РАБОТНОТО ВРЕМЕ И ФЛЕКСИБИЛНОСТА НА РАБОТНИОТ ОДНОС

Тодор Каламатиев

Abstract


Subject of the paper is an analysisof the working time in function ofthe flexibility of employment relationship.In the introduction to the paper,the author points to the importanceof regulating the working time inthe development of labor legislationand, thus, obvious conclusion is thatregulation, that is, reducing of theworking time, at the beginning of theliberal capitalism and the industrialrevolution and today, are treated asa basic requirement of the organizedtrade union movement.In the first part of the paper, titled“Part - time job”, analyzing changesin the structure of European employment,the author focuses on the increasingimpact of diversification inworking time, where an increase ofthe rate of part-time job is observed.So, over the past two decades, employmentcontracts with part-timejob as a percentage of the total numberof employments increased inthe most industrialized countries. In1992, 14.2% of the total employeesin the EU were defined as workerswith employment contracts for parttimejob, while in 2004, the numberincreased up to 18.1%. Despitethe rough gradation of the numberof employments with part-time jobthroughout the EU, there are obviousand distinct variations within itsMember States. In this part of thepaper, appropriate attention is givento the marginal work (type of a parttimejob, which usually covers theorganization up to 19 working hoursin the working week and to the substantialwork (form of work with parttimejob, which usually covers the organizationof 20 to 34 working hoursin the working week).In the second part, titled “Overtimework”, the author analyzes thework when the employee works overthe regular number of working hoursas prescribed or agreed under anemployment contract. The Institute– overtime work, as one of a seriesof flexible mechanisms, ensures theflexibility to the employers neededto respond to the market demand,bottlenecks in production and shortagesof labor force, without the need to engage additional labor force. It isa work that is not part of the usualorganization of the weekly workinghours of an employee and a job forwhich the employee can not be adequatelycompensated (paid).The third part, titled: “flexi workingtime” focuses on elaboration ofthe employment contract with flexitime,which is another often mentionedsub-form of contracts withinthe internal numerical flexibility. Itis such type of contract by whichthe working time of an employeecan vary within certain limits (beginningand end of a workday). Flexibleworking time (flexitime) is variableworkingtime with variable organization,which is antonym to the traditionalemployment contracts.In the next part of the paper, theauthor elaborates the compressedweekly working time as a flexiblemodel of organization of the workingtime, which is characterized byincreasing the number of workinghours worked on a daily basis, but atthe same time by reducing the numberof days worked during the workingweek.In the part titled “Legal regulationof the working time in the Republic ofMacedonia” (with special emphasison part-time and overtime work asflexible forms), the author analyzesthe standard forms of regulation ofthe working time that are correlated and converge with the general theoryfor classification of the working time.Hence, the Macedonian labor law incorporatesboth basic classificationsof working time: by duration and bythe day / night period of carrying outthe work. They are the subject of researchin this part of the paper.

Keywords: worker, employer, employment,working time, overtimework


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