A part-time job is provided by the labor legislation. On the basis of Part 2 of Art. 21 of the Labor Code of Ukraine, a worker has the right to exercise his/her abilities for productive and creative work by concluding an employment contract in one or several companies, institutions or organizations at the same time, unless otherwise provided by the legislation, collective agreement or agreement of the parties. However, does the company have the right to hire a workerfor part-time job if he/she does not have a main place of work?
In the opinion of the Ministry of Social Policy of Ukraine, companies are prohibited to hire employees on the terms of part-time work, if they do not have a main place of work (letter dated October 13, 2004 No. 36-298).
But there is another question, does the company has the right to require from an external part-timer confirmation of the existence of the main place of work? The answer is no. This is not provided for by the current legislation (Art. 24 and 25 of the Labor Code). The employer can only ask the employee to provide information about the main place of work.
The Ministry of Social Policy in its letter dated 25.05.2015 No. 198/06/186-15 also notes: the employer has no obligation to verify the fact of the conclusion and termination of the employment contract at the main place of work. Moreover, the Ministry of Social Policy in its letter dated 14.04.2017 No. 8185/0/2-17/13 warns that the employer has no right to refuse to hire an employee for a part-time job in connection with the lack of information on the presence of the main place of work of the employee. Such an employer’s refusal is a violation of the labor legislation.
That is, the refusal in that case will be groundless, which can be qualified as violation of other requirements of labor legislation.
In addition, even if the employee during the employment provided information about the main place of work, he/she may retire from work in time.
Therefore, the only thing an employer can do is to ask the employee to provide information on the main place of work and its change. After all, the labor legislation does not oblige an employee to inform the employer, for whom he/she works part-time, about dismissal from the main place of work. There is also no liability of the employer for failure to notify him/her of dismissal from the main place of employment. This is stated in the letter of the Ministry of Social Policy of 09.06.2017 No. 294/0/22-17/134.
