Note that according to part. Article 1021 of the Labor Code of Ukraine stipulates the conditions of work for employees of state-owned enterprises in combination with the Cabinet of Ministers of Ukraine. Therefore, these issues are regulated by the resolution of the Cabinet of Ministers of Ukraine “On work in combination of employees of state-owned enterprises, institutions and organizations” of April 3, 1993 No. 245 (hereinafter - Resolution No. 245). In order to comply with Resolution No. 245, by the Order of the Ministry of Labor, the Ministry of Justice and the Ministry of Finance of Ukraine No. 43 of June 28, 1993, the Regulations on Working Conditions for Employees of State-Owned Enterprises, Institutions and Organizations (hereinafter - Regulation No. 43) were approved.
Pursuant to paragraph 1 of Regulation No. 43, part-time employment is considered to be an employee's performance in addition to his / her main other regular paid work under the terms of an employment contract at the time of the same or another enterprise, institution, organization or citizen (entrepreneur, private person) for hire .
Pursuant to paragraph 2 of Regulation No. 245, the duration of part-time work may not exceed four hours per day. On weekends (according to the schedule of work of the main enterprise) full-time work is allowed to work part-time. The total duration of part-time work during the month should not exceed half the monthly standard of working time.
When hiring a part-time employee, no employment record is provided. Pursuant to Part Three, Paragraph 1.1 of the Instruction on the Procedure for Keeping Employee Records, Approved by Order of the Ministry of Labor, Ministry of Justice, Ministry of Social Welfare No. 58 (hereinafter - Instruction No. 58), for persons working part-time, employment records are conducted only at the place of main work. Recording of part-time work is carried out at the request of the employee and is indicated in the employment record in a separate line (paragraph 2.14 of Instruction No. 58). Thus, work at the main place of work can be at one enterprise only.
In addition, in accordance with the second paragraph of Article 21 of the Labor Code of Ukraine, restrictions on compatibility may be imposed by law, including the collective agreement, as well as the employment contract, which is fundamental for the employee.
Violation of restrictions on part-time employment, established by law, collective or employment contract, is the basis for bringing an employee to disciplinary responsibility. In such circumstances, disciplinary sanctions such as dismissal may be applied - in particular, this is stated in the letter of the Ministry of Labor and Social Policy of Ukraine No. 2-1 / 06 / 187-13 of 28.03.2013.
