According to the bill, the new regimes in the legislation suggest to define as follows:
Flexible Schedule. An employee is allowed not to comply with the regime established by the rules of the internal labor regulations, subject to daily, weekly or monthly standard of hours worked. A flexible schedule can be established by agreement between the worker and the employer both at work and at another time. In this case, this mode can consist of three components:
- Fixed time is the time during which the employee must be at the workplace.
- Variable time - the time during which the employee determines the period of work.
- Time for breaks and meals.
Remote work. Provides the opportunity to work outside the office. In this case, the employee does not obey the rules of labor regulations and himself determines the time of work and place. In this case, it retains all labor rights. True, at the same time the parties must necessarily sign a contract of employment in writing - one director's order will not be enough.
Independent organization of working time. This form of work regime will suit most of the managers and top management, when the employee actually plans his or her own day, subject to the execution of tasks for which the deadline is set. Accounting for working time for such employees is not required.
Thus, a legitimate opportunity to work remotely is established. It is worth noting that for the distance work authors of the bill refer not only to work at home (home work was foreseen since the Soviet era), but also in any other place of choice employee.
Who does the bill concern?
For those who have the preemptive right to conclude an employment contract with a flexible schedule and a distant form, the initiators of the bill attributed:
- Parents of a disabled person from the childhood of the subgroup A I group.
- Workers who have a child under the age of fourteen or a child with a disability.
- Older people and people with disabilities.
However, in fact, many workers from different spheres can be under these modes of operation. First of all, it's IT professionals, journalists, lawyers, accountants, employees during maternity leave, people with disabilities. Exceptionally, there may be employees engaged in continuous production.
According to experts, this bill should increase the protection of employees' rights, since it uniquely identifies each of the modes of operation, which are so often used in practice, but the norms that regulate these regimes did not yet exist. As a result, employees' rights could be violated (in the event that the employer changed his mind to provide the employee with flexible working hours, he could dismiss him for absence from the workplace).
What are the benefits for employers?
If for employees such a form of organization of work mode has its logical advantages, it is possible for employers to avoid unnecessary questions from the inspectors of the State Labor Organization. In particular, control authorities will not be able to record violations of labor legislation in the event of a long absence of workers in the workplace or too long lunch breaks.
By the way, the document proposes to remove the 2-hour restriction of lunch break, which will allow the establishment of the so-called "siesta" in the hottest hours of the working day.
However, it is impossible to completely abandon the lunch break - these are the requirements of state guarantees. Instead, it is quite possible to move it, for example, at the end of the working day and thus go away from work earlier.
We note that a new draft law of the Ministry of Social Policy "On Amendments to the Labor Code of Ukraine (on flexible forms of labor organization) was promulgated for review on June 25. It will be discussed with the interested bodies and parties a month. Taking into account the parliamentary elections and the reformation of the Cabinet of Ministers afterwards, they will adopt the document, most likely, not earlier than in the fall.