Can a company hire a part-time worker without a main place of work?

According to Ukrainian legislation (Part 2 of Article 21 of the Labor Code of Ukraine), each person is entitled to conclude an employment contract with one or several enterprises, except for cases where this is not foreseen, for example, by a collective agreement or agreement of the parties.

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At the same time, enterprises can not hire a person on a condition of conciliation if he does not have a main place of work (this is stated, in particular, in the letter of the Ministry of Social Policy of Ukraine from October 13, 2004, No. 36-298).

However, the employer also has no right to demand from the candidate the presence of the main place of work (Articles 24 and 25 of the Labor Code of Ukraine).

As it is reported in the Ministry of social policy from 25.05.2015 No 198/06 / 186-15, the employer is not obliged to check whether a candidate has a main place of employment.  He can only ask the employee to provide the relevant information.

Moreover, the employer does not have the right to refuse persons to hire part-time jobs due to lack of information about their main place of work (the Ministry of social policy list from 14.04.2017 No 8185/0 / 2-17 / 13). This is a violation of labor legislation (as a groundless refusal).

The labor legislation does not oblige the employee to inform the company, in which he works part-time, about dismissal from the main place of work. That is, even if the employee provided all the information about his main place of employment, he may subsequently retire from it and not inform the other employer of this fact. In this case, the employer is not responsible for the failure of the employee to inform about his dismissal from the main place of work by law.

Thus, the only thing that a company that hires an individual in a company can do is to ask the employee to provide information on the presence of the main place of work or its change (letter of the Ministry of Social Policy from 09.06.2017 No 294/0 / 22-17 / 134).