The dissertation is devoted to a comprehensive analysis of the legal regulation and practical application of non-standard working time regimes in Ukraine in the context of labour market transformations, digitalisation, the spread of flexible formats of performing the labour function, and the need to ensure a balance between the interests of employees and employers. The study substantiates that the classical model of work organisation (a stable workplace and fixed start and end of the working day) does not encompass all real forms of employment and therefore requires doctrinal and нормативне (regulatory) refinement of instruments capable of ensuring predictability and fairness of regulation under different organisational models of work. The author proceeds from the premise that non-standard working time regimes should be treated as legal constructs intended to adapt the organisation of work to changing socio-economic conditions without losing basic labour guarantees.
The theoretical and legal part of the main text focuses on уточнення (clarification) of the content of the concepts “working time” and “working time regime”, their features, and their relationship with related categories (work schedule, working time recording, rest time, overtime). It is proven that the working time regime is not only a technical and organisational element of internal labour rules, but also a legally significant instrument that determines the procedure for implementing the labour function, affects the scope of employee guarantees, is structurally connected with remuneration and disciplinary liability mechanisms, and therefore requires proper formalisation. It is emphasised that the normative certainty of the regime (through legislation, a collective agreement, local acts and/or an employment contract) directly affects the quality of law enforcement and reduces the conflict potential of labour relations.
The dissertation systematises the principles that should determine the proper application of non-standard working time regimes: voluntariness and contractual character of introducing the regime; autonomy of work organisation by the employee within agreed rules; orientation towards labour results; flexibility and variability; balance of the parties’ interests; efficiency in the use of working time. It is determined that these principles perform the function of legal guidelines for preventing abuses, in particular with respect to hidden extension of working time, the formal nature of “voluntariness”, and shifting organisational risks onto the employee. In this context, the importance of combining legislative guarantees with local normative regulation is emphasised as a mechanism for achieving predictability and fairness.
The most detailed analysis is devoted to the mechanisms of implementation and problematic issues of applying flexible working time arrangements, an irregular working day, remote and home-based work, as well as certain aspects of an employment contract with non-fixed working time. For flexible working time, its structural elements (fixed and variable time, breaks, reference period), the procedure for its introduction and the role of local acts are characterised. It is proven that the effectiveness of flexible working time depends on transparent rules of employee availability, a clear model of working time recording, correct determination of rest periods, and a clear distinction between working and non-working intervals, which ensures compliance with guarantees and minimises disputes.
The dissertation also identifies opportunities for bringing Ukrainian regulation closer to international labour standards and reveals instruments capable of minimising the risks of non-standard employment. The need to align national rules with international benchmarks regarding occupational safety, rest time guarantees, and the admissibility of certain models of labour intermediation is emphasised. It is concluded that the implementation of foreign approaches should be accompanied by an assessment of collisions, determination of the legal nature of relevant constructs within the national system, and a well-considered choice of the form of normative specification.
Conclusions are formulated aimed at increasing the legal certainty of non-standard working time regimes: the need to уточнити (clarify) the rules of working time recording in flexible and remote models; ensure transparency of compensation for work outside established intervals; specify the grounds and procedures for disciplinary liability taking into account digital methods of interaction; strengthen the role of local normative regulation and collective bargaining instruments for addressing issues of availability, rest, occupational safety, and non-discrimination of employees working in non-standard formats.
