Part-time work: rights and access to jobs
Directive 97/81 prohibits less favourable treatment solely because a worker works part-time. Distinguish proportionate entitlements from unjustified exclusions.
Clause 4 of the framework agreement prohibits less favourable conditions than those of a comparable full-time worker, unless justified on objective grounds. The pro rata principle applies where appropriate. State the proposed working arrangement and check how pay and benefits are calculated.
Clause 5 calls on employers, where possible, to consider requests to move between full-time and part-time work and to provide information on available jobs. A worker refusing to change their working arrangement is not, in itself, a valid reason for dismissal. These European requirements, published on 20 January 1998, do not replace the Belgian formalities specific to part-time contracts and working schedules.