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Publication date: 22.05.2024
active and purposeful military lawyer with more than 4 years of experience
Coexistence and combination — features of application and differences
The legislation of Ukraine defines that an employee has the right to realize his abilities for productive and creative work by concluding an employment contract at one or at the same time at several enterprises, institutions, organizations, unless otherwise provided by legislation, a collective agreement or an agreement of the parties.
In the field of labor relations, there are such concepts as co-operation and co-operation, and they are quite often confused, so let's consider the differences inherent in them.
Moonlighting
In accordance with Article 102-1 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), part-time work is considered to be the performance by an employee, in addition to the main one, of other paid work under the terms of the employment contract in the time free from the main job at the same or another enterprise, institution, organization or at the employer - a natural person.
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Employees who work part-time receive wages for the work actually performed.
In practice, part-time work is divided into external and internal:
• in the case of external part-time work, the work is performed at another enterprise or business entity (not at the main place of work);
• in the case of internal part-time work, the work is performed at the same enterprise, where the employee works as a main employee and as a part-time employee, but performs part-time work in his free time from the main job.
Accounting for part-time working hours is kept separately from accounting for working hours for the main position.Since a separate employment contract is concluded with both internal and external part-time employees, it is worth remembering the need to submit a notice of hiring the employee to the tax service.
Combination
The concept of combining is understood as the performance by an employee at the same enterprise, institution, organization, along with his main job stipulated by the employment contract, of additional work in another profession (position) or the duties of a temporarily absent employee without being relieved of his main job.
That is, combining is one of the ways of involving an already employed employee to perform duties for another (different from the occupied) vacant position within the limits of a previously concluded employment contract.
The work is carried out at the same enterprise during the main working hours in the same period of working time that is allocated for the main work due to an increase in the intensity of work and the amount of work performed with an unchanged duration of working hours, as a rule, within the same category of personnel to which it belongs this employee
At the same time, a separate labor contract is not concluded with the employee, only an order is issued to admit the employee to work under a combination and a supplement to the basic salary is established.
The amount of additional payments for combining professions (positions) or fulfilling the duties of a temporarily absent employee, in accordance with the second part of Article 105 of the Labor Code, is established on the terms stipulated in the collective agreement.
Combined work is not displayed in the timesheet.A prerequisite for combining professions (positions) and for co-working is the availability of a vacant position in the staff list. In the absence of a vacancy, it is not possible to combine or part-time work.
Thus, part-time work is the performance of work in additional time (free from the main work), and the combined work is carried out in the same period of working time that is allocated for the main work.
