Regarding the part-time employment contracts (agreements)

Press service of the State Tax Service of Ukraine, published 07 July 2023 at 12:05 Chapter: News

Article 43 of the Constitution of Ukraine stipulates that everyone has a right to work, which includes opportunity to earn for a living by work, which person freely chooses or freely agrees to.

Part 2 of Article 21 of the Code of Labor Laws of Ukraine stipulates that employee has a right to realize own abilities for productive and creative work by concluding employment contract at one or at the same time at several enterprises, institutions, organizations, unless otherwise is provided by legislation, collective agreement or agreement of parties.

This allows employees, in addition to the main employment contract, to additionally conclude the part-time employment contracts (agreements).

Resolution No. 1306 of the Cabinet of Ministers of Ukraine as of 22.11.2022 "On recognizing as invalid certain Resolutions of the Cabinet of Ministers of Ukraine on the part-time work of employees of state enterprises, institutions and organizations" determined the following as invalid, namely:

- Resolution No. 245 of the Cabinet of Ministers of Ukraine as of 03.04.1993 "On the part-time work of employees of state enterprises, institutions and organizations";

- Resolution No. 81 of the Cabinet of Ministers of Ukraine as of 04.03.2015 "On the part-time work of employees of state enterprises, institutions and organizations who move from areas of the anti-terrorist operation".

Currently, payment for the part-time work is regulated by Code of Labor Laws of Ukraine.

Requirements of Article 102¹ of the Code of Labor Laws of Ukraine and Article 19 of the Law of Ukraine "On remuneration" stipulate that the part-time work is considered to be performed by the employee, in addition to the main, other paid work under terms of the employment contract in time free from the main work at the same or another enterprise, institution, organization or employer – individual.

The part-time employees are paid for actually performed work.

Additionally please note that person cannot perform own work duties at the same time (at the same hours) at the main place of work and at the place of the part-time work.