The absence of lessons in the schedule does not give the right to work at another institution — State Labor Service

Teachers cannot use hours without classes in the schedule for part-time work if this time is included in their working day at their main place of work. The working hours of teaching staff include not only conducting classes, but also methodological, scientific, organizational work and other job duties.

This was emphasized by the State Labor Service of Ukraine.

The State Labor Service explains that the absence of lessons on a certain day does not mean that the employee is relieved of his/her labor duties. If the day is designated as a working day in accordance with the schedule of the educational institution, the teacher must perform other job duties stipulated by the employment contract and job description.

At the same time, performing part-time work during the hours paid at the main place of work is considered a violation of labor discipline.

Separately, the State Labor Service draws attention to the fact that remote work or flexible working hours do not create additional free time for employment at another institution. During remote work, the teacher is obliged to perform his/her professional duties during the specified working hours, in particular methodological activities, preparation for classes and self-education.

A flexible schedule also does not reduce the duration of working hours, but only changes the order of its distribution, for example, the time of the beginning or end of the working day.

When is part-time work allowed

Part-time work is allowed only during free time from the main job. If the schedules of the two jobs overlap, this may be the basis for claims during inspections, in particular regarding double payment for the same working hours.

To avoid violations, the State Labor Service recommends:

keeping proper records of working hours and ensuring that part-time work begins only after the end of the working day at the main place of work;
if the teaching load is less than the full rate, officially determine by order the days or hours that are free from the main job;
coordinate the part-time work schedule with the management of the main educational institution.
Part-time and combination: what is the difference

The State Labor Service also reminded that part-time work and combination of professions (positions) are different forms of labor organization.

Part-time work involves performing other paid work on the basis of a separate employment contract during free time from the main job. This right is enshrined in Article 102-1 of the Labor Code of Ukraine.

In contrast, combining professions (positions), stipulated in Article 105 of the Labor Code of Ukraine, means the performance by an employee of additional duties in another position or the performance of the functions of a temporarily absent employee without dismissal from the main job and without concluding a separate employment contract.

The State Labor Service emphasizes: the absence of classes in the schedule in itself is not a reason to consider this time free and use it for other paid work.