On June 25, 2019 on the official website of the Ministry of Social Policy, a draft law amending the Labour Code of Ukraine was published. It deals with forms of labour organization, namely remote form of work and flexible working hours. So far, this issue has not been properly addressed in the current labour legislation of Ukraine.
The Ministry of Social Policy proposes to add the following to the Code of Labour Laws of Ukraine:
- the right of remote workers to distribute working time at their discretion, subject to the observance of the deadlines for the work (if any);
- non-extension of internal labour regulations to remote workers (unless otherwise provided);
- the need to comply with general norms of working hours;
- mandatory written form for distance work contracts
- no need to keep records of time of remote workers (unless otherwise provided);
- the obligation to determine the conditions of distance work in a labour contract;
- the opportunity to agree on a mixed form of flexible working hours (fixed time spent at a workplace and time used at the discretion of an employee);
- the right of an employer to apply to workers with flexible working hours the general rules of a labour schedule, but not more than 1 month;
- no restrictions on the volume of labour rights of remote workers and workers with flexible working hours;
- the existence of a preferential right of distance work and flexible regime of certain social categories of workers.
The adoption of this project will expand the legal possibility of using the described forms of labour organization, as a result of which new employment opportunities can be formed and properly formalized, as well as optimized and regulated work outside the employer's premise.
This draft law will be under discussion until July 25, 2019 and should be agreed with the Ministry of Economic Development and the Ministry of Finance. Legal Alliance will inform you of future disposition of this document.
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