Part-time Work in Ukraine: Is It Necessary to Inform the Employer About Other Jobs
An employee who officially works for several employers independently determines which job is their main one. The employer does not have direct access to state registers to verify this information and cannot require the employee to obligatorily confirm such status.
According to paragraph 12 of part one of article 1 of the Law of Ukraine "On the Collection and Accounting of the Single Contribution to Compulsory State Social Insurance" No. 2464-VI dated 08.07.2010, the main place of work is the place where the employee works under an employment contract and which they designate as the main one in their statement.
The Labor Code of Ukraine also does not impose on the employer the obligation to verify whether the employee has a main place of work. Furthermore, according to article 25 of the Labor Code of Ukraine, the employer has no right to demand documents from the employee if their submission is not provided for by law.
Although the employer cannot independently verify the employee’s status, they may ask the employee to voluntarily provide the relevant documents.
In particular, the employee may provide:
- an extract from the Register of Insured Persons of the Pension Fund of Ukraine, generated through the Pension Fund’s electronic services web portal or the "Diia" app. It contains information about employment relationships and the type of employment — main job or part-time;
- a certificate in the form of OK-5 or OK-7, which shows data about insurance experience and employers who pay the single social contribution for the employee;
- an extract from the electronic employment record book containing information about work activity;
- a certificate from the main employer in a free form indicating the position and work schedule.
At the same time, such documents may be provided only at the employee’s discretion. The employer has no right to make their submission a mandatory condition for hiring.
If the employee provides false information about the existence or change of the main place of work, the employee themselves bear responsibility for this.
Current legislation does not provide for financial liability for an employer who hired an employee part-time and was not informed about the absence or change of the main place of work.
As previously written by the "Judicial and Legal Newspaper", in Ukrainian labor legislation, the concepts of "part-time work" and "combining professions (positions)" have different legal meanings, although they are often confused in practice. Despite some similarity, these forms of additional employment differ in the way work is organized, the procedure for formalization, and the order of payment.
Part-time work means performing another paid job by the employee, in addition to the main one, based on a separate employment contract. Such work 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, the 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 hours worked.
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