Employment contract for part-time employees

Part-time employees make up a large and important part of the Danish labour market, from student jobs and casual day work to permanent part-time positions in retail and healthcare. Yet many employers disregard the special rules that apply to part-time employees, or they use full-time templates and forget to adapt the terms.

This guide runs through the most important requirements for the employment contract for part-time employees and the special rights the law gives them.

Note: Rules for part-time employees can vary depending on the collective agreement and industry. This guide gives a general overview. Contact an employment adviser for specific questions.

What is a part-time employee?

A part-time employee is an employee who works fewer hours than a comparable full-time employee in the same company or industry. There is no fixed statutory definition of what part-time is, it is typically determined in relation to the normal full-time norm in the company (for example 37 hours a week).

Part-time employees are often divided into:

• Permanent part-time employees: permanently employed with a fixed, agreed number of hours below full-time (for example 20 hours/week)
• Hourly employees: employed to work on demand, with a variable number of hours
• Student employees: employed part-time alongside their studies

Is a written contract required?

Yes. The employment-certificate law applies to part-time employees who work more than 3 hours a week on average over a 4-week reference period. These employees are entitled to a written employment certificate with the same information as full-time employees.

For hourly employees who work "on demand" without a fixed weekly number of hours, the law applies if they de facto work more than 3 hours/week on average. Many employers forget this and hire hourly employees without a contract, which is a breach.

What must the contract contain?

The part-time contract must contain the same information as a full-time contract. The most important points:

Working hours

The contract must state the weekly number of hours clearly. For part-time employees:

• Fixed hours: state the precise number of hours per week (for example "20 hours weekly")
• Variable hours: state an average or a range (for example "10-30 hours weekly")
• Predictable working hours: since 2023 the contract is required to state the ranges of variation if the working time varies

If the employee has a zero-hours contract, this must be stated clearly. The EU Working Conditions Directive (implemented in Danish law in 2023) gives employees the right to request more predictable working hours after 6 months.

Salary

The salary for part-time employees must be stated clearly, either as an hourly wage or as a monthly salary for the agreed number of hours. Part-time employees are entitled to pro-rata pay relative to full-time employees, unless objective reasons dictate otherwise.

Pension

Pension contributions are as a rule calculated on the actual salary. Note that collective agreements can require minimum contributions that do not scale 1:1 with hours.

Holiday

Part-time employees accrue holiday in the same way as full-time employees. The holiday allowance is calculated as 12.5% of the earned salary, corresponding to 2.08 holiday days per month of employment (25 days a year).

The Part-Time Act, equal treatment with full-time employees

Denmark has implemented the EU Part-Time Directive in the Part-Time Act. It ensures that part-time employees must not be treated less favourably than comparable full-time employees, unless there are objective reasons.

This means that part-time employees as a rule have the same rights as full-time employees in relation to:

• Access to further training and courses
• The ability to apply for vacant full-time positions
• Calculation of seniority
• Notice period (calculated proportionally)
• Access to staff benefits (pro-rata)

The pro-rata principle

The pro-rata principle means that part-time employees get a proportionate share of full-time employees' rights. Example: an employee who works 50% of the time is entitled to half as many bonus days, half as many care days, etc., unless the contract states otherwise.

Moving from part-time to full-time

A part-time employee who wants to increase their hours has the right to be informed of vacant full-time positions. There is, however, no automatic right to a transfer, unless it is agreed in the contract or a collective agreement.

The move from part-time to full-time must be agreed in writing in an amended contract. Remember to update:

• Weekly working hours
• Salary
• Any changes to the placement of working hours

Dismissal of a part-time employee

The notice periods for part-time employees follow the same rules as for full-time employees:

• Salaried employees: notice under the Salaried Employees Act based on seniority
• Non-salaried employees: notice under the collective agreement or individual agreement
• Hourly employees: often no notice requirement, but check the collective agreement

A part-time employee who is a salaried employee (including office, commerce, IT) has the same long notice periods as a full-time salaried employee. This is often overlooked.

Sickness benefit and parental leave for part-time employees

Sickness benefit

Part-time employees are entitled to sickness benefit if they meet the employment requirement. From the employer (the first 30 days) it requires employment for the last 8 weeks and at least 74 hours of work in that period. From the municipality it requires at least 240 hours of employment within the last 6 calendar months (and at least 40 hours in at least 5 of the months). The calculation is based on the actual salary and hours.

Parental leave

Part-time employees have the same parental-leave rights as full-time employees. The parental-leave benefit is calculated on the basis of the actual salary and hours, subject to a maximum.

The most common mistakes in part-time contracts

1. Using a full-time template without adaptation A full-time template that, for example, states "37 hours weekly" without being adapted is not a correct part-time contract.

2. No statement of the number of hours For hourly employees with variable hours: state a range. "Working hours are agreed on an ongoing basis" is not enough.

3. Forgetting the employment-certificate law for short-term staff Student assistants and seasonal staff over 3 hours/week on average are entitled to an employment certificate. Many employers forget this.

4. Incorrect salary calculation Make sure the part-time salary corresponds to the proportionate full-time salary, unless the collective agreement gives a different minimum wage.

Create an employment contract with LegalDock

With LegalDock you create a correct employment contract for your part-time employee, tailored to the agreed number of hours, salary terms and industry. The template covers all the requirements of the 2023 employment-certificate law.

See the employment contract template