Volume 02 Issue 07-2022
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses the regime of flexible working hours in labor relations, as well as issues of working hours, and
studied the regulation of this institution in other foreign countries. The provisions on the procedure and organization
of work in flexible working hours, the methodology for accounting and monitoring the use of working time,
recommendations for evaluating the effectiveness of the use of flexible working hours are also analyzed.
KEYWORDS
Labor law, labor relations, employees, working hours, regime, flexible regime, parties.
INTRODUCTION
The working time mode is a means of increasing the
efficiency of working time, since it allows you to
produce the same or more products with less effort on
the part of the employee. Properly selected and fixed
in local regulations, a rational working time and rest
regime contributes to the preservation of workers'
health, maintaining their high efficiency, rational use of
working time, meeting the needs of production and a
combination of public and personal interests. The
rationality of the working time regime in labor relations
is formed solely on the basis of: the ratio and content
of periods of work and rest, high labor productivity
combined with high and stable human performance
without signs of excessive fatigue for a long time. Such
alternation of periods of work * and rest is observed at
different time intervals: during the working shift, day,
Research Article
FLEXIBLE WORKING HOURS IN LABOR RELATIONS
Submission Date:
July 11, 2022,
Accepted Date:
July 18, 2022,
Published Date:
July 24, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue07-01
Dilfuza Abdullaeva
Acting Associate professor of the Department of Private Law, Specialized Branch of Tashkent State University
of Law Doctor of Philosophy (PhD) in Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 07-2022
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
week, year in accordance with the operating mode of
the organization. The alternation of periods of work
and rest has its own patterns during the working day,
during the week, month, year.
"The working time mode is set taking into account the
phase change in a person's working capacity during the
working day. Three phases of working capacity are
indicated on the curve: a - the increase in working
capacity (expressed in the improvement of
psychophysiological indicators of workers and the
results of their work. The duration of the phase can last
from several minutes to 1.5 hours, which depends on
the characteristics of the work performed and the
person himself); b - stable high performance (lasts 2-3
or more hours. It is characterized by the lowest labor
costs for performing certain work, high quality
indicators. At this time, the employee, as a rule,
achieves the best results of activity); c - decreased
efficiency, fatigue (occurs as a result of accumulated
fatigue. Attenuation decreases, reactions to external
stimuli slow down, the probability of erroneous actions
increases, the speed of solving production tasks slows
down, overall work results deteriorate).
After the lunch break, these phases are repeated, but
they vary in duration and magnitude: the phase of
increasing working capacity is less prolonged, the
phase of stable working capacity does not reach the
pre-lunch level, the fatigue phase occurs earlier and
lasts longer than before the lunch break. "
Thus, the working time regime, firstly, can contribute
to the correct distribution of the working time, while
the established working time in the accounting period
cannot be reduced or exceeded; secondly, it can
1
Муксинова Л.А. Проблемы регулирования рабочего
времени в СССР. М - Юрид. лит., 1969. 94 с.
ensure the proper flow of the labor process, as well as
provide time for rest and performance by workers and
employees of personal affairs, not related to the labor
function.
There was no classification of working hours at the
legislative level, and in the legal literature the idea was
expressed about the possibility of classifying working
hours on many grounds: by field of activity (general,
ordinary, special); by the duration of the calendar
period for which they are calculated (intra-shift,
weekly, annual); by structure, order of alternation
working and non-working periods (shift and non-shift,
with permanent days off and sliding, etc.); according to
the subject of labor relations (teenagers, female
workers, breast-feeding children, etc.); by the nature
of the impact on normal working hours (reducing and
not reducing the norm of working hours); by the
duration (temporary and permanent); by compliance
with the law (legal and illegal)
1
For example, C.Venediktov proposed the following
classification: 1) a regime that ensures compliance with
the duration of the working day; 2) a regime that
ensures compliance with the duration of the working
week; 3) a regime that ensures compliance with the
duration of the working day and working week for a
certain accounting period.
Note that every classification has the features of
conditionality and that under certain conditions one
phenomenon can turn into its opposite. Thus, M.I.
Baru, a representative of the science of labor law,
speaking about any classification, noted: "we observe
interaction and interpenetration here."
2
2
Венедиктов B.C. Правовое регулирование рационального
использования рабочего времени. Автореф. дис. ...
канд.юрид.наук - Харьков, 1983. - 86-87 с.
Volume 02 Issue 07-2022
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
According to the Labor Code of the Republic of
Uzbekistan, the working time regime should provide
for the duration of the working week (five days with
two days off, six days with one day off, a working week
with days off on a rolling schedule, part-time work),
work with an irregular working day for certain
categories of workers, the duration of daily work
(shifts), including part-time work (shifts), the start and
end time of work, the time of breaks in work, the
number of shifts per day, the alternation of working
and non-working days, which are established by the
rules of internal labor regulations in accordance with
labor legislation and other regulatory legal acts
containing labor law norms, collective agreements,
agreements, and for employees whose working hours
differ from the general rules established by this
employer - an employment contract.
Unfortunately, this article does not contain an exact
definition of the working hours. Both in the
educational and scientific literature, there are certain
discrepancies in the definition of the concept of
"working time mode". Thus, according to E.P.
Smirnova, the working time regime means "the
distribution of the working time norm for specific
categories of employees within a certain calendar
period."
3
I.O.Snigireva believes that "the working time regime
means the form of its organization, i.e. the distribution
of the working time norm for certain calendar periods,
3
Смирнова Е.П. Новые правила регулирования рабочего
времени и времени отдыха. М/ Пзд-во «ГроссМедиа», 2007.
128 с.
4
Трудовое право. Учебник / Под ред. О.В. Смирнова и И.О.
Снегиревой. - 3-е изд., перераб. И доп., учеб. - М.:
Проспект, 2008.- 600 с.
5
Кондратьев Е.В. Рабочее время и время отдыха. М.: ООО
«Журнал «Управление персоналом», 2006. 152 с.
taking into account the provision of rest for the
employee in this period." V.G. Malov gave a slightly
different interpretation of the working time regime. He
believed that "the working time regime in labor law
refers to the distribution of work time within a day or
other calendar period, the beginning and end of daily
work (shifts), the beginning and end of a break for rest
and meals."
4
According to E.V.Kondratiev, the mode of working
time is its distribution per day, week, start and end of
work. The mode also includes the structure of the
week, shift schedules, as well as three- and inter-shift
breaks in work, the beginning and end of the working
day, shifts, weeks. The regime also includes a shift
method of work, flexible, sliding schedules
5
. A.M.
Kassymov believes that the concept of "working time
mode" means the division of the working day during
the day or another calendar period.
6
According to G.V.Khnykin, the working time regime is a
multifunctional phenomenon. The working time
regime is the most important legal instrument that
allows the employer, and in some cases the employee,
to use elements of flexibility in the legal regulation of
labor relations. The working time regime is used by a
number of labor law institutions. First of all, he himself
is a sub-institute of the institute of working time
7
.
There is an opinion that the working time regime
should be attributed to one of the elements of a
complex labor relationship.
8
6
Касымов A.M. Трудовое право: Учебник. Баку,
«Адилоглу», 2007. 560 с.
7
Хныкин Г.В. Режим рабочего времени: особенности
современного периода // Кадровик. Трудовое право для
кадровика. 2009, № 8.
8
Дзугкоева З.В. Правовое регулирование режима рабочего
времени. Автореф. дис. ... канд.юрид.наук. - М., 2010.-113
с.
Volume 02 Issue 07-2022
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
As you can see, there are no fundamental differences
in the above scientific definitions of working hours.
Nevertheless, it is difficult to agree with the position of
G.V. Khnykin, who considers the working time regime
as a sub-institution of working time; it seems possible
for us to investigate the working time regime as an
integral part of the labor legal relationship, which the
employee is obliged to observe in good faith.
The elements of the working time regime are also
interpreted differently by different scientists at the
present time. So, Professor I.O. Snigireva in the
working time mode includes: a) the time of the start of
work; b) the time of the end of work; c) the type of
working week; d) the type of working time; e) the
duration of the accounting period; f) if necessary, the
order of alternating exits to work of certain groups of
employees
9
.
In modern conditions, in order to ensure an acceptable
level of coordination of individual, collective and public
interests during working hours, it is necessary to use
(to the legislator, the employer) in the organization of
the labor process the data of many sciences:
economics, sociology, physiology, jurisprudence and
others. It is important that the working time regime is
not only the subject of legal science research, it is also
studied in such fields as psychology, labor physiology,
"the study of these sciences is based on phenomena
that occur or may occur in the human div - in his
psyche and physiology - in the process of work. It is
known that with a stressful type of work, with
prolonged work, for example, when breaks for short-
term rest or in cases when employees are not provided
with vacation time in a timely manner, employees
9
Снигирева И.О.Табочее время и время отдыха: Учебно-
практическое пособие. М.: «Проспект», 2000. 160 с.
10
Мамедов О.Д. Режим рабочего времени и его основные
правовые формы // Трудовое право, 2009, № 4.
experience nervous overload, so-called psychological
fatigue accumulates, sometimes it is called industrial
fatigue. "
10
The flexible working time regime became widespread
in some enterprises of our country, both among
employees of the management apparatus and
production structural units in the early 70s - 80s. "The
first use of such a labor regime occurred in the USSR in
1972 at a slate processing enterprise in the city of
Kohtla-Jarve (Estonia)"93.
11
Already in 1980, flexible
schedules were used in 13 labor collectives. And in the
80s. it has been introduced at hundreds of industrial
enterprises and associations, in research institutes,
design organizations in different regions of our
country.
Flexible working conditions began to be applied in
cases when, for some reason (domestic, social, etc.),
the further application of conventional schedules was
difficult or ineffective. In practice, it was usually called
a "flexible work schedule", it allowed, at the request of
an employee, depending on his individual needs, to
shift the start and end of the working day to an earlier
or later time relative to the operating mode
established at the enterprise.
Already at that time, the flexible schedule
predetermined the boundaries of the possible start
and end of work, as well as the time of mandatory
attendance at work, which was a fixed (mandatory)
part of the working day, and the preceding and
subsequent time was a flexible part of it, during which,
at will (but with the knowledge of the immediate
supervisor), the employee could get to work, leave
work, and take a lunch break at any or pre-determined
11
Дзугкоева З.В. Правовое регулирование режима
рабочего времени. Автореф. дис. ... канд юрид.наук. - М.,
2010.-113 с.
Volume 02 Issue 07-2022
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
time. The duration of the flexible part of the working
day was usually set within 1.5-2 hours.
Flexible working hours were used not only for
individual, but also for the brigade form of labor
organization. The introduction of a flexible work
schedule in teams, as well as the permission to work on
such a schedule for individual employees, was issued
by the order of the head in coordination with the trade
union committee, which determined the beginning and
end of the working day, as well as the periods of
mandatory attendance and flexible part of working
time.
At that time, according to the assessment of managers
of enterprises where flexible working hours were used
for a relatively long time (three, five or more years),
such a working day schedule had a number of
advantages: reducing the loss of working time (since
with a flexible work schedule, the absence time had to
be worked out during the accounting period); reducing
the use of overtime; reduction of cases of being late for
work and leaving it prematurely, etc. In addition,
problems related to the simultaneous arrival and
departure of a large number of employees were solved
at large enterprises. The introduction of a flexible
schedule helped to reduce staff turnover, as a result of
which the costs of their training were reduced.
Currently, the main source of legal regulation of
working hours is only one article of the Labor Code of
the Republic of Uzbekistan, which contains only
general provisions that when working in flexible
working hours, the beginning, end or total duration of
the working day (shift) is determined by agreement of
the parties. At the same time, the employer ensures
that the employee works out the total number of
12
Миронов В.И. Трудовое право России: - М.: ИД «Интел-
Синтез», 2005. С. 502.
working hours during the corresponding accounting
periods (working day, week, month and others). This
article does not even contain the concept of "flexible
working hours".
"A flexible work schedule is a special working time
regime, which is established by agreement of the
parties to the employment contract."
12
It can be
established both when applying for a job and in the
course of work, and both for a certain period and
without specifying the term. The establishment of a
flexible working time regime for an already working
employee, as a rule, is issued by an order of the
employer. The use of flexible working hours does not
affect the provision of benefits, the calculation of work
experience and other labor rights, does not change the
criteria for evaluating, rationing and remuneration of
employees. And, finally, an entry in the workbooks of
employees is made without specifying such a mode of
work.
Among the necessary elements of the flexible working
time regime, the legislator identifies: variable (flexible)
time at the beginning and end of the working day
(shift), within which the employee has the right to start
and finish work at his discretion; fixed time - the time
of mandatory stay at work of all employees in
accordance with the flexible working time regime.
Along with the fixed, the presence of two intervals of
variable time allows you to work out the required total
number of working hours in the accounting period; a
break for food and rest usually divides the fixed time
into two approximately equal parts; the duration of the
accounting period, which determines the calendar
time (week, month, etc.) during which everyone must
work out the statutory norm of working hours.
Volume 02 Issue 07-2022
6
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
Thus, the working day, when applying a flexible
working time regime, is conditionally divided into 3
parts: two flexible time intervals - at the beginning and
at the end of the working day and a solid interval
between them, divided, in turn, also into two parts by
a lunch break.
I.Ya. Kiselyov was one of the first scientists to give the
clearest definition of the flexibility of legal regulation
of labor relations. By flexibility, he meant "maximum
consideration by all institutions of labor law of the
complexity and diversity of modern social reality, the
need to develop a feedback mechanism of labor law
and the constantly changing situation on the labor
market, market conditions, taking into account the
peculiarities and uniqueness of various market
segments, specifics in the application of labor of
various categories of workers."
13
Thus, from a legal
point of view, flexibility is manifested in "the use of
new forms of labor organization, the emergence of
atypical labor relations, the conclusion of a variety of
atypical labor contracts, both provided for and not
provided for by current legislation."
14
This, in turn,
makes it possible at the macroeconomic level to
reduce the number of unemployed, providing an
opportunity, including for the most vulnerable
categories of the population in the labor market to
earn income, maintain their skill level, and for the
enterprise to manipulate the volume of labor used at
the microeconomic level when production needs
change.
Let's turn to foreign experience, since flexible working
time models have been common at enterprises in many
countries for 20 years.
13
Киселев. И. Я. Новый облик трудового права стран
Запада (прорыв в постиндустриальное общество) - М, 2003.
С. 68.
In Sweden, flexible hours or flexible working hours
(called flextid in Swedish) were first applied in the
1960s under pressure from trade unions. However, its
advantages - increasing labor productivity, reducing
the number of absenteeism, improving the well-being
of employees - soon became obvious to employers.
According to recent research , Sweden ranks among
the first in the European Union in terms of working
time flexibility . " This allows employees to find the
optimal balance between work and family life.
Currently, various flexible working time programs are
used. More than half of employers in the public and
private sectors provide their employees with a certain
flexibility in choosing working hours - the beginning
and end of the working day. For example, "in the
Swedish State Tax Administration (Skatteverket), a
collective agreement gives most employees the
opportunity to choose their working hours.
In Norway, many companies have also relied on a
flexible schedule, since such a regime makes it possible
to work for results. This is what is considered the main
criterion of professionalism of any employee. Perhaps
that is why there are more stable family relationships
in these countries, the divorce rate is lower, since a
flexible regime allows them to devote more time to
children.
There are traditionally a lot of people working in the
UK, and it is believed that Britons work more than
workers in other European countries. For this reason,
UK employers are increasingly introducing flexible
working hours.
Summing up and taking into account that at present "a
decisive role in the development of modern labor
14
Шабанова. М.А. Особенности правового регулирования
нетипичных трудовых договоров. Автореф. дис. ...канд
юрид.наук: Я., 2008 - 21 с.
Volume 02 Issue 07-2022
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
legislation and the practice of its application is played
by strengthening the flexibility of legal regulation of
labor relations " " we believe that the article alone in
the Labor Code of the Republic of Uzbekistan is clearly
insufficient for the legal regulation of work in flexible
working hours. To this end, we consider it expedient to
include in the Labor Code of the Republic of Uzbekistan
a chapter that would regulate flexible working hours in
full.
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Муксинова Л.А. Проблемы регулирования
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2.
Венедиктов B.C. Правовое регулирование
рационального
использования
рабочего
времени. Автореф. дис. ... канд.юрид.наук -
Харьков, 1983. - 86-87 с.
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Смирнова Е.П. Новые правила регулирования
рабочего времени и времени отдыха. М/ Пзд-во
«ГроссМедиа», 2007. 128 с.
4.
Трудовое право. Учебник / Под ред. О.В.
Смирнова и И.О. Снегиревой. - 3-е изд., перераб.
И доп., учеб. - М.: Проспект, 2008.- 600 с.
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Кондратьев Е.В. Рабочее время и время отдыха.
М.: ООО «Журнал «Управление персоналом»,
2006. 152 с.
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Касымов A.M. Трудовое право: Учебник. Баку,
«Адилоглу», 2007. 560 с.
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Г.В.
Режим
рабочего
времени:
особенности
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периода
//
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Особенности
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регулирования
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8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
07
Pages:
01-08
SJIF
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MPACT
FACTOR
(2021:
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705
)
(2022:
5.
705
)
OCLC
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1121105677
METADATA
IF
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5.489
Publisher:
Oscar Publishing Services
Servi
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у
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