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Published: 05/09/2017

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A lawyer is an important staff member of any company. The result of relationships not only with counterparties, but also with supervisory authorities depends on his work.

Since the profession is specific, the employment contract must be drawn up taking into account the working hours and other important nuances.

• Cases of registration
• Function
• Structure
• Decor
• Design nuances
• Part-time lawyer
• Contract with a legal assistant

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Cases of registration

As required by Article 56 of the Labor Code, all employees must sign employment contracts.

It is this agreement that contains the working conditions: the responsibilities of both the employee and the management. Since legal work is responsible, and the functions of a lawyer are very specific, it is imperative to conclude an agreement with such an employee.

At the same time, the Labor Code does not contain conditions on the duration of work, and the employee is responsible only for poorly performed duties, which must be documented in writing. Therefore, the contract is signed even if the firm only needs a lawyer for a few days.

Important: you do not need to enter into an employment contract to perform specific work, for example, for one-time representation in court; you can get by with an agency contract.

Be on time everywhere: features of a lawyer’s work schedule

A lawyer’s working day may not be standardized due to the specific nature of the activity. For example, an employee may represent the interests of an organization in court and other authorities, whose work schedule differs from that of the employer, and, in fact, the lawyer will perform his duties during non-working hours. In this case, the employment contract must establish an irregular working day and provide for appropriate compensation: by law, such an employee has the right to additional paid leave of at least three days a year (Article 119 of the Labor Code of the Russian Federation).

Engagement in work under a contract with an irregular schedule is possible subject to the following conditions (Article 101 of the Labor Code of the Russian Federation):

1. There is a real need to deviate from the established working hours . If the court hearing is scheduled for eight in the morning, and the lawyer has been working since nine, going to work early is justified. But if the fulfillment of the duty can be done during working hours, the employer’s order to move matters outside the work schedule may be considered illegal.
2. Sporadic nature of work at odd hours . If delays at work are not regular, then everything is in order, but planned weekly trips to the tax office after work will need to be paid additionally.
3. If the work time under the contract is incomplete, an irregular schedule can only be set on full working days with a part-time work week . Simply put, if a lawyer works five days a week for four hours, you cannot leave him after work (with the exception of overtime with appropriate pay), but if a three-day week with an eight-hour working day, you can.

https://youtu.be/x0yw8ENVdsE

Function

A lawyer cannot be held liable for failure to fulfill direct duties . And the list of his functions is prescribed either in the job description or directly in the contract, then a link is made to the instructions in the text of the agreement.

At the same time, the instruction cannot be an independent document; it is only an annex to the employment contract. Therefore, the main function of the contract is written confirmation of the previously agreed terms of work and payment for it.

Having the contract in hand, the lawyer will know what he is obliged to do and for what money. And the employer has the right to demand fulfillment of the terms of the contract.

RESPONSIBILITY OF THE PARTIES

9.1. The party to the employment contract who caused damage to the other party shall compensate for this damage in accordance with current legislation.

9.2. This agreement establishes the following responsibilities

Employer for damage caused to the Employee: ________________.

(specification of responsibility, but not lower than provided for by the Labor Code of the Russian Federation

and other laws)

9.3. This agreement establishes the following responsibilities

Employee for damage caused to the Employer: ________________.

(specification of responsibility, but not higher than provided for by the Labor Code of the Russian Federation

and other laws)

Structure

As required by Article 57 of the Labor Code, agreements must contain the following elements:

• place and date of imprisonment;
• information about the employee (passport details, full name, position and qualifications, address, SNILS);
• information about the employer (name of the company and designation of the signatory: director according to the charter or other manager by proxy, address, Taxpayer Identification Number);
• mandatory conditions;
• additional conditions.

List of mandatory conditions:

• place of work (company address);
• responsibilities;
• first work day;
• work schedule;
• duration of the contract (temporarily or permanently);
• salary amount (salary, bonus, allowances in numbers);
• place, terms and method of payment of wages;
• the nature of the work (for a lawyer it may be traveling);
• condition on social insurance.

Additionally, you can include other conditions that do not contradict the Labor Code, for example, a probationary period, compensation for fuel and lubricants, etc.

You can download a sample contract with a lawyer here.

Sample employment contract for a lawyer

It is just as necessary to enter into an employment contract with an in-house lawyer as with any other employee.
But since the functional responsibilities of such an employee cannot be limited to any limits, since it is impossible to predict what kind of legal assistance will be required at one time or another, the execution of an employment agreement must be carried out taking into account the characteristics of this profession.

Conditions

Regardless of how and to what extent an employment contract is concluded with a lawyer, the main condition is that the document meets the requirements of the Labor Code of the Russian Federation.

That is, the contract must contain information such as:

• information about the employer;
• information about the hired employee;
• working conditions;
• work and rest schedule;
• responsibilities and rights of the parties involved;
• required compensations and guarantees;
• period of validity of the contractual agreement;
• absence or presence of a trial period;
• start date of the contract.

Since a lawyer is an employee who must have a professional, at least secondary, education, it is advisable to indicate qualifications in the contract. It is also necessary to mention the details of the document that indicates the presence of qualifications.

As for the duties of a lawyer, the contract must list the main responsibilities. Job functions can be described in more detail in the job description.

General responsibilities include:

• drafting contracts;
• drawing up claims and lawsuits;
• settlement of emerging conflicts out of court;
• monitoring compliance with legislation within the organization;
• analysis of counterparty agreements.

Its features

Lawyers often have to work overtime. The contract must specify how overtime hours are paid. If the working hours are irregular, this condition must also be reflected in the document.

Employees who work irregular hours are entitled by law to additional paid annual leave.

In some situations, lawyers have to travel on business trips while conducting business for the employer.

In this regard, the contract must indicate:

• daily allowance amount;
• features of compensation for living expenses;
• the presence or absence of additional payment for business trips.

If the list of main or additional responsibilities includes such actions as representing the interests of the employer in courts, in cassation and supervisory services, in various government bodies, then this should be stipulated separately in the contract, since in such a situation it is necessary to have specific skills and special certificates.

When hiring an employee on a probationary period, you must indicate in the document the duration of the probationary period, as well as indicate the conditions for successfully completing the probationary period. For a lawyer, the probationary period cannot exceed three months.

What types of employment contracts there are according to their duration are described in the link.

An employment contract with a lawyer should be classified as a contract with specialists.

It is advisable to indicate in the contract the skills and knowledge that are required from the employee.

If, after signing the contract, there is a need to expand the list of responsibilities, then you can document them with an additional agreement.

Unlike an ordinary lawyer, a corporate lawyer must resolve not only the general legal issues of the organization.

The responsibilities of a corporate lawyer include, among other things:

• knowledge of joint stock law, that is, have an idea of ​​the requirements for creating joint-stock companies and be able to use your knowledge;
• knowledge of the rules for forming blocks of shares and making transactions with them;
• knowledge of share accounting;
• have an understanding of the essence of dividend policy, etc.

Today, many enterprises in the Russian Federation are trying to have universal lawyers on their staff who will perform not only the main legal work within the organization, but also perform the duties of a corporate lawyer - regulating the dividend activities of the enterprise and working with shareholdings.

From all this it follows that the contract with the lawyer must clearly state what duties are required from him.

In general, drawing up an agreement with a lawyer is no different from the usual relevant procedure. That is, the document must contain:

1. Information about the parties to the agreement – ​​full name. and passport data, name of organization details
2. The subject of the contract is the name of the position indicating qualifications and other things.
3. Main responsibilities.
4. Additional functions.
5. Conditions of operation.
6. Payment order.
7. Guarantees and compensations.
8. Signatures of the parties.
9. Additional applications.

In some cases, it is possible to conclude a fixed-term contract with a lawyer. For example, if situations such as:

• performing urgent work, if the duration does not exceed two months;
• seasonal nature of work;
• carrying out work of a certain nature, if it is one-time;
• the need to replace a temporarily absent permanent employee;
• other compelling reasons.

A fixed-term employment contract with a lawyer must contain a description of the reasons for concluding this type of contract. As in other cases, the maximum contract period cannot exceed five years.

Concluding a contract with a legal assistant is practically no different from formalizing a relationship with the main legal employee.

The slight difference lies in several nuances, in particular:

• A legal assistant can be hired for a position with only three courses of higher specialized education. That is, you can hire a subject who is a university student;
• In job functions, it is necessary to clearly describe what kind of work the employee will perform, how duties are considered basic and which are additional. This condition is extremely important when determining who is responsible for the performance of certain duties.

In general, an employment contract, both with a lawyer and with a legal assistant, resembles an employment agreement with any other employee. A special specific point is only taking into account some important points regarding the activity.

The detailed development of an employment contract with a lawyer is very significant, since if conflict situations arise, you will have to deal with an employee with a specialized legal education, which will most likely be fraught with rather unpleasant consequences for the employer.

Termination of an employment contract at the initiative of the employee is described here.

Read about the features of a part-time employment contract by following the link.

department code 377-005. 2. Work book AT-IX No. 8711125 dated April 10, 2003.

https://youtu.be/uhRU_PcVNHM

3. Insurance certificate No. 035-273-488-69. 4.

Diploma of the International Law Institute under the Ministry of Justice of the Russian Federation IVS 0180675 dated July 21, 2005

TIN 370255313588, have entered into this employment contract (hereinafter referred to as the contract) on the following: 1. Subject of the contract. 1.1.

An employee is hired by the State Unitary Enterprise “Investment Agency of the Ivanovo Region” to perform work in the position (specialty, profession) of lawyer. 1.2.

This issue is regulated by completely different legal norms.

Temporary employment contract sample When considering any temporary employment contract, some mandatory aspects should be noted: It must contain the date of the contract and the place of its preparation. The temporary contract has a clause on the duration of the validity period and the completion date of all work.

At the same time, not only the duration of the contract is specified, but also the procedure for its extension.

In order to ensure a person’s qualifications, the administration almost always sets him a certain probationary period.

It must be specified in the contract, otherwise it is implied that the employee is not subject to a test. In addition, there are a number of categories of workers (they are listed in Art.

We invite you to familiarize yourself with: Work experience for conferring the title Veteran of Labor for men and women

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Responsibilities may partially duplicate the job function.

And provisions on employee liability can both refer to general rules of law and indicate specific requirements applied by the employer.

In particular, a sample employment contract may provide for the employee’s obligation to be financially responsible.

5). Remuneration (contract price or official salary).

It is this agreement that contains the working conditions: the responsibilities of both the employee and the management. Since legal work is responsible, and the functions of a lawyer are very specific, such an employee is definitely necessary.

At the same time, the Labor Code does not contain conditions on the duration of work, and the employee is responsible only for poorly performed duties, which must be documented in writing.

Function A lawyer cannot be held liable for failure to fulfill direct duties.

And the list of its functions is prescribed either in or directly in the agreement, then a reference is made to the instructions in the text of the agreement.

At the same time, the instruction cannot be an independent document; it is only an annex to the employment contract.

Decor

The contract is printed in two copies and first endorsed by management. Then both copies are signed by the lawyer, after which one original is given to him against signature, and the second is put into the file according to the nomenclature.

The contracts are drawn up by a personnel officer or another specialist appointed by order to be responsible for personnel work.

In a small company, contracts can be drawn up personally by the manager (entrepreneur).

Signed contracts are stored for 75 years.

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.

Employment contract with a legal assistant

Its features

An employment contract is also concluded with such an employee, but the education requirement may not be included. You can apply for the position of assistant to a law school student (full-time or part-time). At the same time, his contract cannot indicate obligations that are purely legal, for example, representation in supervisory authorities or in courts.

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.

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.

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.

How to get maternity leave if you don’t work - the complete instructions in our material will help you. Calculating your sick leave is not an easy procedure. You will learn how to do this correctly in the material at the link. Do you want your sick leave to be paid even though you are no longer working? Read the article you need.

About document formation

A lawyer is a specialist with a level of education that gives him the right to engage in this work.
At any enterprise or in the organizational structure, nuances arise, and it is necessary to resolve issues related to labor activity, including dismissal or hiring, compliance with occupational safety requirements, and resolution of controversial issues between an employee and the manager of the facility. All issues are operational and solutions are necessary. The employee’s qualifications must be indicated in the employment agreement, including details of the diploma. The place of work is an office; therefore, it is required to fully indicate the exact location of the facility and details.

It is possible that work is carried out beyond the established time, so this information must be indicated in the agreement. If the working day is not standardized, then additional leave is required, at least three paid days in addition to the main one.

About document formation:

1. Contractual relations are specified in the document. The latter is compiled in two copies.
2. It is required to describe in detail the working conditions and responsibilities of the employee.
3. A description of the working day schedule must be included in the contract. Even if the nature of the service is traveling and there is a need to take part in the legal proceedings, then all this must be indicated.
4. If there is information of secrets of national importance, the employee must be informed.
5. The act provides for the writing of an explanatory footnote about the citizen’s legal education.

All these rules must be followed when drawing up a document.