1. Employee should be informed about changing of substantial working conditions not later then:

   1. a week before;

   2. a year before;

   3. 6 months before;

   4. 2 months before;

   5. 3 days before.

2. An employee is dismissed from employment after:

   1. compensation for damage (if it caused);

   2. giving the order;

   3. the presentation (adduction) of a clearance chit;

   4. termination of term of notice about dismissal;

   5. he stops to attend a job place.

3. What reasons can be the ground for labour agreement termination if an employee is not fit for the occupied position:

   1. inadequate experience of work;

   2. if the employee is underskilled;

   3. insufficient age;

   4. systematic violation of labour discipline;

   5. absence from work.

Literature Use the same literature as to the theme 6 Module 2. Special part

Theme 8. Legal regulation of work time and rest time

Methodical recommendations for independent work

It’s recommended to begin the theme consideration from general characteristic of the legal regulation of working time. It is performed by statutory acts, subordinate legislation, collective-contractual regulation of labour conditions and by the agreement of parties to a labour agreement. Pay attention at the correct legal definition of the concept of working time. In the theory of labour law under working time is understood as time, during what an employee in accordance with the rules for internal labour order, work schedule and terms of the labour agreement must be present at the workplace execute his duties according to the labour agreement.

Working time consists from time of execution by employee his employment duties, preparatory and finishing time (it is time of tasks receiving, materials and instruments receiving, acquaintance with technical documentation, time of preparation and cleaning up of workplace and so on). Pay attention, that in some cases, prescribed by legislation, time when work actually was not executed also includes to the working hours. For example, it is unavoidable delay time, paid breaks during the work shift.

In the field of the legal regulation of working time for employees certain guarantees are provided. Students should become familiar with them. Particularly you have to examine the article 45 of The Constitution of Ukraine, which guarantees for an employee the duration of working time strictly in accordance with the law. Id est legislation about labour sets the limit of working time duration, that cannot be increased by local norms that in most cases controls the duration of working time on certain enterprises, in establishments and organizations.

Consequently, in the basis of working time definition is its establishment by the law or on the basis of the law. From this duration of working time depends. According to this feature working time can be divided into such types:

1) Normal duration of working time that cannot exceed 40 hours per week (part 1 of article 50 of CLL of Ukraine).

2) Shortened (reduced) work time, which duration less than normal, but with payment of labour as for the normal duration. It has such features: а) is set only by the law; b) can be applied only for certain categories of employees (taking into account their age, conditions and intensity of labour, specific labour functions and so on). Students must know the categories of workers to which shortened work time can be applied.

3) part-time work, which main features are such: а) as a rule, is set by the agreement of parties to a labour agreement; b) remuneration of labour is carried out according to the performance rate or depending on hours worked (proportionally); c) the scope of employees’ labour rights cannot be limited; d) can be established both incomplete workday or incomplete workweek, and also combination of incomplete workday and incomplete workweek (for example, work during five hours four days in a week); e) for certain workers an employer obligated to establish part-time work if they ask this (it is expectant mothers and also women which have a child under the age 14 or disabled child, or women who carries out a supervision after a sick family member in accordance with a medical report. Note that a duty to establish a part-time work exists also if a man-employee with domestic duties insists on this, but not only woman).

In the legal regulation of working time the working time routine and its accounting takes an important place. The working time routine in a labour law is a distribution of standard working time during a certain calendar period. To the elements of the working time routine belong:

1) time of work beginning and completion;

2) time and duration of work-breaks (dwells);

3) duration and the order of shift sequence.

It’s necessary to distinguish the working time routine of employees and business day. In particular an enterprise can work in the twenty-four-hour mode, and workers – on a shift basis.

There are general and special working time routines. To the general schemes belong five-day and six-day working week. To the special schemes of working time belong such as:

1) shift work;

2) flexible-time scheme of work;

3) a working day divided into parts;

4) irregular working hours;

5) work under a rotation system.

On the basis of studying of current legislation and special literature it is necessary to give correct description to the existent schemes of working time, paying attention to a range of persons and to the specific working conditions that cause the necessity of application of either of reviewed schemes.

Students should pay proper attention to work beyond the limits of normal length of working time (overwork). Overworks, as a rule, are not allowed. Overwork it is a work over the set duration of working day. An employer can apply overworks only in exceptional cases. Students must know such cases. Also you must know the categories of employees, applying an overwork to which is forbidden according to the article 62 of CLL. Permission for execution of overworks must be got before the execution of works, except for exceptional situations. Examining a question about overworks, use the articles 62, 64, 65 of CLL of Ukraine. Remuneration of overwork is regulated by the article 106 of CLL.

Indemnification of overworks by the granting of the compensatory leave is not allowed. Maximum norms of overworks application are set by the article 65 of CLL. Overworks must not exceed four hours during two days in succession and 120 hours on a year for every employee.

It is necessary to distinguish the overwork and irregular working hours. Irregular working hours are a special work routine when some individual employees may be involved in their labour function fulfilment episodically beyond the standard working hours as ordered by the employer from necessity. The list of employees having irregular working hours is determined by the collective agreement, contract or the internal labour regulations of the organization.

Irregular working hours on enterprises, in establishments, organizations, regardless of pattern of ownership, can be used for managers, specialists and workers in such cases: when their labour cannot be accounted in time exactly; when working time by the nature of their work is divided for parts of indefinite duration (agriculture); when working time is divided at the employee’s discretion.

Pay attention, that working time routine that established on an enterprise should be applied to the employees who work on terms of irregular working hours. That’s why an employer has no authority to involve employees which work on terms of such work scheme to overworks systematically.

Calculation of working time it is fixing of information about time of employee’s arrival and execution by them established duration of working time. It is necessary to know that working time should be registered in the special time sheets of set form.

The calculation of working time can be divided into daily performance record and added up calculation of working hours.

Students must understand the order of calculation of hours worked according to the both of listed types of working time calculation.

Consideration of item about the concept and types rest time it is necessary to begin with the statement that a employees’ right to rest is provided not only by establishing of maximal duration of working time (art. 50 of CLL) but also by granting to employees of a rest time in accordance with the legislation. The terms of establishment and usage of rest time are regulated also by local normative acts and individual labour agreements.

It is necessary to know that rest time it is time during which an employee in accordance with a legislation and rules of internal labour regulation free from execution of the labour duties and can use this time at own discretion for satisfaction of own interests and rehabilitation.

A legislation establishes such types of rest time:

1) breaks during the working day (shift);

2) daily (between shifts) rest;

3) days off (weekly continuous rest);

4) non-working holidays;

5) leaves.

It is necessary to give informative characteristic to every type of rest time listed above. Analyse features of each type of rest time. Basic from them are following:

1) Breaks for rest and meal should be given during the working day (shift) the employee, not more than two hours long, but not shorter than 30 minutes, which is not included into working hours (in accordance with article 66 of CLL) The time of the break and its concrete duration are established by the internal labour regulations of the organization or on agreement between the employee and the employer. Note that legislation envisages special breaks that are included into working time and are payable (additional breaks for women for nursing of child till the age of 1,5 year; breaks for employees who work outdoor in cold seasons; special breaks for employees involved in cargo-handling operations etc.);

2) daily rest between working days (shifts) cannot be less than 12 hours (or double duration of shift);

3) weekly continuous rest (day off) can last two days in case of five-day workweek and one day – in case of six-day workweek. In any case the weekly continuous rest cannot be shorter than 42 hours (article 70 of CLL). Work on days off is banned, as a rule. It can be allowed only in cases st by article 71 of CLL under the prior consent of trade-union committee. Remember, that employees’ involvement in works at the weekend can be performed only according to the writing order of employer. Work in a day off can be compensated, on the parties’ consent, by the grant of other rest day or by double size payment;

4) non-working holidays as type of rest time clearly defined by article 73 of CLL of Ukraine. But in these days labour also can be allowed: а) on running continuously enterprises; b) for execution of works for service to the public; c) for execution of urgent repair or cargo-handling operations. Payment for work in a weekend and non-working holiday is calculated and compensated in accordance with article 107 of CLL. On the desire of employee he can get other rest day;

5) annual leave is the longest rest lime. To examine this item it is necessary to analyse The Law of Ukraine «On leaves» from November, 15, 1996. Leave is free from work time of certain duration in calendar days with with the reservation of their working place (post) and average earnings in cases set by legislation.

Relations related with the different types of leaves are regulated by the Constitution of Ukraine, by The Law of Ukraine «On leaves», CLL of Ukraine, by Statutory and other legal acts of Ukraine.

Leaves depending on their payment are divided into paid – with the reservation on the period of leave of earnings and not paid – without reservation of earnings. According to the law of Ukraine «On leaves» such types of leaves are established:

1) annual leaves:

– main leave (art. 6 of The Law);

– additional annual paid leave granted to employees involved in work with harmful and (or) dangerous labour conditions (art. 7 of the Law);

– additional annual paid leave for the specific character of work (art. 8 of The Law);

– other additional leaves provided by a legislation;

2) additional leaves in connection with studies (art. 13, 14 15 of The Law);

3) research leave (art. 16 of The Law);

4) social leaves:

– maternity leave (art. 17 of The Law);

– child rearing leave up to when the child reaches the age of three years (art. 18 of The Law);

– additional leave for workers who has children (art. 19 of The Law);

5) leaves are without reservation of salary (articles 25, 26 of The Law).

Take into account that other types of leaves can be set by legislation, collective agreement, and labour agreement.

The duration of the main annual paid leave granted to employees is not less than 24 calendar days per year. The main annual paid leave longer than 24 calendar days (extended main leave) is granted to employees in accordance with the CLL and laws (e.g. teachers, doctors, public servants etc.).

Plan of the lecture:

1. The notion and types of work time. Regular hours, shortened work time, part-time work.

2. The notion and types of working time routine. Calculation of working time.

3. The notion and types of rest time.