The Essence Dynamics of the Legal Regulation of Working Time
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Abstract
Working time is an important part of labour law. It reflects the fact that the very first convention of International Labour Organization designed to shorten it. It is tended to consider today that standard working time may not exceed 8 hours per day and 40 hours per week.
However, international labour law leads to different and flexible practices in different countries. Notwithstanding requirements of European Social charter (revised) and its Social Rights Committee conclusions, as well as authority of the International Labour Organization itself and its working time standards measured on the tripartite basis, today’s discussions in the European Union show that employees’ rights are not protected well enough even in the industrialised countries. An “opt-out“ clause, as well as practices of long reference periods witnesses that there is no unified understanding of working time standards. For example, there is still no answer what maximum working week time limit should be followed in cases of different exceptions, which are allowed by international legislation. Labour law in countries of other continents show even more diverse tendencies (Japan, the United States of America, etc).
Nowadays when different forms of work organization are widespread, an effective illegal work control and labour conditions monitoring mechanisms should be introduced. On the other hand, it is also important, that working time regulations should not be too rigid and not applicable in practice. However, an importance of health and safety at work, as well as family life and leisure time of employees should not lose its priority.
Experience showed that a centralised system when the Government makes its own decisions is not effective. It constitutes negative effect for business. Moreover, both parties of labour relations (employee and employer), as well as participants of illegal labour market do not follow them. Therefore, it is important to involve social partners at all levels (enterprises, branch, territorial, national and international) in the process of creation of legal working time instruments and its implementation.
Working time is a complex phenomenon. Therefore setting national or international standards economic criteria, as well as unemployment level, should be taken into account. As a result, to stimulate flexible forms of work, if necessary, social insurance or other taxes privileges may be introduced.
Finally, it is important to apprehend legal norms of working time organisation as a part of the individual culture of each country and nation.
However, international labour law leads to different and flexible practices in different countries. Notwithstanding requirements of European Social charter (revised) and its Social Rights Committee conclusions, as well as authority of the International Labour Organization itself and its working time standards measured on the tripartite basis, today’s discussions in the European Union show that employees’ rights are not protected well enough even in the industrialised countries. An “opt-out“ clause, as well as practices of long reference periods witnesses that there is no unified understanding of working time standards. For example, there is still no answer what maximum working week time limit should be followed in cases of different exceptions, which are allowed by international legislation. Labour law in countries of other continents show even more diverse tendencies (Japan, the United States of America, etc).
Nowadays when different forms of work organization are widespread, an effective illegal work control and labour conditions monitoring mechanisms should be introduced. On the other hand, it is also important, that working time regulations should not be too rigid and not applicable in practice. However, an importance of health and safety at work, as well as family life and leisure time of employees should not lose its priority.
Experience showed that a centralised system when the Government makes its own decisions is not effective. It constitutes negative effect for business. Moreover, both parties of labour relations (employee and employer), as well as participants of illegal labour market do not follow them. Therefore, it is important to involve social partners at all levels (enterprises, branch, territorial, national and international) in the process of creation of legal working time instruments and its implementation.
Working time is a complex phenomenon. Therefore setting national or international standards economic criteria, as well as unemployment level, should be taken into account. As a result, to stimulate flexible forms of work, if necessary, social insurance or other taxes privileges may be introduced.
Finally, it is important to apprehend legal norms of working time organisation as a part of the individual culture of each country and nation.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
