Social and Legal Studios

Abstract

In most countries, one of the most important problems of the worker’s time is the rational distribution of working hours and rest periods. In Ukraine, the legal regulation of working time is carried out with the norms of the Labor Code of Ukraine. The legislator defines working time schedules as the establishment of working time and rest periods, shift of labor, the introduction of accountability of working time, the period between the start and end of the working day, the duration of the break for rest and food, the division of the working day into parts. If the division of the working day into parts is provided by the legislation of Ukraine, then it applies only when there is an appropriate agreement. Neither the employee nor the employer can unilaterally change the duration and scheduling of working hours and the procedure for their distribution, as this contradicts the principles of contractual practice of labor relationships based on the employment contract. It is revealed that there are only rare legislative acts of the working day division into parts, and it characterizes the limited scope of legal regulation. The grounds and procedure for establishing a divided working time of the employee have been determined on the basis of the study of the acts of social partnership, the legislation of Ukraine, the experience of foreign countries and the materials of the judicial practice. For employers, at the level of a separate local act (or as an annex to a collective agreement), it is expedient to determine the list of employees that agree to the working time division into parts in accordance with the target list of relevant posts of employees, which is recommended to be affixed as an annex to the Branch Agreement. There is an objective need to systematize and arrange the content of normative and legal acts regulating the division of working day into parts. The new codification act of the labor legislation establishes a new approach to the legal regulation of relationships concerning the division of working time into parts based on a mutual agreement between the employee and the employer

Keywords: employment contract, collective agreement, working day division into parts, working time schedules

Suggested citation