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Publication date: 12.05.2024
"Innovative Employment Contract: Flexible Terms and Transparency"
In today's world, the concept of working hours and labor relations is undergoing significant changes, meeting the needs of both employees and employers. The variability of the terms of the employment contract with non-fixed working hours opens up new opportunities for both parties, ensuring flexibility and transparency in interaction.
In accordance with clauses 6-2 of the first part of Article 24 of the Labor Code of Ukraine, an employment contract with non-fixed working hours must be concluded in writing. However, during the period of martial law, the parties agree to determine the form of the employment contract, part one of Article 2 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law"). This means that during the period of martial law, the written form of such an agreement is not mandatory.
Along with this, an employment contract with non-fixed working hours must contain, in particular, information about:
- the method and minimum period of notifying the employee about the start of work, which must be sufficient for the employee to start performing his duties in a timely manner;
- the method and maximum period of notification from the employee about readiness to start work or refusal to perform it in the cases provided for in part eight of this article;
– intervals during which the employee may be required to work (base hours and days).
One of the key features of such a contract is the absence of a specific work schedule, which allows the employer to provide work only when necessary, providing payment only for the time actually worked.At the same time, the employee has the right to a minimum period of notice about the start of work, which guarantees the timely performance of duties.
When entering into such an agreement, the parties are obliged to clearly define the conditions regarding the method of notification of readiness to start work or refusal to perform it, as well as the intervals during which work may be required. Ensuring this transparency facilitates effective interaction and avoids misunderstandings.
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An important component of such an agreement is the guarantee of minimum wages and the establishment of maximum working hours per week and per month. This ensures fair compensation for time worked and prevents potential worker overload.
Important aspects of such a contract include the employee's right to vacation and the possibility of terminating the contract on general grounds. In addition, the contract may specify additional grounds for its termination related to economic, technological or other objective factors.
Ensuring the employee's right to perform work under several employment contracts at the same time is equally important. This allows the employee to maximize their opportunities and receive additional income.All of the above indicates that the innovative employment contract with non-fixed working hours becomes an effective tool for regulating the relationship between the employee and the employer, promoting flexibility and efficiency in work.
