In Ukraine, labor relations between the employer and the employee are regulated by the relevant law. In some cases, the employer may offer the employee to sign an employment contract with a non -fixed working time. Specialists of the Southeast Interregional Department of the State Service on Labor said what to pay attention to when concluding such a contract.

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What is an employment contract with a non -fixed working time.

The Derzhprazi explained that the law " 07. 2022. No. 2421-IX to the Code of Labor Laws added Article 21-1 of an employment contract with a non-fixed working time.

" The employer provides work and pays it only if necessary, and the employee must do it if such work is proposed, ”the report said.

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The uncertainty of working time, that is, there is no clear work schedule, the employee works only if necessary, which is determined by the employer;

the need for notification, that is, the employer must inform the employee in advance about the need to do the work.

restriction of the maximum duration, that is, the total duration of work should not exceed the normal working hours (40 hours a week).

Experts noted that the employee has the right to conclude an employment contract under general conditions under certain circumstances.

" Also, the employer who uses the work of less than 10 employees can have only one such contract, ”the report said.

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What should be paid attention to when concluding an employment contract with a non -fixed working time.

Experts explained that in accordance with P. 6-2 hours. 1 tbsp. 24 of the Labor Code of Ukraine, an employment contract with a non -fixed working time is necessarily concluded in writing. However, during the period of martial law, the parties by agreement determine the form of an employment contract (h. 1 tbsp. 2 of the Law " This means that during the period of martial law, the written form of such an agreement is not mandatory.

When concluding an employment contract with a non -fixed working time, it is necessary to take into account the information about:.

method and minimum term for notification of the employee about the start of work. He should be sufficient for the timely start of the employee of his duties;

the method and maximum term of notification from the employee about the readiness to start work or to refuse to fulfill it in cases provided for by part of the eighth of this article;

intervals during which the employee may require work (basic hours and days).

The Derzhprazi added that the legislation does not contain specific requirements regarding the method of notifying the employee about the beginning of the work.

" There are also no special requirements regarding the features of setting deadlines. Such terms can be set in weeks, days or watches, depending on the content and specifics of the work performed, ”the report said.

Experts added that it is impossible to transfer an employee from an unlimited contract with a non -fixed working time.

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Recall whether the employer can dismiss a lonely mother on his own initiative.