Teachers Can Work at Two Institutions: How to Legally Combine Roles

Among lecturers, there is a common belief that unscheduled time can be used for work at another institution. However, labour legislation defines working time much more broadly, encompassing not only teaching but also methodological, scientific, and organisational work.

The State Labour Service has clarified that, to prevent violations of labour discipline and financial risks, the hours of primary employment and part-time work must be clearly separated.

A teacher's working time includes all official duties, not solely the hours spent conducting classes. If no lessons are scheduled on a particular day, it can still be a working day according to the institution's timetable.

Performing part-time work during hours paid by the primary employer constitutes a violation of labour discipline.

The introduction of remote work or a flexible schedule does not create additional free time for employment at another institution within established working hours. During remote work, employees must perform their official duties—including methodological work and self-education—during designated working hours, even when outside the institution.

A flexible schedule merely implies a different distribution of working hours, such as an altered start or end to the workday. It does not equate to an exemption from fulfilling the established number of hours.

Part-time work is only permissible during time free from primary employment. If schedules overlap, there is a risk of accusations of financial abuse due to double payment for the same hours.

To avoid such issues, teachers are advised to:

• Maintain accurate timesheets and ensure that part-time work hours commence after the completion of the full working day at their primary job, taking into account methodological

  activities.

• If the workload at the primary position is less than full-time, officially record, via an order, the specific days or hours that are free from the

  primary job.

• Agree on the part-time work schedule with the management of the primary institution to prevent disputes during inspections or audits by the State Labour Service.

The absence of lessons in the schedule does not equate to free time.

As previously reported by the Judicial-Legal Newspaper, in Ukrainian labour legislation, the concepts of "part-time work" and "combining professions (positions)" carry distinct legal meanings, despite often being conflated in practice. Although they share some similarities, these forms of supplementary employment differ in their organisational structure, formalisation procedures, and remuneration methods.

Part-time work involves an employee undertaking an additional paid role, separate from their primary employment, under a distinct labour contract. This work is performed exclusively during hours when the employee is not engaged in their main job. In accordance with Article 102-1 of the Labour Code of Ukraine, an employee may undertake part-time work either with their principal employer or with a different business entity. Wages for part-time work are calculated based on the actual work performed or hours worked.

Combining professions or positions refers to an employee performing additional duties within a different profession or position at the same enterprise, institution, or organisation, concurrently with their main job. This also includes performing the duties of a temporarily absent employee without being released from their primary role. This arrangement is stipulated by Article 105 of the Labour Code of Ukraine.

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