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Publication date: 22.05.2024
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SITUATION
Mrs. Victoria, who is an internally displaced person who left the territory of active combatants and did not leave her main place of work, contacted the State Office, because the enterprise was destroyed, and there is no contact with the management. Mrs. Victoria got a part-time job, but she believes that the work experience will not be counted, because there is no work book.
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COMMENT
In the case of part-time employment, the employer must comply with the requirements of the fourth part of Article 24 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code of Ukraine), according to which an employee cannot be allowed to work without concluding an employment contract drawn up by order or order of the employer, and notification of the State of the Fiscal Service of Ukraine on hiring an employee.
An employee who is hired part-time at another enterprise, institution, or organization must, in particular, provide the employer with a passport.
If part-time work requires special knowledge, the employer has the right to request a diploma or other document about the acquired education or professional training.
On the basis of the employee's application, they issue an order on part-time employment. Since the employee's work book is located at the main place of work, accordingly, an entry in it about acceptance of part-time work can be made at the employee's request at the main place of work on the basis of an extract from the order on part-time work.In addition, information on labor relations with part-time employees must be reflected by employers in the tax calculation of the amounts of income accrued (paid) for the benefit of taxpayers — natural persons, and the amounts of tax withheld from them, as well as the amounts of the accrued single contribution, approved by order of the Ministry of Finance of Ukraine dated January 13, 2015 No. 4 (as amended by the order of the Ministry of Finance of Ukraine dated July 4, 2022 No. 189). Therefore, in the case of part-time work, the insurance experience will be counted.
We draw your attention to the fact that from June 10, 2021, the record of the labor activity of employees will be kept in electronic form in accordance with the Law of Ukraine dated February 5, 2021 No. 1217-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Record of Labor Activity of an Employee in Electronic Form", which made changes, in particular, to Article 48 of the Labor Code.
Note that the paper work book as a document has not been canceled, it remains in personnel practice. At the request of employees, employers are obliged to enter in the work books kept by employees, records of hiring, transfer and dismissal, incentives and awards for success at work, but now they are not the main document about the work activities of employees. After all, nowadays the main place of storage of information about labor activity is the register of insured persons of the State Register of mandatory state social insurance.
Therefore, taking into account the above, the fact that the employee does not have a paper work book is not an obstacle to crediting part-time work experience in this situation.
