Publication date: 14.07.2024
Protection of freelancers' rights: legal aspects, regulations and practical recommendations
Freelancing is becoming an increasingly popular form of employment around the world, including in Ukraine. Freelancers have the opportunity to work independently, choose projects and clients, and manage their working hours. However, this type of activity has its own legal challenges related to the protection of freelancers' rights, contracting, taxation and social protection. In this article, we will review the main legal aspects of freelancers' rights protection, the regulatory framework in Ukraine and provide practical recommendations for freelancers.
Main legal aspects of freelancers' rights protection
The main legal aspects of freelancer protection cover various areas, including contracting, remuneration, intellectual property protection, social security, taxation and dispute resolution. The main legal aspects include:
Contracting:
- Freelancers should enter into written contracts with clients that define the terms of cooperation, scope of work, deadlines, remuneration and responsibilities of the parties.
- The contracts should provide legal protection for the freelancers' interests in the event of a client's default.
Remuneration:
- Freelancers have the right to timely and full payment for work performed or services rendered.
- It is important to define payment procedures in contracts, including advances, interim payments and final payment.
Protection ofintellectual property:
- Freelancers should ensure that they protect their intellectual property rights to the work they create, including copyrights, trademarks and patents.
- Contracts with clients should specify the procedure for transferring rights to work results and the terms of use of intellectual property.
Social protection:
- Freelancers do not have the same social security benefits as full-time employees, so it is important to ensure that they have their own social security, including health insurance and pension savings.
- Freelancers can sign up for voluntary health insurance and pension insurance.
Taxation:
- Freelancers must comply with tax laws, including registration as individual entrepreneurs (IEs) or self-employed persons, filing tax returns and paying taxes.
- It is important to choose the optimal taxation system to minimise the tax burden.
Dispute resolution:
- Freelancers should be aware of their rights and remedies in the event of disputes with clients, including going to court or using alternative dispute resolution methods such as mediation and arbitration.
Legal framework for the protection of freelancers' rights in Ukraine
The protection of freelancers in Ukraine is regulated by a number of laws and regulations that establish the legal framework for contracting, taxation, intellectual property protection, social security and dispute resolution. The main legal acts include:
TheCivil Code of Ukraine:
- Defines the general legal framework for contractual relations, including the conclusion and performance of contracts, protection of the rights of the parties and dispute resolution.
CommercialCode of Ukraine:
- Regulates business activities, including freelance activities, rights and obligations of business entities.
TheLaw of Ukraine "On Copyright and Related Rights":
- Regulates relations in the field of copyright and related rights, establishes the rights and obligations of authors and users of works, as well as the procedure for the protection of rights.
Law of Ukraine "On Protection of Consumer Rights":
- Regulates the relationship between consumers and service providers, including freelancers, and the protection of consumers' rights to receive reliable information.
Tax Code of Ukraine:
- Determines the procedure for taxation of freelancers' income, establishes requirements for tax reporting and payment of taxes.
LabourCode of Ukraine:
- Regulates labour relations between employers and employees, including working conditions, remuneration and social protection of employees.
Law of Ukraine "On Employment of the Population":
- Defines the legal framework for employment, including self-employed persons, the rights and obligations of self-employed persons and the procedure for state support.
Law of Ukraine "On Social Insurance":
- Regulates relations in the field of social insurance, including medical insurance and pension provision for the self-employed.
Practical recommendations for protecting the rights of freelancers
In order to ensure effective protection of freelancers' rights and compliance with legal regulations, it is important to consider a number of practical recommendations. The main practical recommendations include:
Conclusion of written contracts:
- Always enter into written contracts with clients that define the terms of cooperation, scope of work, deadlines, remuneration and responsibilities of the parties.
- Ensure that the contracts contain provisions for the protection of intellectual property and dispute resolution.
Determining the payment procedure:
- Define payment arrangements in the contracts, including advances, progress payments and final payment.
- Require advance payments or progress payments to reduce the risk of non-payment for work performed.
Protectintellectual property:
- Register copyrights, trademarks, patents and other intellectual property to ensure that they are protected from infringement.
- Use confidentiality and non-competition agreements to protect trade secrets and other confidential information.
Social protection:
- Enter into voluntary health insurance and pension insurance contracts to ensure your own social protection.
- Set aside a portion of your income for emergencies or to provide for the future.
Tax compliance:
- Register as an individual entrepreneur (IE) or self-employed person to legalise your business.
- Comply with tax laws, file tax returns and pay taxes on time.
Dispute resolution:
- Know your rights and remedies in the event of disputes with clients, including going to court or using alternative dispute resolution methods such as mediation and arbitration.
- Document all communications with customers and keep copies of contracts, invoices and other important documents.
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