The State Tax Service of Ukraine says that according to Art. 43 of the Constitution of Ukraine, everyone has the right to work, which includes the opportunity to earn a living by work that he freely chooses or freely agrees to.
According to Part 2 of Art. 21 of the Labor Code, an employee has the right to realize his abilities for productive and creative work by concluding an employment contract at one or at the same time at several enterprises, institutions, organizations, unless otherwise provided by legislation, a collective agreement or an agreement of the parties.
This allows employees, in addition to the main employment contract, to additionally conclude part-time employment contracts (agreements).
Resolution of the CMU dated November 22, 2022 No. 1306 “On recognizing as invalid certain resolutions of the Cabinet of Ministers of Ukraine on part-time work of employees of state enterprises, institutions and organizations” was recognized as invalid, namely:
– Resolution of the CMU of April 3, 1993 No. 245 “On part-time work of employees of state enterprises, institutions and organizations”;
– Resolution of the CMU dated 04.03.2015 No. 81 “On part-time work of employees of state enterprises, institutions and organizations who move from the areas of the anti-terrorist operation”.
Currently, payment for part-time work is regulated by the Labor Code. According to the requirements of Art. 102-1 of the Labor Code and Art. 19 of the Law of Ukraine “On Remuneration” is considered to be part-time work performed by an employee, in addition to the main, other paid work under the terms of the employment contract in the time free from the main work at the same or another enterprise, institution, organization or employer – a natural person.
Part-time employees are paid for the work actually performed.
In addition, we inform you that a person cannot perform his work duties at the same time (in the same hours) at the main place of work and at the place of part-time work.