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Publication date: 19.05.2024
active and purposeful military lawyer with more than 4 years of experience
ЗаголовокShort-time and part-time work: what are the differences
Working time is the time established by law or based on the agreement of the parties, during which employees must perform their labor duties under the employment contract.
The issues of the duration, composition, mode and procedure of accounting for working time are regulated by the Code of Labor Laws of Ukraine (hereinafter referred to as the Labor Code), and during the period of martial law in Ukraine, by the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations" under martial law" (hereinafter - Law No. 2136).
In peacetime, the Labor Code establishes that working hours can be of the following duration:
Normal. The length of working hours of employees is set at 40 hours per week;
Incomplete. The working hours are fewer hours than those established by regulations;
Reduced. The time during which the employee must perform his labor functions, but such an employee is paid in full.
Reduced working hours are established:
• for employees aged 16 to 18 – 36 hours per week;
• for persons aged 15 to 16 (students aged 14 to 15 who work during the holidays) – 24 hours a week;
• for employees employed in jobs with harmful working conditions - no more than 36 hours per week;
• for certain categories of workers (teachers, doctors, and others) - reduced working hours are established by legislation.Article 56 of the Labor Code provides that by agreement between the employee and the owner or a body authorized by him, a part-time working day or a part-time working week may be established both upon hiring and subsequently.
Part-time working hours can be set for a certain period and without specifying the period. Mandatory, at the request of the employee, part-time working hours are established for pregnant women, women with children under the age of 14, a disabled child, to care for a sick family member in accordance with a medical opinion. With the consent of the employer, part-time working hours can be introduced for all categories of employees.
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The employer has the right, but is not obliged, to satisfy the request of other categories of employees to establish part-time working hours, except for cases directly determined by the Labor Code.
Payment of labor in cases of establishing part-time working hours is carried out in proportion to the time worked or depending on production. Part-time work does not entail any restrictions on the scope of labor rights of employees.
If part-time working hours are set at the employee's request, they can be introduced at any time.
The employee's application for part-time work shall state:
• type of part-time work (part-time or part-time week);
• mode of operation during part-time working hours (time of start and end of work);
• the period for which part-time work is set, etc.
The legislation does not regulate how many days or hours are allowed to be set for part-time work. It can be a specified number of hours per day or days per week.
In the event that part-time working hours are established without a time limit, the owner is not deprived of the right to change the duration of part-time working hours or replace them with full-time hours, provided that changes are made in the organization of production and labor at the enterprise, institution, organization, and in compliance with the procedure and deadlines employee warning.
Employees working part-time have the right to a full-time vacation, social benefits, in particular, temporary disability benefits in the usual way.
A record that the employee works part-time is not entered in the labor book.
Therefore, part-time work (and its duration) is established by agreement of the parties for any employee, and short-time work (and its duration) is established by law only for certain categories of employees. In the case of a part-time working day, work is paid in proportion to the time worked or depending on the output, and in the case of a reduced working day - as for a full-time working day.Today, the specifics of establishing and accounting for working time and rest time are determined by the requirements of Article 6 of Law No. 2136, according to which the normal length of working time during the period of martial law may be increased to 60 hours per week for employees employed at critical infrastructure facilities ( in the defense sphere, the sphere of ensuring the livelihood of the population, etc.).
For employees employed at critical infrastructure facilities (in the defense sector, in the sphere of ensuring the livelihood of the population, etc.), who are subject to reduced working hours in accordance with the legislation, the duration of working hours during the period of martial law may not exceed 40 hours per week.
A five-day or six-day working week is established by the employer.
The starting and ending time of daily work (shift) is determined by the employer.
The duration of weekly uninterrupted rest can be reduced to 24 hours.
•
o Article 53 of the Labor Code;
o the first part of Article 65 of the Labor Code;
o parts three to five of Article 67 of the Labor Code;
• Articles 71, 73, 781 of the Criminal Code
• parts of the second article 5 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations".
Education format: distance learning. Maximum flexible schedule.
In the case of establishing the normal duration of working hours in excess of the norm established in accordance with the legislation, labor is paid in an amount increased in proportion to the increase in the labor norm.WARNING! The provisions of Law No. 2136 do not apply to the work of minors in relation to:
1) increasing the length of working hours to 60 hours per week for employees employed at critical infrastructure facilities;
2) restrictions on the impossibility of exceeding 40 hours per week for employees employed at critical infrastructure facilities (in the defense sector, the sphere of ensuring the livelihood of the population, etc.), who are subject to reduced working hours in accordance with the legislation;
3) regarding the possibility of reducing uninterrupted rest to 24 hours.
