THE LEGAL REGULATION OF ON-CALL WORK
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The legal regulation of on-call work in Ukraine is extremely poor nowadays; there are the decree dated 1954 and the Act of the Ministry of Labour and Social Policy of Ukraine dated 2010, in which the first one is being detailed. Surely, the real labor relations went far away in the last 62 years, but the Project of Labor Code of Ukraine (dated May, 20, 2015) offers to regulate on-call work in the similar way to the Act of 1954. Analysis of recent researches and publications. Despite a big number of scientific papers dedicated to a theme of Working Time, the problem of on-call work is a rare object of researches. Some their aspects have been analyzed in the works of L. Ginzburg, O. Protsevsky, O. Kostiuchenko, O. Ogorodnik and others. Target of research. The target of the article is to study main characteristics of on-call work in different areas, to offer a scientific definition of them, to formulate legislative proposals. Article’s main body. The legal regulation of questions, related with a working time and the rest time, is under permanent interest of both sides of labor relations – the employer wants the employee worked as much as possible, when the latter usually aims to have more rest hours or rest days. Today the issue of working time is regulated by the Chapter IV of the Labor Code of Ukraine, social-economical and local agreements (such as a collective agreement, internal rules and regulations, timetable of on-call work etc.). But the above-mentioned Chapter contains no word of on-call work. The only act which is covering the whole country is dated April, 02, 1954. Though, the special legislation pays more attention to this kind of working time. Conclusions and prospects for the development. The project of Labor Code of Ukraine mostly copies the norms of the Act of 1954, which surely can not satisfy sides of labor relations. To consider real relations, such definition is offered: on-call work – is a duty of a worker to perform urgent tasks that happens out of his main working time according to the schedule, which is coordinated with a trade union and signed by an employer. Based on the analysis of special legislation, it is offered to divide on-call work on two kinds – urgent and professional. To avoid court conflicts it is offered to provide the right for an employer to set any worker for on-call work. The rules which prohibit working on nights, week-end days and holidays or to perform special types of work for some worker categories remain in force.
Authors and Affiliations
V. D. Aveskulov
Keywords
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