Extra hours for part-timers in a restaurant: who must be offered them?
In short
- When an employer needs more staff for tasks that suit part-timers, that work must be offered to the part-timers first (MaRa TES 6 §; Employment Contracts Act, chapter 2, section 5).
- Lisätyö (extra hours) must be offered up to 112.5 hours per kolmiviikkoisjakso (the three-week period) (MaRa TES 6 §).
- A part-timer is an employee whose working time averages under 112.5 hours in three weeks (MaRa TES 7 § 2).
- Extra hours need the employee's consent (MaRa TES 18 § 1). Under a variable working hours contract, consent is needed even to roster a shift beyond the minimum hours (Working Hours Act, section 30 a).
What does the duty to offer extra hours mean?
The employer must offer additional hours to part-timers if more staff are needed for tasks that suit them (MaRa TES 6 §). The Employment Contracts Act (työsopimuslaki, chapter 2, section 5) has the same duty.
Example: a server is missing for Saturday's evening shift, and the roster (in law, the työvuoroluettelo) has three part-timers under 112.5 hours. Give them the hours, or hire someone new.
If the employer needs more employees for tasks suited to their part-time employees, the employer must offer this work to the part-time employees.
MaRa TES 6 § does not say how to make the offer: "It is recommended to agree locally on the rules for offering extra hours." (MaRa TES 6 §). If the task needs training the employer can reasonably provide, the employee must get it (Employment Contracts Act, chapter 2, section 5).
Who counts as part-time, and up to how many hours are offered?
Under MaRa TES 7 § 2, an employee is a part-timer if their working time averages under 112.5 hours in three weeks. Extra hours must be offered up to 112.5 hours per period (MaRa TES 6 §). The contract sets a fixed or average minimum working time per period.
A part-timer's three-week period
- 0–60 h · Agreed minimum hours · agreed pay
- 60–112,5 h · Extra hours to offer · base hourly pay
- 112,5–120 h · Extra hours up to 120 h · base hourly pay
Lisätyö is work beyond the working time in the employment contract and roster, up to 120 hours (MaRa TES 18 § 1). After that comes ylityö (overtime); see overtime in the restaurant sector.
How do you offer extra hours in practice?
The method is not prescribed, and an offer does not oblige anyone to accept. MaRa TES 18 § 1 says: "Extra work requires the employee's consent." The Working Hours Act (työaikalaki, 872/2019) section 17, subsection 2, allows extra hours without consent only if the employment contract provides for it. Even then, a justified personal reason lets the employee refuse on roster days off.
One repeatable routine:
- Record the work needed: date, time, task and hours.
- Find suitable part-timers with room up to 112.5 hours.
- Offer the work and record answers.
- Record consent before the shift goes on the roster.
- Hire only if nobody takes the hours.
What does an offer look like with two part-timers?
Example (invented figures, wage €13.50/h): three 7.5-hour shifts are missing in a period, 22.5 hours in total. Two part-timers are suitable.
| Employee | Agreed minimum hours | Room up to 112.5 h | Takes | Extra-hours pay |
|---|---|---|---|---|
| Aino | 60 h | 52.5 h | 15 h | €202.50 |
| Ben | 90 h | 22.5 h | 7.5 h | €101.25 |
The extra hours total 22.5 hours and €303.75 at the base hourly rate (MaRa TES 18 § 1), before withholding tax. No overtime arises, because both employees stay under 120 hours.
How do variable working hours contracts and repeated extra hours matter?
Under a variable working hours contract, rostering a shift needs consent if it exceeds the agreed minimum or falls outside the agreed weekdays or times. Consent can be given per occasion or for a fairly short period at a time (Working Hours Act, section 30 a).
Recurring extra hours are the catch. If, under a fixed minimum, hours worked are habitually longer than agreed without a justified reason, the agreement must be changed to match (MaRa TES 7 § 2 A). Under an average minimum, the review assesses it (MaRa TES 7 § 2 B; see reviewing part-time working hours). Under the Employment Contracts Act, chapter 1, section 11, the employer may not propose variable working hours if the need for labour is constant.
- 112,5 ha part-timer's average working time stays below thisMaRa TES 7 § 2
- 6 monthsreview period for the average minimum hoursMaRa TES 7 § 2 B
- 1 yearlongest review period, if operations require itMaRa TES 7 § 2 B
See also the averaging system in a restaurant and the other employment articles.
How Plana helps
The employer decides who is offered the hours; Plana helps with contracts, consents and pay. In Staff, contracts and permits, the contract is signed on the phone. Three-week hours balancing asks for consent first, and extra hours are planned only once it is recorded. Pay calculation itemises extra hours and overtime. See all features or start with a free trial.
- Staff, contracts and permitsContracts are signed on the phone. Residence permit expiries and immigration notices stay on schedule.
- Three-week hours balancingSalaried staff's hours balance over the period. Extra hours and overtime need the employee's consent first.
- Pay calculationAdditional work, overtime, Sunday and evening pay itemised, with a take-home estimate.