Hired employees and contracts with attorneys: what to consider for attorneys at law and law firms
Like other legal entities, law firms and bureaus may enter into employment contracts. Relations with employees are regulated by the Labor Code. Other attorneys may also be engaged on a contractual basis.
It should be borne in mind that the Tax Code of Ukraine does not set any restrictions on the number of employees for legal entities that apply the simplified taxation system - the single tax of the 3rd group.
When hiring an employee, the employer must notify the tax authorities in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 413 dated 17.06.2015 «On the Procedure for Notifying the State Tax Service and its Territorial Bodies of Hiring an Employee / Concluding a Gig-Contract».
In this case, the notice must be submitted before the employee starts working under the concluded employment contract, in particular, by means of electronic communication using a qualified electronic signature of the employer's responsible (official) persons in the form «J(F)3001001» Notice of Employment of an Employee».
In addition, the bureau and association of attorneys may engage other attorneys on a contractual basis to fulfill the concluded agreements on the provision of legal aid. In this case, the bureaus and associations must ensure that the professional rights of attorneys and guarantees of the practice of law are respected (part 6 of Article 14, part 6 of Article 15 of the Law on the Bar and Practice of Law).
In this regard, the Bar Council of Ukraine approved clarifications regarding the conclusion of an agreement between a law firm and another lawyer who is self-employed (Decision No. 33 dated 12.04.2019). The document states that civil law does not require the conclusion of a specific type of agreement. This issue is resolved by agreement between the attorney and the law firm.
Therefore, if there is a need for a one-time engagement of an attorney to the activities of the Attorneys' Office, it is necessary to conclude an agreement (contract) on the engagement of an attorney, which cannot contradict civil law, the Law «On the Bar and Practice of Law», UNBA acts and the charter of the relevant Attorneys' Office.
The article was prepared by Dmytro Khutornyi, deputy chairman of the UNBA Committee on Attorneys' Practice.
Popular news
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates