Part Time Employment
Related Legislation:
Chapter 452 – Employment and Industrial Relations Act, 2002
L.N. 427 of 2002 – Part-Time Employees Regulations, 2002
Organisation of Working Time Regulations
1. Who is deemed to be a part time employee?
A part time employee is an employee whose normal hours of work calculated on a weekly basis or on an average period of employment of up to one year, are less than the hours of work of a comparable whole time employee and who is not a whole time employee with reduced hours.
2. What is a comparable employee?
A comparable employee is a whole time employee in the same establishment who is engaged in the same or similar work or occupation, due regard being given to other considerations including seniority, qualifications and skills.
3. What is the distinction, if any, between a part timer and a whole timer with reduced hours?
A whole time employee with reduced hours is an employee who in agreement with the employer works for less than the number of hours applicable to a whole timer, provided that such employment is the principal employment of the employee in respect of which social security contributions are paid. This might be a temporary arrangement.
4. Is the probationary period applicable to part time employees?
Yes. The EIRA does not distinguish between part time and full time employees given that it clearly states that the first six months of any employment are probationary.
5. Are notice periods applicable to part time employees?
Yes. Article 36 of the EIRA does not distinguish between part time and full time employees. The same provisions apply.
6. Do the employers’ obligations vary if the part time employment is the sole/principal employment or additional employment?
All employees including part timers are eligible for all entitlements, bonuses and benefits pro rata temporis, that is based on the average number of hours worked.
7. Do part time employees have any entitlements?
See 6 above.
8. Do part time employees pay National Insurance Contributions? If yes how much?
If the part time employment is the principal employment then the employee has to pay NI Contributions. By means of Budget 2007 the employee is entitled to choose whether to pay 10% of wages earned or a flat rate which is the same rate applicable to full time employees not exceeding the national minimum wage.
Part time employees do not pay NI Contributions in their secondary employment.
9. What is principal employment?
Principal employment means that employment in respect of which social security contributions are payable under the Social Security Act. Employees who have more than one employment are obliged to pay social security contributions in that job where they work the most basic hours. (i.e. excluding overtime.)
10. Does the employer of a part time employee pay NI Contributions?
The employer always has to pay NI contributions for his employees if it is the employee’s principal employment and the employee is paying social security contributions in that employment. However with respect to employees who earn less than the minimum wage, the employer is obliged to pay the flat rate applicable to those earning the minimum wage, whilst the employee has the option of either paying the flat rate applicable to those earning a minimum wage or paying 10% of the earning.
11. Should part time employees have a written contract of employment?
Yes in accordance with local legislation, all employees should have a written contract of employment. (See the chapter on contracts of employment)
12. Can the employer terminate employment of a part time employee?
The employer has vis-a-vis part timers the same rights and obligations applicable to whole/full timers. Therefore the employer may terminate employment of a part time employee during the probationary period without assigning any reason. Nevertheless on the expiry of the probationary period the employer may only terminate for good and sufficient cause. A part time employee has the right of recourse at the Industrial Tribunal.
13. What happens if there are internal calls for full time employment?
In accordance with L.N. 427 of 2002, the part time employee has to be notified by the company of such vacancy.
14. What happens if there are external calls for full time employment?
The same provisions apply. In accordance with L.N. 427 of 2002, the part time employee has the right of first preference.
15. What happens if the part time employee rejects an offer for full time employment?
Rejection of an offer for full time employment does not constitute a valid reason for termination of employment or any form of discrimination/victimisation.
16. Can the employer offer part time workers less favourable conditions of employment than comparable full time employees?
No. The Equal Pay for Work of Equal Value principle applies vis-a-vis a comparable employee.
17. Can the employer offer part time employees more favourable conditions of employment than comparable full time employees?
No. The Equal Pay for Work of Equal Value principle applies vis-a-vis a comparable employee.
18. In the case of redundancies should the employer differentiate between part time and full time employees?
The law does not differentiate between part time and whole time/ full timers. Therefore the ‘last in first out principle’ applies within each category of employees irrespective of whether the employees are full or part timers and regardless of whether it is the principal or secondary employment.
19. Can a full time employee have part time employment with the same employer?
No. Any additional hours worked for the same employer shall be deemed to be overtime, payable at overtime rates and not part time employment even if the two jobs are distinct from each other.
20. Can an employee have two part time jobs with the same employer rather than one full time job?
This question arises when employees are employed with two or more companies having the same owners/shareholders. In such cases, this is legal because the companies are separate juridical persons.
It is to be noted, particularly in some service sectors, that employers have engaged persons doing similar work in more than one company. By means of Legal Notice 17 of 2010 even employees in secondary employment shall accrue benefits and entitlements.
21. Can part time workers be given a definite period contract?
Yes. The same regulations applicable to full time employees still apply to part timers.
22. Can part time employees on an indefinite contract be offered full time employment for a definite period of time? Would the employee have any entitlements?
If there is mutual agreement then the number of hours may be extended provided that the employee gets pro rata entitlements, benefits, bonuses etc.
23. What happens in the case that a part time employee has an occupational injury in employment which is not the principal employment?
For the purpose of social benefits, the Social Security Department does not consider this as injury in the part time employment but as sickness in the principal employment.
