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Parliament to introduce employment contract with non-fixed working hours

Source : 112 Ukraine

327 parliamentarians voted in support
16:00, 21 September 2021

Verkhovna Rada
Open source

The Verkhovna Rada supported the bill №5161 on the regulation of some non-standard forms of employment in the first reading. 327 parliamentarians voted in support.

The draft act proposes the introduction of a new special form of an employment contract - an employment contract with non-fixed working hours.

Under the terms of such an agreement, the employee's obligation to perform the work arises only if the owner or his authorized body provides available work, without guarantees that such work will be provided on a permanent basis.

An employment contract with non-fixed working hours is by its legal nature analogous to a foreign zero-hours contract, which is currently widely used in Great Britain, Belgium, the Netherlands, Hungary, etc. The number of non-fixed term employment contracts with one employer may not exceed 10 percent of the total number of employment contracts to which this employer is a party. Establishing a legal limit on the number of such contracts per employer and on the minimum working hours of an employee who performs work on the basis of such an employment contract helps to protect the employee from potential abuse by the employer. In addition, all other labor rights of employees working under such an employment contract are not limited.

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The draft act stipulates that an employer may not prohibit or create obstacles for an employee who performs work on the basis of an employment contract with non-fixed working hours to perform work under another employment contract with another employer.

An employment contract with non-fixed working hours must contain the method and term of notification of the employee about the availability of work, the method and term of notification from the employee of readiness to start work, intervals in which the employee may be required to work (base hours and days).

Wages are paid to an employee who performs work on the basis of an employment contract with non-fixed working hours, for the actual time worked.

The employee will be able to refuse to work if the employer requires work outside the base days and hours or if he is notified of the presence of work in violation of the minimum terms specified in the employment contract with non-fixed working hours. If an employee works less than 8 hours during a calendar month, he must be paid at least eight hours of work.

The accompanying documents state that non-fixed term employment contracts are being implemented as an alternative to civil contracts. The employee will be able to combine legal work with several employers and at the same time will have basic social guarantees (provision of sick leave, vacations, sufficient wages, etc.).

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