The modern labor market requires companies to be flexible in organizing work processes, leading to the implementation of an irregular working hours regime (IWH). This approach is becoming increasingly popular as it allows employees to fulfill their duties outside of standard working hours.
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Although the irregular working day does not have a clear definition in the Labor Code of Ukraine, it is mentioned in the Law of Ukraine “On Vacations” as a basis for receiving additional leave. The official definition of IWH can be found in Recommendation No. 7: it is a special work regime where the duration of the work process cannot be clearly defined.
Who Can Work Under an Irregular Schedule?
Typically, employees with irregular working hours include those who frequently perform tasks outside of standard working hours. Such professions include company directors, couriers, and drivers.
According to legislative norms, an irregular working day can be established for three main categories of employees:
- Those whose work cannot be precisely accounted for in time.
- Individuals whose working hours are divided into parts of indefinite duration.
- Employees who independently plan their working hours.
The list of specific positions for which an irregular working day may be established should be clearly outlined in the collective agreement of the enterprise. IWH can be applied regardless of the workplace, whether in the office or remotely.
Differences Between Irregular Working Hours and Overtime
Irregular working hours differ from overtime in several important aspects:
- IWH is established in advance, while overtime work is an exceptional case.
- There are serious restrictions for overtime work: a union’s permission is required, prohibitions for certain categories of employees, and a limited maximum duration. In contrast, there are no such restrictions for IWH.
- Overtime work is paid at double the rate, while work under irregular working hours is compensated only with additional leave of up to 7 days.
For employees with irregular working hours, the general working schedule of the company applies. The employer does not have the right to constantly involve them in work beyond the established duration. Additional work may only be permissible in cases of urgent task completion within the scope of their duties.
The collective agreement can establish the permissible number of overtime hours. According to the law, the only mandatory compensation for irregular working hours is additional annual leave of up to 7 calendar days. However, the employer has the right to establish additional payments at their discretion, which must be documented in the employment or collective agreement.