In fact, flexible working hours in modern conditions have been practiced by employers for a long time, but the Labor Code of Ukraine has not yet established clear rules for its application. Finally, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the Legal Regulation of Remote Work, Work from Home and Flexible Working Hours” No. 1213-IX of February 4, 2021 introduced the necessary changes. More about them – below.
Flexible working hours are now called “self-regulated start, end and working hours during the working day”. This mode of work is established by written mutual agreement between the employee and the employer, regardless of the form of ownership for a specified period or indefinitely, both at the time of employment and during the employment relationship.
Written agreement between the employee and the employer during the application of flexible working hours (hereinafter – FWH) is not identical with the conclusion of an employment contract in writing. That is, in the case of the establishment of FWH, it is not necessary to conclude a written employment contract.
Flexible working hours is a form of labor organization, which allows the establishment of a mode of work that is different from the rules of internal labor regulations, provided that the total number of working hours during the established accounting period stays the same.
Therefore, when establishing a flexible working hours regime, it is necessary to determine the order of accounting for time worked by the employee.
The accounting period is established in the collective agreement of the enterprise. It covers working hours and hours of work on weekends and holidays, hours of rest. The daily or weekly working hours established by the schedule may change during the accounting period, but the total number of working hours for the accounting period must be equal to the norm of working hours in the accounting period. The accounting period when calculating the time worked is usually a month. However, for example, in agriculture the end-to-end settlement annual period can be applied (from the beginning of spring field works to the end of autumn field works). For certain categories of sea, river and rail transport workers, the accounting period may be a tour (the time from the attendance to the trip to the time of attendance for the next trip).
If the initiator of the introduction of flexible working hours is the employer, he/she must inform employees at least two months prior about the conditions and specifics of the transfer to flexible working hours and ensure accurate accounting of time worked and effective control over the fullest and most rational use of working time.
The conditions for early notification by the employer of a new work schedule do not apply in the event of a threat of an epidemic, pandemic and/or at the time of a threat of a military, technogenic, natural or other nature. Flexible working hours may be established in the order (instruction) of the owner or authorized body. The employee must be acquainted with such an order (instruction) before the introduction of FWH. During quarantine, the introduction of a flexible time regime will not be considered a change in significant working conditions, so it is not necessary to notify the employee in two months.
In the case of written agreement between the employee and the employer, regardless of ownership, the latter, in accordance with the structure of the working day and the established accounting period of each individual employee, must coordinate the employee’s working hours with other employees by regulating fixed, variable time and rest breaks.
The application of flexible working hours does not entail changes in rationing, remuneration and does not affect the scope of labor rights of employees.
In case of violation of the accepted flexible working hours, in addition to the application of appropriate disciplinary sanctions, employees may be transferred to the generally established regime without two months' prior notice of such transfer by the employer.
