Hired employees and contracts with attorneys: what to consider for attorneys at law and law firms

Advocacy
15:11 Wed 07.02.24 294 Reviews
Print

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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 145
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 130
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 187
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 121
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 129
From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Discussion

From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.

10:02 Fri 04.09.26 113
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M. Stefanchuk

Legislation

The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…

Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.

17:53 Thu 03.09.26 114
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Educational events

Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.

10:29 Thu 03.09.26 110

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл