Working While Studying: Which Employment Contract to Conclude with a Minor
The State Labor Service of Ukraine explained how to correctly determine the type of employment contract with a minor who is studying full-time: whether as a primary place of work or part-time.
“Studying is not work and is not considered labor activity, since no labor relations arise between the educational institution and the pupil or student, and no employment contract is concluded, therefore studying cannot be regarded as the primary place of work.
Thus, if a minor is employed during their studies, such work is formalized as the primary place of work. The employment contract with a minor must be properly executed: the employee cannot be allowed to work without the appropriate order (instruction) from the employer and submission of a notification about the hiring,” the statement says.
During the period of martial law, the parties may independently determine the form of the employment contract, as provided by the Law of Ukraine “On the Organization of Labor Relations under Martial Law.”
At the same time, special guarantees are established for minor employees, in particular a reduced working time (up to 36 hours per week for persons aged 16 to 18 and up to 24 hours for persons aged 14 to 16 during free time from studies), prohibition of involvement in night work, overtime, and work on weekends, as well as prohibition of labor in heavy work, underground work, and work with harmful or dangerous working conditions.
“In other words, if a minor studies and gets a job, an employment contract is concluded with them as the primary place of work,” the State Labor Service added.
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 informed about the most important events.
