The war in the country and the introduction of martial law changed the conditions and approaches to work. The shortage of personnel due to forced migration and prolonged mobilization of citizens shifted the emphasis of employment. In particular, the number of employees combining different jobs has increased significantly. This form of employment of employees is, first of all, an additional source of income for them, and employers are able to meet the needs for qualified personnel. More on the features of this type of employment during martial law read below.
The essence of combining jobs
Combining jobs is defined as the performance by an employee, in addition to the main job, of other paid work under the terms of an employment contract in their free time from the main job at the same or another enterprise, institution, organization or individual entrepreneur (Part 1 of Article 1021 of the Labor Code of Ukraine (hereinafter – the Labor Code). Thus, in addition to the main employment contract, an employee may conclude an additional one.
This part-time work can be carried out at different enterprises. In this case, the employee's work record book is kept at the main place of work. This is the so-called external side job. Employment is also possible under the conditions of internal side job, when an employee works as a main employee and as a part-time worker at the same enterprise, but performs part-time work in their free time from main functions. In the second case, the main position is considered to be the position with the largest volume of work performed compared to the others.
An employee may work part-time at several jobs, but the employer must take into account the employee's physical ability to perform the tasks assigned. In this case, work schedules should not overlap at different locations.
Difference between side job and combining jobs
Side job is often called combining jobs, but these are different forms of employment. Side job is work performed in time free from the main job, and combined jobs is carried out in the same part of the working time as that allocated for the main job. Side job involves concluding another employment contract, regardless of whether it takes place within the same company or enterprise, or different ones. Combining jobs is called a method of involving an already employed employee to perform duties in another vacant position within the framework of a previously concluded employment contract.
Legislative requirements for side job
Side job must be officially formalized by means of an employment contract. The duration of an employee's working hours cannot exceed the norm of 40 hours per week. That is, under one employment contract, an employee can perform work no more than at a fixed rate. The work of an employee who is an individual entrepreneur and pays the relevant taxes and fees at an enterprise, institution, or organization under the terms of an employment contract is not considered side job.
A part-time worker can work more than 4 hours a day, even full-time. If the staffing schedule provides for one staff unit, based on the employee's application, the manager, if they agree, establishes a full-time working day by order - 8 hours or more. The number of side jobs an employee can have is not limited, but it is necessary to take into account the employee's real ability to perform such work. It is important that the work schedules of such an employee do not coincide at all workplaces.
