Flexible working hours, remote and home work as ways of organizing work during armed aggression or a pandemic. Common features and differences (+ labor contract on remote work and labor contract on home work)

Flexible Working Hours (FWG)

(Article 60 of the Labor Code of Ukraine)

Work at home

(Art. 60-1 Labor Code of Ukraine)

Remote work
(Article 60-2 of the Labor Code of Ukraine)

HRR is a form of labor organization that allows the establishment of a different mode of operation than that determined by the internal labor regulations, subject to the established daily, weekly or other established for a certain accounting period (week, month, quarter, year, etc. .), norms of working hours

The HRD provides for self-regulation by the employee of the start, end of work and duration of working hours during the working day, for a period or indefinitely, at the time of employment or later.

If an employee is sent on a business trip, he is subject to the work schedule established at the enterprise (institution, organization) to which (to which) he is seconded.

The introduction of a flexible working time regime does not entail changes in rationing, remuneration and does not affect the scope of labor rights of employees.

Work at home is a form of labor organization in which work is performed by an employee at his place of residence or in other premises determined by him, characterized by the presence of a fixed zone, technical means (fixed production and non-production assets, tools, instruments, inventory) or a combination of them necessary for production of products, provision of services, performance of work or functions provided for by the constituent documents, but outside the production or working premises of the employer.

The performance of work at home does not entail changes in the rationing, remuneration and does not affect the scope of labor rights of employees.

Provision of the means of production, materials and tools necessary for the employee to perform work at home is the responsibility of the employer, unless otherwise provided by the employment contract. The employee, in case of using his tools, is entitled to compensation in accordance with the provisions of Article 125 of this Code.

The employer independently decides how to entrust the employee with work and control its implementation, and ensures reliable accounting of the work performed.

Work at home may be introduced exclusively for persons who have practical skills to perform certain jobs or may be trained in such skills.

Remote work is a form of work organization in which work is performed by an employee outside the workplace or employer's territory, in any place of the employee's choice and using information and communication technologies.

The procedure and terms for providing employees performing work remotely with the equipment, software and hardware, information security tools and other means necessary for the performance of their duties, the procedure and terms for submitting reports on the work done by such employees, the amount, procedure and terms for paying employees compensation for the use of equipment belonging to them or rented by them, software and hardware, information security tools and other means, the procedure for reimbursement of other expenses related to the performance of remote work are determined by the employment contract on remote work.

In the absence of a provision in the employment contract on providing employees with the equipment, software and hardware, information security tools and other means necessary for the performance of their duties, such provision is assigned to the employer organizing the installation and maintenance of the relevant means, and also pays the costs associated with this

General rule: By written agreement between the employee and the employer, regardless of the form of ownership or an authorized body.

Flexible working hours can be set:

1) at the request of the employee with acceptable time limits for the work schedule without complying with the requirements for notifying the employee no later than two months in advance about changing the work schedule;

2) by the employer - if necessary, with the obligatory notification of the employee not later than two months in advance about the change in the working hours.

The employer is obliged to familiarize employees with the conditions and specifics of the flexible working hours at least two months before the introduction of such a regime, to ensure that hours worked are recorded and effective control is made of the fullest and most rational use of working hours by the employee.

The employer, based on the structure of working time and the established accounting period of its duration for each individual employee, coordinates the work time of the employee, for whom flexible working hours are established, with the work schedule of other employees by regulating fixed, variable hours and break times for rest and food .

Special rules:

At the time of the threat of the spread of an epidemic, pandemic and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature: may be established by order (instruction) of the employer.

General rule: obligatory written form of the contract (part 1, clause 6-1, article 24 of the Labor Code).

Special rules:

At the time of the threat of the spread of an epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, an order (instruction) of the employer may be introduced.

General rule:

obligatory written form of the contract (part 1, clause 6-1, article 24 of the Labor Code).

Special rules:

1) An employee may demand from the employer a temporary, up to two months, transfer to remote work, if actions containing signs of discrimination were committed against him at the workplace. At the same time, the employer may refuse such a transfer to the employee if remote work is not possible due to the employee's job function, and also if the employee did not provide facts confirming that discrimination, sexual harassment or other forms of violence took place.

2) At the time of the threat of the spread of an epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, may be introduced by order (instruction) of the employer.

The standard form of an employment contract for work at home is approved by the central executive body that ensures the formation of state policy in the field of labor relations.

RRP provides:

1) a fixed time during which the employee must be present at the workplace and perform their duties. This may provide for the division of working time into parts;

2) shift time, during which the employee, at his own discretion, determines the periods of work within the established norm of working hours;

3) break time for rest and meals.

Working hours may not exceed the norms provided for in Articles 50   and 51 of this Code.

The total length of working time may not exceed the norms provided for in Articles 50   and 51 of this Code.

An employee performing remote work is guaranteed a period of free time for rest (disconnection period), during which the employee can interrupt any information and telecommunication connection with the employer, and this is not considered a violation of the terms of the employment contract or labor discipline. The period of free time for rest (disconnection period) is determined in the employment contract for remote work.

As a rule, the workplace is fixed at the place of his residence or in other premises determined by him, characterized by the presence of a fixed zone, technical means (fixed production and non-production assets, tools, instruments, inventory) or a combination of them necessary for the production of products, the provision of services, performance of works or functions provided for by the constituent documents, but outside the industrial or working premises of the employer.

In the case of the introduction of work at home, the employee's workplace is fixed and cannot be changed at the initiative of the employee without agreement with the employer in the manner specified in the employment contract on work at home. The decision of the employer to refuse to grant consent to a change of workplace at the initiative of the employee must be justified.

If the employee is unable to perform work at a fixed workplace for reasons beyond his control, he has the right to change his workplace, subject to notification of the employer at least three working days before such a change in the manner specified in the employment contract on work at home. In this case, the norms of part three of this article shall not apply.

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Outside the work premises or the territory of the employer, in any place of the employee's choice and using information and communication technologies.

When introducing remote work, the employee independently determines the workplace and is responsible for ensuring safe and harmless working conditions at it.

By agreement between the employee and the employer, the performance of remote work may be combined with the performance of work by the employee at the workplace on the premises or on the territory of the employer. Features of the combination of remote work with work at the workplace in the premises or territory of the employer are established by the employment contract on remote work.

In case of production and technical necessity and / or to perform urgent or unforeseen tasks, the employer may temporarily (for a period of up to a month during a calendar year) apply to employees who have a flexible working hours, the general mode of work at the enterprise, institution, organization. In this case, the norms of the third part of Article 32 of the Labor Code do not apply.

In the event of the introduction of the GRFR during the threat of the spread of an epidemic, pandemic and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, the GRFR is terminated with the termination of these circumstances.

At the time of the threat of the spread of an epidemic, pandemic and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, the GRFR may be established by order (instruction) of the employer.

The employee gets acquainted with such an order (instruction) within two days from the date of its adoption, but before the introduction of flexible working hours.

In this case, the norms of the third part of Article 32 of this Code shall not apply.

At the time of the threat of the spread of an epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, work at homek may be introduced by order (instruction) of the employer without the obligatory conclusion of an employment contract on work at home. work in writing.

The employee gets acquainted with such an order (instruction) within two days from the date of its adoption, but before the introduction of work at home.

In this case, the norms of the third part of Article 32 of the Labor Code do not apply.

At the time of the threat of the spread of an epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and / or in the event of a threat of armed aggression, an emergency situation of a man-made, natural or other nature, remote work may be introduced by order (instruction) of the employer without the obligatory conclusion of an employment contract on remote work. work in writing.

The employee gets acquainted with such an order (instruction) within two days from the date of its adoption, but before the introduction of remote work.

In this case, the norms of the third part of Article 32 of the Labor Code do not apply.

That is, GRFR, work at homeand remote work is a change in essential working conditions, and is defined in Part 3 of Art. 32 of the Labor Code, the procedure for warning the worker 2 months before the change of essential working conditions (introduction of the HRD, work at home work and remote work) do not apply