Publication date: 05.06.2024
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Irregular working day according to labor legislation
In Ukraine, an irregular working day means that the duration of working hours is determined by an agreement between the employee and the employer, and is not limited by law or a collective agreement. This means that the parties independently establish the work schedule, the allocation of time for work and rest periods.
The main features of an irregular working day in Ukraine:
1. Flexibility: Productivity and job performance are evaluated based on accomplishments, not hours worked.
2. Mutual agreement: working hours are determined by a contract between the employer and the employee.
3. Compensation: Compensation can be based on hours worked or performance.
4. Compliance with safety rules: the employer is obliged to ensure safe working conditions regardless of the work schedule.
In Ukraine, the norm of the duration of working hours is regulated by legislation, in particular the Code of Labor Laws of Ukraine.
The main provisions regarding the duration of working hours are as follows:
1. Normal working hours cannot exceed 40 hours per week.
2. Enterprises and organizations have the right to enter into collective agreements, in which lower working hours can be established than stipulated by law. This means that a collective agreement can establish reduced working hours for employees, which will be valid in a given enterprise or organization.
3. Even with the establishment of a lower norm of the duration of working hours in the collective agreement, the enterprise or organization is obliged to comply with the requirements of the legislation regarding minimum standards regarding working conditions, including rest, safety and health of employees.
Thus, the norm of the duration of working hours in Ukraine cannot normally exceed 40 hours per week, but it can be reduced subject to the conclusion of a collective agreement, which establishes a shorter duration of working hours.
The duration of work at night is limited to 7 hours a day, taking into account additional guarantees for employees and with mandatory payment at increased rates.
According to the Labor Code of Ukraine, which regulates the prohibition of night work for certain categories of workers:
Pregnant women and women with children under the age of three.
Persons under the age of eighteen.
Other categories of employees provided for by law. In addition to the above-mentioned categories, the legislation may also provide for the prohibition of night work for other specific categories of workers in order to protect them, for example, for certain categories of disabled persons or other persons with special needs.
Women's work at night.
The work of persons with disabilities at night.
Thus, the legislation of Ukraine clearly defines the categories of workers who have the right to be prohibited from working at night, in order to protect their rights and health. The conclusion of an agreement on part-time work between the employee and the employer is an important aspect of the employment relationship, especially when it comes to special conditions that may apply to women during pregnancy, caring for a child or a sick family member. Here are the main aspects about part-time work:
Terms of the agreement:
According to the legislation of Ukraine, the employer is obliged to set a part-time working day or week at the request of a pregnant woman, a woman with a child under the age of 14, a child with a disability or when caring for a sick family member based on a medical opinion.
Pay:
Payment of labor in these cases is carried out proportionally to the time worked or depending on the output. This means that payment is calculated on the basis of actual hours worked or according to production results, if this approach is used in the enterprise.
Employee rights:
Part-time workers have the same rights as other full-time workers. This means that they are entitled to holidays, social security and other benefits according to the law.
The general purpose of such agreements is to provide employees with the opportunity to combine work with personal circumstances that require attention, while providing them with appropriate social guarantees and protection.
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