Employment contract with non-fixed working hours!

Press service of the State Tax Service of Ukraine, published 25 December 2023 at 10:07 Chapter: News

Article 21¹ of the Code of Labor Laws of Ukraine stipulates that employment contract with non-fixed working hours is a special type of employment contract, terms of which do not establish specific time for performance of work, obligation of employee to perform, which arises only in case that employer provides work provided for in this employment contract without guaranteeing that such work will be provided permanently, but subject to terms of remuneration provided for in this Article.

Employer independently determines necessity and time of the employee's involvement in work, scope of work and, within period stipulated by the employment contract, agrees with employee on working regime and duration of working hours necessary to perform relevant work. At the same time, legislative requirements regarding duration of working hours and rest time must be observed.

Number of employment contracts with unfixed working hours at one employer may not exceed 10 percent of the total number of employment contracts to which this employer is a party.

Salary is paid to employee who performs work on the basis of employment contract with non-fixed working hours, for the time actually worked.

Employee who has worked under the terms of employment contract with unfixed working hours for more than 12 months has a right to apply to the employer with a request to conclude fixed-term or indefinite employment contract under the employer's terms generally established working schedule with appropriate remuneration.