Fan Wen Daquan > Contract Model > Labor Contract Model

Law firm's lawyer employment contract


Party A: Legal representative of law firm:
Registration:
Party B:
address:
Lawyer card number:
Party A and Party B shall sign this contract after consultation according to the Law of the People's Republic of China on Lawyers and other relevant laws and regulations as well as the relevant provisions of the judicial administrative department and the bar association. The terms are as follows:
Article 1, contract term
1. The term of this contract is from the date of the year to the day of the month.
2. If Party B signs this contract for the first time with Party A, the first _ month within the term of this contract is the trial period.
3. If either party A or Party B wishes to renew the employment contract, it may submit it to the other party one month before the expiration of this contract. After both parties have renegotiated and agreed, the employment contract may be renewed.
4. If the contract is not renewed after the expiration of the term of this contract, but the contract is still actually performed in accordance with the conditions stipulated in this contract, the contract will automatically continue for one year.
Article 2, working conditions and duties
1. Party A employs Party B as the lawyer of Party A, and Party B shall actively assist in handling the personnel transfer, the application for the lawyer's license and the relevant procedures for the annual review. Party A shall be responsible for the expenses paid by Party B during the work of Party A for the personnel transfer, the application for the lawyer's license or the annual review to the judicial administrative department or the bar association. At the same time, Party B is not required to pay any deposit or deposit to Party A.
2. Party A shall appoint a special person to train Party B on Party A's internal management system, so that Party B fully understands its working environment and work requirements.
3. Party A shall provide Party B with appropriate workplace and office conditions, and shall have the right to reasonably adjust Party B's office location and working methods according to its own business needs and Party B's work conditions, or Party A's partners may arrange for Party B to appear in court or Traveling.
4. Party B shall, in accordance with the laws, regulations, and relevant provisions of the judicial administrative department and the bar association, work in accordance with the working standards or business requirements formulated by Party A, and strive to complete the work arranged by Party A's partners.
5. Party A may, based on the business situation of Party B, combine the evaluation of Party B with Party B, evaluate Party B's work performance regularly or irregularly, and adjust Party B's salary or bonus according to the assessment results. Party B has the right to understand the assessment results of Party A and may reflect its opinions to the responsible partner, but shall obey Party A's final decision.
6. The annual business workload of Party B is hour. Party B shall truthfully fill out, submit and revise the business work records in accordance with Party A's regulations. However, Party A's partners have the right to adjust Party B's business work records within a reasonable range according to the customer's response and Party B's actual work. Party B is dissatisfied with the adjustment decision of Party A's partner and may appeal to Party A's managing partner.
Article 3, working hours
1. Party A implements an irregular work system. Except for rest days, statutory holidays, paid vacations and other leave systems prescribed by Party A, Party B shall work on time according to Party A's requirements and complete no less than eight hours of attendance.
2. Party A's partners may request Party B to extend working hours due to work needs, or work overtime on rest days or legal holidays. At the same time, Party A shall arrange for Party B to rest or give appropriate retreat as appropriate. Party B shall apply to Party A in advance for the use of leave or transfer, and shall handle the corresponding procedures for relocation according to the unified arrangement of Party A.
Article 4, Salary and Benefits The lawyers who hire can choose the salary method:
□ annual salary system
1. Party A shall pay Party B an annual salary of RMB yuan per year during the term of this contract, including all wages, overtime pay, subsidies and allowances other than bonuses. Party A's partners may amend Party A's compensation system from time to time according to Party A's economic benefits, and therefore determine or adjust Party B's salary standards accordingly.
2. Party B's annual salary will be paid in monthly installments. Party A shall pay Party B the monthly salary by cash/wire transfer before the monthly _ day, but may also be issued in advance or delayed due to special circumstances other than Party A.
3. Party A may formulate or revise its bonus policy according to relevant laws, regulations and administrative regulations, and may issue various bonuses to Party B according to its economic benefits and the assessment results of Party B.
4. Party A shall pay Party B the social insurance premium and the housing accumulation fund according to law, and withhold and pay the personal income tax of Party B's income and the part of Party B that shall be borne by Party B. At the same time, Party A may also decide to provide Party B with other suitable insurance or welfare items according to its own capabilities and business characteristics.
5. Party B enjoys paid annual leave, family leave, marriage leave, bereavement leave, or maternity leave in accordance with the law. Party B shall apply to Party A for approval and approval. Party A shall pay Party B the statutory wages during the vacation period in accordance with the provisions of laws and regulations and Party A's rules and regulations.
□ commission system
1. If Party B's business income is less than 200,000 yuan, the salary commission ratio will be 50%; if it exceeds 200,000 yuan, the excess will increase by 5% for the increase of 10,000 yuan, but the maximum rate shall not exceed 70%;
2. Party A shall handle social insurance and housing provident fund for social endowment insurance, medical insurance, etc. for Party B according to law, and its expenses shall be paid by Party B's salary;
3. Party B shall pay personal income tax according to law and Party A shall withhold and pay.
Article 5, work discipline
1. Party B shall strictly abide by the laws, regulations, administrative regulations of the judicial administrative department, and the regulations formulated by the Law Society; strictly abide by the rules and regulations formulated, revised and announced by Party A from time to time; strictly abide by the professional ethics of lawyers and Practice discipline.
2. Party B shall strictly keep the trade secrets of Party A, Party A partners and Party A customers during Party A's work and after leaving the company. Any business or financial information of Party A, Party A and Party A's customers, including but not limited to files or templates recorded or stored in the form of paper, computer diskette, floppy disk, film, audio, video, draft and notes , files, faxes, letters, materials, statements, forms, drawings, passwords, lists, telephone numbers, addresses, etc., are the property of Party A. Unless Party A's business requires it, Party B shall not disclose the above information to any third party without the permission of Party A, nor shall it copy, download, privately carry or transmit the above information to a place other than Party A's workplace.
3. Party B shall perform diligent duties and perform all obligations to Party A during the work of Party A. Without the consent of Party A, Party B shall not work part-time at any third party, nor engage in any other paid work. Party B shall not engage in or assist any third party to engage in any activities that compete with Party A during its work. Without the consent of Party A, Party B shall not employ or assist any third party to employ Party A's lawyers and employees within one year after Party A terminates this contract, nor may it be Party A's existing or in the name of itself or any third party. A former customer, or a party that is in opposition to a customer of Party A, provides any paid or unpaid legal services.
4. During the work of Party A, Party B shall conduct training for Party B if Party A contributes funds, or Party A shall handle the necessary procedures for the introduction of foreign talents for Party B to the relevant government departments of this Municipality. Party B shall fulfill Party A's performance of the service period obligations. The service period shall be calculated from the second day after Party B's training is completed, or after Party A has completed the personnel introduction procedures for Party B, and the term is for the year. At this time, if the service period is longer than the contract period, the term of the contract will be postponed accordingly. If Party B terminates this contract with Party A during the service period, or Party A terminates this contract with Party B because Party B violates the relevant provisions of this contract, Party B shall be liable for breach of contract.
5. Party B shall not collect any fees from the client privately during the employment period. The lawyer's service fee shall be uniformly collected by Party A and the legal bill shall be issued. At the request of the customer or other reasons, Party B shall collect and pay the relevant fees, Party B shall Party A submits the client's power of attorney.
6. If Party B violates the above work discipline, in addition to the liability for breach of contract, Party A shall also pay liquidated damages to Party A. The liquidated damages are equivalent to the total income of Party B before the departure of the month. If Party B’s breach of contract causes economic losses to Party A, and the economic loss exceeds the liquidated damages, Party A has the right to request Party B to compensate for the difference between the economic loss and the liquidated damages.
Article 6, the contract is lifted
1. If Party B has one of the following circumstances, Party A may terminate this contract at any time before the expiration of the contract period:
During the probationary period, the assessment does not meet the conditions for admission;
Violation of the relevant provisions of the work discipline of Article 5 of this contract;
In the course of work, he was complained by the customer due to serious dereliction of duty and confirmed by Party A's investigation;
Forging personal qualifications and experiences:
Due to personal dereliction of duty, malpractice for business, causing significant damage to the interests of Party A;
He was investigated for criminal responsibility according to law, or was dismissed by the judicial administrative department or the lawyers association.
2. If Party A has one of the following circumstances, Party B may cancel the contract at any time:
Not paying the due salary or providing working conditions to Party B in accordance with the contract;
Party B is forced to work by means of violence or illegal restrictions on personal freedom.
3. If Party B has one of the following circumstances, Party A may cancel this contract, but Party B shall notify Party B in writing one month in advance, or send one month's salary instead of the advance notice period. At the same time, Party B shall pay compensation to Party B according to its standard working time in Party A and the one-month working hour.
If you are sick or not injured by work, you cannot work in the original job after the expiration of the medical treatment period of _ months, nor can you engage in other work arranged by Party A;
After the assessment, he is not qualified for the job. After training, he is still not qualified for the job;
The objective circumstances on which this contract was based have undergone major changes, resulting in the inability to perform this contract at that time. Agreements between the parties and the parties cannot be agreed upon by the change of this contract.
4. If Party B wishes to terminate this contract, Party B shall notify Party A in writing in advance, otherwise Party B shall pay Party A the liquidated damages. The liquidated damages are equivalent to the total income of Party B from the month prior to the departure of Party A. If Party B’s breach of contract causes economic losses to Party A, and the economic loss exceeds the liquidated damages, Party A has the right to request Party B to compensate for the difference between its losses and liquidated damages.
5. If Party A violates the relevant provisions of this contract and causes losses to Party B, Party B may at any time notify Party A to terminate the contract and may request Party A to pay compensation to Party B.
6. When this contract is terminated in advance or expired, unless otherwise agreed by the parties, Party B must, in accordance with Party A’s request:
Immediately stop all activities in the name of Party A or complete the unfinished business of Party A;
Hand over all of its business and all work to Party A in a timely manner;
All Party A's property stored or managed by Party A shall be returned to Party A in a timely manner, including but not limited to all Party A files and materials listed in Article 5, paragraph 2 of this contract;
All accounts shall be settled in accordance with Party A's regulations.
7. Unless Party B has outstanding business or financial matters, or fails to handle the above transfer and handover work in time, Party A shall, for the termination or transfer of Party B within 30 days after the termination of this contract or the termination of the contract. formalities.
Article 7: Settlement of Disputes All disputes arising between the performance of this contract by Party A and Party B or related to the understanding of this contract shall be subject to the mediation rules of the lawyers' practice disputes of the Suzhou Lawyers Association, under the auspices of the Bar Association. The Suzhou Municipal Bar Association's Practice Dispute Mediation Committee resolved the alkyne through mediation. If the mediation fails, either party A or Party B may apply to the labor administrative department of Party A for registration for labor arbitration.
Article 8, the contract comes into force and other
1. This contract is signed and validated by Party A and Party B on the day of the month.
2. Matters not covered in this contract may be negotiated separately by the parties and a supplementary agreement shall be signed.
3. This contract is made in triplicate. Each party holds one copy and reports to the judicial administrative department, all of which have the same effect.
Party A: Law Firm

date:

recommended article

popular articles