Part-time work and combining positions: procedure for registration, payment, and key differences

In Ukrainian labor legislation, the concepts of "part-time work" and "combining professions (positions)" have different legal meanings, although in practice they are often confused. Despite some similarities, these forms of additional employment differ in the way work is organized, the registration procedure, and the payment method.

Part-time work means performing another paid job by an employee, in addition to the main one, based on a separate employment contract. Such labor activity is carried out exclusively during free time from the main job. According to the provisions of Article 102-1 of the Labor Code of Ukraine, an employee has the right to work part-time both for their main employer and for another business entity. In this case, the salary is calculated depending on the actual work performed or the time worked.

The main characteristic feature of part-time work is the existence of a separate employment contract and the performance of additional duties outside the established working hours at the main place of work. Depending on where such work is performed, internal part-time work is distinguished, when an employee combines several positions within one employer, and external part-time work, when additional labor activity is carried out for another employer.

Combining professions or positions means performing additional work by an employee at the same enterprise, institution, or organization alongside their main job in another profession or position, or performing the duties of a temporarily absent employee without being released from the main job. This procedure is provided for by Article 105 of the Labor Code of Ukraine.

Unlike part-time work, no new employment contract is concluded when combining positions. The employee continues to work under their main employment contract but additionally performs other duties within the established working hours. For such work, the employee is granted an additional payment, the amount of which is determined under the conditions provided by the collective agreement.

Main differences

Part-time work is separate work under a separate employment contract during free time from the main job.

Combining positions is additional work within the main working hours without concluding a new employment contract.

In part-time work, payment is made for the actual work performed, while in combining positions, the employee is granted an additional payment for the extra workload.

What employers and employees should pay attention to

When formalizing labor relations, it is important to clearly distinguish between part-time work and combining positions, as this affects the organization of work and its payment. If an employee performs additional work outside their main working hours based on a separate employment contract, it is part-time work. Combining positions occurs when an employee performs additional functions during the working day alongside their main duties without being released from the main job. This is emphasized by the Kherson Court of Appeal.

Incorrect determination of the type of additional employment can cause labor disputes, particularly regarding salary amount, working hours regime, the scope of the employee's duties, and the legality of personnel decisions made by the employer.

Thus, part-time work and combining positions are different legal tools for involving an employee in additional work. The main difference is that part-time work involves concluding a separate employment contract and performing work during free time from the main job, whereas combining positions is carried out within the established working hours and is compensated by paying an appropriate allowance.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay updated on the most important events.