker can not be converted to full-time, unless there is an agreement with the worker, but you can change the working day through the procedure of substantial modification of working conditions. On the other hand, a full-time worker can never be modified unless it is through a temporary ERTE or by mutual agreement between the employer and the worker. For example, a worker who carries out a 20-hour work week may modify his working day to 10 hours or 30 hours a week, without prejudice to the worker being able to request the termination of the employment relationship or to challenge the business decision. In any case, you can never modify it to 40 hours a week, since it would be a full-time contract, unless there is agreement to modify the day with the employer.

Disadvantage: contribution to unemployment, retirement and other Social Security benefits

One of the clear disadvantages of the part-time contract is the contribution made to the different Social Security benefits that is less than what a full-time worker would do. Therefore, the worker can sign a special agreement of the Social Security. A special agreement is an agreement between the Social Security and the worker through which the worker, paying a fee, complements or quotes the different benefits to be entitled in the future to retirement or permanent disability.

Unemployment benefit

Unemployment benefit will be charged according to the contribution base for the last six months. nevertheless, the maximum and minimum limits will be calculated according to the coefficient of partiality in relation to the full day.

Unemployment benefits

The unemployment benefit, normally € 426, is charged according to the last working day before applying for the benefit. For example, if you work part-time you will be entitled to half of the subsidy, € 213.