AGREEMENT «MINIMUM-MAXIMUM»: FLEXIBLE MODE OF WORKING TIME
Journal Title: Право та інновації - Year 2016, Vol 3, Issue 15
Abstract
Over the last decade there were various forms of atypical employment (remote work, work on call, etc.). Their appearance is not accidental and caused by the demand of the times: the development of new production forms, distribution and information technology. However, the lack of legal regulation of such legislation forms in Ukraine is a violation of labor rights, reduction of social security. Today, almost one unexplored form of atypical employment in national and foreign scientific literature is a work on call. There is no country in the former Soviet Union where such work is not legally regulated. The purpose of the article. When writing the article, the author aims to analyze the current legislation of Ukraine and the views of scientists on the issue of the regime of work in the performance of the contract «minimum-maximum». The essence of scientific development problems. Such lawers as: V. Venediktov., N. Vishnevskaya, S. Golovina, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, A. Protsevskyy, A. Rymkevych, VA Soifer, O. Yaroshenko paid attention to the issue of legal regulation of atypical employment. Work on call has been the subject of dissertation research of foreign experts M. Shabanov and O. Korkina. The comprehensive study of O. Prylypko, devoted to the problems of non-standard employment contracts has appeared in Ukraine recently. Conclusions. Thus, according to the provisions of the Methodological guidelines the conclusions that the legal act can not be used to regulate working time in the performance of the contract «minimum-maximum» can be made. Firstly, the term «self-regulation» in the definition of «flexible mode of work» (Clause 1.2) specifies that workers can decide the start time, end time and duration of a working day during working independently on their own. In the contract «minimum-maximum» the issues are resolved independently by the employer, based on the needs and duration of each call employee. The terms of the contract «minimum-maximum» are that the worker also has to work out the minimum amount of prescribed working hours, however, if the employer draws the employee to work, which is less than the minimum limit (ie, the employee does not work out the required minimum work time) the last has to be paid such remuneration which would have been paid if the employee has worked to set minimum time. If the contract «minimum-maximum» is concluded as an agreement between the employee and the employer a special regime of work has to be established, which shows the minimum and maximum number of hours for the accounting period that an employee must work in case of a call. In this case, the employee knows in advance whether the employer will call or not. And if it happens, from what date, what time and how much working hours will be given the job. In addition, this agreement may additionally provide compensation for the time when the employee did not work but was in «standby.» The size of such compensation can be set depending on the hardness while in «standby mode» (permanent residence in a particular locality, instant readiness to perform work non-stop mobile (Internet), disuse spirits, etc.). In our opinion, this is the mode set by agreement between the employee and employer in the contract by setting minimum and maximum working hours likely work. And specification of the date and time start and end, total working hours is arranged separately for each call.
Authors and Affiliations
Y. V. Svichkarova
Keywords
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