Sample form of an employment contract with a lawyer

How to draw up an employment contract with a lawyer?

Drawing up an employment contract with a lawyer will not be particularly difficult. This document is the standard form for all working agreements. However, when implementing this process, it is important to be guided by the articles of the Labor Code of the Russian Federation. This point is necessary because the agreement of the parties must comply with legal norms. To draw up an employment agreement with a legal specialist, you need to keep in mind some rules:

The document is drawn up in two copies, each of which will belong to the employee and the employer;
It is required to list the working conditions, as well as the responsibilities of the subordinate, in all details;
The work schedule must be described in full. If we are talking about the irregular, traveling nature of the service, the need to participate in legal proceedings, everything must be noted;
If the employee is informed about the company's secrets, a non-disclosure condition must be established;
A mandatory footnote in the work document is a document about the legal education of the hired employee.

Employment contract with a lawyer - sample 2018

An employment contract with a lawyer is not significantly different from an agreement with other employees. The presented type of work act has a structure similar to ordinary agreements. The mandatory part of the agreement with a subordinate includes the following provisions:

Personal information about the new employee and manager;
The date and place where the document was concluded;
The work function of the subordinate, his education, qualifications; Rights and obligations of a specialist and employer;
The amount of wages, possible allowances, and the amount of bonuses are negotiated;
Also, a separate paragraph should be given to the conditions of service;
And indicate that the employee has insurance.
All key aspects of the professional relationship with such an applicant for the position must be stipulated in the working agreement. If necessary, additional provisions can be added to the contract.

Responsibilities of a lawyer under an employment contract

The presented paragraph of the employment document must be given special attention. The list of functions and responsibilities of a lawyer is stated directly in the contract, in which a footnote is made to this effect, or a separate instruction is issued. Since the instructions are not an independent document, they act as an appendix to the main document. When contacting a lawyer, you should know that he cannot be held accountable before the law for failure to fulfill his direct official duties. The main responsibilities of a legal consultant may include:

Drawing up and studying documentation, claims, claims for the employer;
Handling conflict situations (before trial);
Control of company affairs.

It also requires special skills, documents and certificates if the subordinate must represent the employer in court or other government bodies. This is also recorded and stipulated in the contract.

Fixed-term employment contract with a lawyer

A fixed-term employment contract with a lawyer can be concluded if there are compelling reasons. These include:

Availability of work only for an indefinite period;
The need to replace a key employee;
Other circumstances.

The agreement is drawn up in accordance with all the rules specified in the Labor Code of the Russian Federation. In this case, the document must include:

The circumstances under which the contract is concluded;
The agreement is valid for up to 5 years.

6. Duration and grounds for termination of the employment contract

6.1. This agreement is concluded for an indefinite period.

(When concluding an employment contract for an indefinite period, it is allowed not to indicate this circumstance. According to Part 3 of Article 58 of the Labor Code of the Russian Federation, if the employment contract does not stipulate its validity period, then the contract is considered concluded for an indefinite period).

6.2. This agreement comes into force from the moment it is signed by both parties. The employee is obliged to begin performing his job duties on the day established in clause 1.4. actual agreement.

6.3. The contract may be terminated in the manner and on the grounds provided for by the Labor Code of the Russian Federation.

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Employment contract with a lawyer with a probationary period

A probationary period for a lawyer is set in order to test the skills and competence of his work. The following nuances should be taken into account:

If the work report does not indicate that the employee will undergo a probationary period, then he is hired on the usual basis;
If a specialist is hired for a period of three to six months, then the testing period will be short (no more than two weeks);
Three months is the maximum internship period;
If during the probationary period the employee was ill, then sick leave days are not taken into account.

Employment contract with a part-time lawyer

Often, a lawyer is assigned part-time work, and he can also work according to the assigned work schedule of the enterprise. If a specialist has an irregular schedule, this condition is fixed in the employment agreement of the legal consultant. According to the law, all employees with irregular working hours are entitled to additional annual leave, which lasts at least three days and is paid by the company for which they work.

The activities of such employees are focused on judicial proceedings, and courts may be located not only on the territory of the enterprise. If a situation arises that he will be constantly traveling while working, then this is included in the content of the agreement. Expenses for fuel, cellular communications, etc. are also paid. Discussion of all the nuances and conditions reduces the possibility of conflicts between the specialist and the employer.

General requirements

The mandatory details of the contract are listed in Art. 57 Labor Code of the Russian Federation. These conditions must be contained therein:

place of work. The contract must provide for a specific address for the implementation of obligations under the contract;
listing of responsibilities, indication of a specific position. In this case, this is the position of a lawyer and the duties of a lawyer. Specifics can be stated in job descriptions, but the agreement must refer to this fact;
date of commencement of activity at the enterprise;
working conditions. In accordance with Federal Law-426, their special assessment must be carried out, in this case it is necessary to refer to the special labor assessment card, indicate its number and a specific class. If a workplace is being organized, general conditions can be specified. Also, according to the rules of Art. 16 Federal Law 426, if similar workplaces are discovered, an assessment can be carried out in relation to 20 percent of them. The result of the assessment applies to all others. In this case, it is enough to indicate that they comply with the standards;
payment procedure, fee transfer, schedule (at least 2 times a month), method;
work and rest schedule (preferably, if possible, indicating specific hours or rules for determining the schedule);
social insurance obligations;
the presence of part-time work, if this corresponds to reality.

In addition, the contract must necessarily contain identifying characteristics of the individual and the organization: TIN, full name, details of the document on the basis of which the manager acts, his position and last name, first name, patronymic; passport details, last name, first name, patronymic, passport details.

It is optimal in the very second copy of the employer to indicate that the employee has familiarized himself with all local regulations, instructions, etc. and has received a signature. And also certify that you received the second copy of the agreement in your hands.

Employment contract with a legal assistant

Sometimes a full-time legal specialist does not have time to cope with the responsibilities assigned to him. In this case, the employer may wish to hire a younger employee to assist the main employee. If the contract is concluded with a legal assistant, then the issue of his education is not considered. A student who is studying at the Faculty of Law (full-time or part-time) can be hired as an assistant. An agreement should also be concluded with such a subordinate, which will reflect all aspects of his professional activities, as well as issues of labor protection.

The functions of a legal consultant working agreement are quite broad. The conditions, tasks, and work hours of such employees often change. All nuances should be taken into account when drawing up an agreement with a legal specialist. Then the agreement will be concluded according to all the rules and the interests of the parties will be respected.

Final provisions

7.1. The terms of this agreement can be changed only by agreement of the parties and in writing.

7.2. The financial liability of the parties to this agreement is applied according to the rules of Section XI of the Labor Code of the Russian Federation.

7.3. If an individual labor dispute arises between the parties, it is subject to settlement through direct negotiations between the Employee and the Employer.

If a dispute that arises between the parties is not resolved through negotiations, then it is resolved in the manner established by the articles of Chapter 60, Section XIII of the Labor Code of the Russian Federation.

7.4. The relations of the parties not regulated by this agreement are subject to the norms of labor law established by the Labor Code of the Russian Federation, other federal laws and other legal acts.

7.5. This agreement is drawn up in two copies: one copy is kept in the Employer’s files, the other is kept by the Employee. Each party has the right, in accordance with the established procedure, to make the number of copies of this agreement required by it.

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Design nuances

When drawing up a contract, you need to consider the following:

All responsibilities of a lawyer should be listed in most detail and in full;
since overtime is possible (traveling to court hearings or on business trips), it is possible to provide for a condition regarding irregular working hours;
Often the lawyer is informed about trade secrets, so it is necessary to establish a condition of non-disclosure of secrets;
the employee is required to have a legal education for representation in the courts, therefore a reference to the document (diploma, certificate of requalification or retraining) is required in the contract.

Part-time lawyer

A part-time employee is the same employee, but with a caveat: the contract must include a condition for part-time work. At the same time, he cannot work full time, since this work is already outside the norm.

A sample contract with a part-time lawyer can be downloaded here.

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