Flexible schedule or work on call: the State Labor Service explained what employees often confuse
The State Labor Service of Ukraine reminded that a flexible working hours regime and an employment contract with unfixed working hours are two completely different concepts and are not related to each other.
A flexible working hours regime implies self-regulation by the employee of the start time, end time, and duration of working hours during the working day.
The flexible regime is established for the employee by written agreement between the employee and the employer by the employer's order for a specified period or indefinitely, either at the time of hiring or later.
In case of a threat of armed aggression, an emergency of technogenic, natural, or other nature, the flexible working hours regime may be established by the employer's order (instruction) without written agreement.
The flexible working hours regime provides for:
1) fixed time during which the employee must be present at the workplace and perform their duties. The working day may be divided into parts;
2) variable time during which the employee independently determines the periods of work within the established norm of working hours;
3) break time for rest and meals.
At the same time, it is mandatory to comply with the established daily, weekly, or other norm of working hours set for a certain accounting period (week, month, quarter, year, etc.).
The employer coordinates the working time of the employee with a flexible working hours regime with the working schedule of other employees by regulating fixed time, variable time, and break time for rest and meals.
The introduction of a flexible working hours regime does not entail changes in regulation, remuneration, and does not affect the scope of labor rights of employees.
An employment contract with unfixed working hours is a special type of employment contract, the conditions of which do not establish a specific time for performing work. The employee's obligation to perform work arises only when the employer provides such work without guaranteeing that such work will be provided continuously.
The employer independently determines the necessity and time of involving the employee in work. At the same time, the employer must agree with the employee on the work regime and the duration of working hours necessary to perform the relevant work within the period specified in the employment contract. Compliance with the legislation requirements regarding working hours and rest time is mandatory.
Wages are paid for the actual hours worked.
The minimum working time for such an employee during a calendar month is 32 hours. If the employee worked less than 32 hours or did not work at all during the calendar month, they must be paid wages for at least 32 hours of working time according to the established payment conditions.
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