Current issues of legal regulation of working time and rest time of IT employees

Abstract

The article is devoted to the problem of transformation of the legal regulation of working time and rest time of IT workers in the conditions of the mass spread of the processes of informatization and intellectualization of production, the dominance of intellectual capital, and the active promotion of information and communication technologies. The purpose of this article is to find out the specifics of working conditions (working time and rest time), to single out the shortcomings of the national legislation of Ukraine of the specified institute.
 This was achieved due to the descriptive method was used, because this method made it possible to consider the principles of Agile and Waterfall for the distribution of working time, time trackers as a means of accounting for working time; the method of analysis, because this method allowed to investigate the right of IT workers to additional leave for working at a computer; the comparative legal method, which provided an opportunity to study the concepts of "working time", "non-working time", "rest time" and "vacation"; a comparative method because this method allowed to compare the principles of Agile and Waterfall with each other, as well as their comparison with the principles of labor law.
 We have found that: (a) time trackers are an effective means of accounting for working hours for IT workers; (b) IT industry specialists follow the principles of Agile and Waterfall during the distribution of working time, which echo the following principles of labor law: humanism, observance of labor discipline and subordination of subjects of labor relations to a certain legal regime, distribution and use of labor of workers and employees, the principle of certainty of labor function and stability of labor relations, etc.; (c) the calculation of calendar days of leave for computer work of IT workers is not sufficiently regulated at the legislative level. The results of the study can be used for further generalization of the peculiarities of the working conditions of IT workers.