Employment rights of part-time workers

Rules

When can a part-time worker can be compared to a full-time worker?

A part-time worker can be compared to a full-time worker when:

• The part-time worker performs the same work as the full-time worker under the same or similar conditions (or both workers are interchangeable with the other in relation to the work).
• The work performed by one of the employees is of the same or a similar nature to that performed by the other worker. In addition, any differences between the work performed or the conditions under which it is performed by each worker are either of little importance in relation to the work as a whole, or occur so irregularly as not to be insignificant

and

• The work performed by the part-time employee is equal or greater in value to the work performed by the other employee concerned.

A part-time agency worker can only compare himself or herself to a comparable full-time employee who is also an agency worker. Likewise, a part-time employee, who is not an agency worker, cannot compare themselves to a full-time agency worker.

When can a part-time worker can be treated less favourably than a full-time worker?

A part-time employee can be treated less favourably than a comparable full-time employee where such treatment can be justified in two circumstances:

• Where the part-time worker's less favourable treatment can be justified on "objective grounds"
• Pensions

"Objective grounds" for less favourable treatment

"Objective grounds" for treating a part-time worker less favourably than a comparable full-time employee are based on considerations other than the status of the employee as a part-time worker. These grounds occur where the less favourable treatment is necessary for the purpose of achieving a legitimate objective of the employer.

However, what may be not considered as objective grounds in relation to less favourable treatment of a part-time employee may be considered objective grounds in relation to a casual part-time employee. (Casual employees are those with fewer than 13 weeks' service who are not in regular or seasonal employment or are casual based on a collective agreement to that effect.)

Pensions

A part-time employee who normally works less than 20 per cent of the normal hours of the comparable full-time employee can be treated in a less favourable manner with regard to a pension scheme or arrangement. However, this provision does not prevent an employer and a part-time employee from entering into an agreement whereby the part-time employee receives the same pension benefits as a comparable full-time employee.

Part-time workers and overtime

Part-time workers are entitled to overtime if the full time employee to which they compare themselves is paid overtime after working his/her maximum hours per week.

In order to claim overtime however, your employer can determine that part-time employees must work the same number of hours as a full-time employee before you can claim overtime. (In other words, if full time employees must work a 39 hour week before overtime rate of pay is paid, then your employer can state that part-time employees must work the same number of hours). In this case, if you work 20 hours per week, any hours worked between 20 and 39 hours must be paid at the normal rate.

It's useful to bear in mind also, that employers in Ireland are not required by law to pay employees higher rates (i.e., 'double time') for work completed in overtime. You must however, receive at the very least, your normal hourly rate of pay for overtime.

Access to part-time work

An employer is not obliged to provide access to part-time work to his or her employees. The Code of Practice on Access to Part-Time Working (pdf) aims to encourage employers and employees to consider part-time work and to provide guidance on procedures to improve access to part-time work for those employees who wish to work on a part-time basis.

Penalisation of part-time employees

An employer is prohibited from penalising a part-time employee on the grounds that:

• The employee exercised or proposes to exercise his/her right not to be treated in a less favourable manner than a comparable full-time employee in relation to conditions of employment
• The employee,in good faith, opposed by lawful means an act that is unlawful under the Protection of Employees (Part-Time Work) Act
• The employee refused to accede to a request by the employer to transfer from performing full-time work to performing part-time work or vice versa

or

• The employee gave evidence in any proceedings under the Protection of Employees (Part-Time Work) Act or gave notice of his or her intention to do so or to do any other thing referred to in the bulleted points mentioned above.

Penalisation: The following actions are considered to be penalisations of the employee:

• The dismissal of the employee
• An unfavourable change in the conditions of employment of the employee
• Unfair treatment of the employee, including selection for redundancy
• Any other action that is prejudicial to the part-time worker's employment.

Employers will not be considered to have penalised a part-time employee in certain circumstances. For example, in relation to a request by the employer that the employee transfers from full-time work to part-time work (or vice versa) when the following conditions are met:

• The employer must have substantial grounds both to justify the making of the request and for taking any action after the employee's refusal to transfer from full-time work to part-time work or vice versa
• The taking of the action is in accordance with the employee's contract of employment and the provisions of employment rights legislation

Protection against penalisation: if an employee has less than one year's service and is dismissed within the meaning of the Unfair Dismissals Acts 1973 to 2007, he or she may refer a case to a Rights Commissioner under this Act.