In-Depth Explanation: Employment Contract with Non-Fixed Working Hours – What Ukrainian Workers Need to Know
In the current Ukrainian labor landscape, a growing number of employment agreements incorporate arrangements for flexible, non-fixed working hours. Both employees and employers must thoroughly understand the nature, characteristics, and legal nuances of these contracts to prevent misunderstandings and ensure proper employment formalities. Recently, Ukrainian authorities have enacted legislative amendments to define the legal status of employment contracts with non-fixed hours, reflecting the need for adaptability in today’s job market. According to the law, this special type of contract entails that the employee performs work upon request by the employer, with no predetermined length of time specified. This means the employee must be prepared to undertake tasks whenever required, and work hours can vary each day, as long as they do not exceed the maximum weekly limit of 40 hours. The essential features include the absence of a fixed schedule, the obligation for the employer to notify the employee in advance about work demands, and adherence to overall working time restrictions. Such contracts are to be formalized in writing, though during wartime, with mutual agreement, they may be concluded in simpler forms. Employers are allowed to have no more than 10% of their total employment agreements in this format, or only one such contract if the employer operates with fewer than ten employees. When entering into a non-fixed hours employment contract, it is crucial to consider specific details such as the method and timing of informing the employee about the start of work, notification procedures for beginning or refusing work, and designated intervals when the employee may be requested to work. Ukrainian legislation does not prescribe strict methods for such notifications, so communication can be carried out via written notices, electronic messages, or work completion acts. Also, transferring an employee from an indefinite-term contract to a non-fixed hours contract without their consent is prohibited, although the employee can request to formalize a standard contract after a certain period of working under the non-fixed arrangement. Should the employer refuse, the employee may submit a repeated request after at least 90 days. In conclusion, workers should carefully familiarize themselves with the specifics of contracts with non-fixed working hours, understand their rights and obligations, and pay attention to notification procedures and work time limitations to safeguard their interests within the legal framework.