Publication date: 22.05.2024
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Regulatory acts that limited part-time employment in the public sector will be repealed
Article 102-1 of the Labor Code of Ukraine, updated on July 19, 2022, no longer contains the norm under which the conditions of part-time work of employees of state enterprises, institutions, and organizations are determined by the Cabinet of Ministers of Ukraine. This happened thanks to the Law of Ukraine dated July 1, 2022 No. 2352-IX "On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations."
Therefore, it is quite logical that the Government brings bylaws into compliance with the Law.
For this purpose, a draft resolution of the CMU "Some issues of part-time work of employees of state enterprises, institutions and organizations" was developed.
He proposes to recognize as invalid the resolution of the Cabinet of Ministers of Ukraine dated April 3, 1993 No. 245 "On part-time work of employees of state enterprises, institutions and organizations."
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At the same time, the order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, and the Ministry of Finance of Ukraine dated June 28, 1993 No. 43 "On approval of the Regulation on the conditions of part-time work of employees of state enterprises, institutions and organizations" will be canceled.Also expire:
• Clause 6 of the Resolution of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine dated August 31, 1996 No. 1033 "On measures to attract additional revenues to the budget and increase the efficiency of spending budget funds to ensure financing of social payments to the population";
• Resolution of the Cabinet of Ministers of Ukraine dated March 4, 2015 No. 81 "On part-time work of employees of state enterprises, institutions and organizations who move from the areas of the anti-terrorist operation".
However, it is worth considering that Article 25 of the Law of Ukraine dated October 14, 2014 No. 1700-VII "On Prevention of Corruption" prohibits persons authorized to perform functions of the state or local self-government to engage in other paid activities (except teaching, scientific and creative activities, medical practice, instructor and referee practice in sports) or entrepreneurial activity, unless otherwise provided by the Constitution or laws of Ukraine. But it is worth noting that the norm of Article 25 of Law No. 1700 does not apply to the period of martial law, but special permits for such work have been established for certain categories of persons. Thus, on August 3, 2022, the Law of Ukraine dated July 8, 2022 No. 2381-IX "On Amendments to the Law of Ukraine "On Prevention of Corruption" regarding the specifics of the application of legislation in the field of prevention of corruption under martial law" will enter into force.The law establishes that during the period of martial law introduced by the Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 "On the introduction of martial law in Ukraine" (approved by the Law of Ukraine dated November 26, 2018 No. 2630-VIII "On approval of the Decree of the President of Ukraine "On the introduction of martial law in Ukraine"), the restriction established by Clause 1 of the first part of Article 25 of the Law of Ukraine No. 1700-VII of October 14, 2014 "On Prevention of Corruption", i.e. the ban on working part-time or engaging in other paid activities, does not apply:
• for civil servants (except civil servants of category "A");
• to officials of local self-government (except for officials whose positions are assigned to the first - third categories), if such persons are on leave without salary;
• on officials of local self-government (except for officials whose positions are assigned to the first - third categories), if such persons are idle.
