Abstract
In this scientific article, the author analyzes the features of the application of a flexible working time regime in comparison with other types of special working time regimes, in particular irregular working hours, the shift method of work organization, as well as shift work. It was established that these special regimes have both common and distinctive features. Thus, the author stated that flexible working hours and irregular working hours have in common that: they are established exclusively on a contractual basis; are not implemented where their application is objectively impossible; the employee is not paid extra for the performance of a labor function beyond the normal duration of the working day. The differences are that: an employee with an irregular working day does not have the opportunity to self-regulate working hours, additional social guarantees are provided for an irregular working day. Common to shift and flexible regimes is that: employees are provided with equal guarantees regarding annual leave; the implementation of the specified regimes requires a bilateral will. What is special is that: the shift method directly assumes the place where the employee performs his work function; the shift method is applied exclusively to the enterprise, institution and organization as a whole, or individual divisions, and not to specific employees. From the analysis of flexible working hours and shift work, the author states that the common feature is that the use of the latter does not impose on the employee the obligation to actually work a greater number of hours; special guarantees of social and economic protection do not apply to employees. The difference comes down to the fact that: under a variable working time regime, the employee is obliged to perform a work function in a certain specified place; under variable working hours, the employee is obliged to perform the work function also at night, and under flexible working hours, the employee does not have this obligation.
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