The current state of legal regulation of work beyond the established norm of working hours

The article analyzes the current state of legal regulation of work beyond the established norm of working hours. Since today there is a special need to study issues related to legal regulation of work beyond the established norm of working hours, to identify ways to improve and optimize the existing mechanism of legal regulation of this area. It is noted that the conditions of work beyond the established norm of working hours are regulated at the legislative level, which eliminates the possibility of the employer to abuse the right to use hired labor, thus protecting the rights and interests of employees. In general, the regulatory and legal system for regulating working hours in Ukraine is based on the Constitution of Ukraine (Article 45), the Labor Code of Ukraine (Chapter IV), international legal acts in the field of regulating working hours (ILO, CoE), laws of Ukraine that regulate the institution of working hours («On Collective Agreements and Agreements», «On Holidays», «On Labor Remuneration», «On Labor Protection», «On Peculiarities of Labor Relations during Martial Law», etc.), subordinate regulatory and legal acts (decrees of the President of Ukraine, resolutions of the Cabinet of Ministers, orders, letters of the Ministry of Social Policy, Family and Unity of Ukraine), local regulatory acts (collective agreement, internal labor regulations). It is summarized that work beyond the established norm of working hours can be carried out only on grounds provided for by law and be paid at double the rate. That is, such work can be applied as an exception, not as a general rule. At the same time, for violation of the conditions of engagement in such work or the conditions of their payment by the employer, liability is provided, which allows employees to apply to court for protection of their rights in case of their violation. It was concluded that when engaging in such work, a balance between work and rest must be observed, which will be the key to effective work, a guarantee that the employee will not be forced to work excessively, which can lead to overwork, reduced working capacity and deterioration of health.