Apr 8, 2025
Part-time employees' right to a position corresponding to actual working hours – Rules and practice
Many part-time employees regularly work beyond their agreed employment percentage without formalizing this into a larger position. The Working Environment Act §§ 14-4a and 14-4b give part-time employees the right to have their position size adjusted to the actual work performed. This provision strengthens the protection of part-time employees and ensures consistency between formal position size and actual workload.
The rules complement the priority right in the Working Environment Act § 14-3, which gives part-time employees priority in new hires. When no new hires are made, but part-time employees still regularly undertake extra work, § 14-4a applies.
Conditions for claiming an expanded position
For a part-time employee to have the right to a position equivalent to the actual working hours, the following conditions must be met:
1. Work beyond agreed working hours
The employee must have carried out work beyond what is stated in the employment contract. This can be extra shifts or other additional work that supplements the fixed employment percentage. The reason for the additional work is irrelevant to the assessment.
It is important to note that work performed as a formal temporary employment in addition to the main position is excluded from this provision. The provision only covers additional work that is not regulated by a separate employment contract.
2. Regular extra work over twelve months
The additional work must have been performed "regularly" over a period of twelve months. What is considered "regular" is based on a specific discretionary assessment, where the following elements are key:
Frequency: How often the extra work is performed
Extent: How many hours the extra work constitutes
Stability: How evenly distributed the extra work is throughout the period
There are no strict requirements for the extra work, but according to the practice of the Dispute Resolution Board, there will be some relativity between the elements:
Low extent requires higher stability
Extra work corresponding to less than 10% of a position must be evenly spread over the period
It is not required that the work is performed weekly
The calculation period of twelve months is counted from the time the employee made their claim. There are no formal requirements for how the claim is presented, but the employer is obligated to keep records of actual working hours, and payslips and work schedules can be used as documentation.
3. Continued need for extra work
Even if the above conditions are met, the employee does not have the right to an expanded position if the employer can document that the need for extra work no longer exists. The employer must be able to show that the need for extra work will decrease or disappear in the near future.
This can be justified, for example, by:
Completed or planned reductions in staff
Probable layoffs
Other organizational changes that reduce the need
If the need is only reduced, not disappeared, the employee is entitled to a position corresponding to the remaining need.
What does the right to an expanded position entail?
When the conditions are met, the employee has the right to "a position corresponding to the actual working hours." This entails:
Position size
The position size is determined, as a starting point, through an average calculation of the extra work during the calculation period, but some discretion can be applied. "Full position" represents an upper limit for what can be claimed.
Workplace and assignments
The expanded part of the position should, as a starting point, reflect the content of the extra work performed during the calculation period. This means that:
The employee can only claim a workplace corresponding to where the extra work was performed
The timing of work must correspond to when the extra work was performed
If the extra work was performed in departments other than the main position, the employee must accept that this continues
"All or nothing"
The employee's right includes, in principle, the entire expansion, not parts of it. The employee cannot choose a smaller position size than the actual extra work indicates unless agreed with the employer.
Dispute resolution and legal effects
Disputes about the right to a position corresponding to actual working hours should first be addressed by the Dispute Resolution Board. The case cannot be brought to the courts before it has been heard in the board.
If the board finds that the conditions are met, it shall, at the employee's request, issue a ruling for employment in a position corresponding to actual working hours. Unlike the rules on priority rights and temporary employment, there is no reservation of unreasonableness. This is because the employer's interests are considered protected through the possibility of documenting that the need for extra work no longer exists.
Practical advice for employers
To manage the rules on the right to a position corresponding to actual working hours, employers should:
Keep accurate records of part-time employees' actual working hours
Regularly assess staffing needs and proactively offer expanded positions when extra work becomes systematic
Document temporary needs for additional help to be able to show that the need is not permanent
Be aware of "venting" - arranging interruptions in extra work to circumvent the rules can be seen through
Benefits of formalizing actual working hours
There are several benefits to formalizing part-time employees' actual working hours:
Predictability for both employer and employee
Reduced administration of extra shifts and additional work
Enhanced job security for the employee
Better basis for pension accrual and other benefits based on position size
Compliance with legislation and reduced risk of disputes
Summary
The provisions of the Working Environment Act concerning part-time employees' right to a position corresponding to actual working hours are an important tool to reduce involuntary part-time work and ensure consistency between formal employment percentage and actual workload. To have the right to an expanded position, the employee must have performed extra work regularly over twelve months, and the employer must not be able to document that the need for extra work has disappeared.
In case of disputes, the matter should first be handled by the Dispute Resolution Board. If the conditions are met, the board can issue a ruling for employment in a position corresponding to actual working hours, without any reservation of unreasonableness.
