Flexible working hours and an employment contract with non-fixed working hours are often perceived as interchangeable concepts. However, from a legal point of view, these are different mechanisms of labor organization, which have special legal consequences for both the employer and the employee. Improper use of these tools can lead to violations of labor law requirements. What is the fundamental difference between them - read below.
Flexible regime: freedom within the established norm
Flexible working hours provide for the employee's ability to independently determine the start and end times of work, as well as distribute working hours during the day. At the same time, such organization of labor does not mean the absence of an established norm of working time. The employee is obliged to comply with the specified daily, weekly or other norm of working hours established for the relevant accounting period.
Such a regime is introduced by written agreement between the employee and the employer and is formalized by the employer's order. It can be established both at the time of employment and in the process of labor relations, for a certain period of time or indefinitely.
At the same time, the legislation provides for an exception. If there is a threat of armed aggression or an emergency situation of a man-made, natural or other nature, the employer has the right to establish a flexible working time regime by order or order without the written consent of the employee.
How Flexible Mode Works in Practice
A feature of the flexible mode is the combination of the time when the presence of the employee is mandatory, with periods during which he independently determines when they will perform the work. Time for rest and meals is also determined. At the same time, the employer must coordinate the work schedule of such an employee with the work schedule of other employees of the enterprise by adjusting fixed and variable time, as well as break time.
It is important that the introduction of flexible working hours does not change the conditions of remuneration, does not affect labor rationing and does not limit the labor rights of the employee. In fact, only the way of organizing working time changes, and not the content of labor relations.
Non-fixed working hours: another type of employment contract
An employment contract with non-fixed working hours is not a way of organizing a working day, but a separate type of employment contract. Its key feature is that the specific time of work is not determined in advance.
The employee's obligation to perform work arises only when the employer provides such work. At the same time, the employer does not guarantee that the work will be provided permanently. It is the employer who determines the need to involve the employee in work, as well as agrees with him/her on the mode of work and the duration of working hours within the terms specified in the employment contract.
Despite the special nature of such labor relations, the requirements of the law regarding the duration of working hours and rest time remain mandatory.
How is work paid according to a non-fixed schedule
Under an employment contract with non-fixed working hours, wages are paid for the actual hours worked. At the same time, the legislation guarantees the employee a minimum level of pay.
The minimum working time of such an employee during a calendar month is 32 hours. If during the month the employee worked less or did not perform work at all, the employer is obliged to pay them a salary for at least 32 hours of working time in accordance with the established conditions of remuneration.
The main difference
Despite the similarity of names, flexible working hours and an employment contract with non-fixed working hours regulate various aspects of labor relations. In the first case, the employee has a permanent job and a certain norm of working hours, but can independently plan their working day within the agreed limits. In the second case, the peculiarity is the lack of a guaranteed amount of work, and the performance of labor duties depends on the needs of the employer.
That is why it is important for employers to correctly determine which of these mechanisms corresponds to a particular organization of work, and to properly formalize labor relations in accordance with the requirements of the law.
