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.
What a completed sample employment contract with a lawyer should look like ↑
Currently, on the Internet you can easily find many forms of an employment contract with a lawyer.
However, in this case it will not be possible to limit yourself to using a ready-made template - the specifics of the legal worker’s labor responsibilities will be determined by the peculiarities of the functioning of the employer’s organization.
In addition, it is important to take into account the fact that the activity of a lawyer is not a core area of activity for the organization.
In this light, you can take a ready-made template as a basis, but at the same time take into account the main rules for drawing up this document with a lawyer.
The procedure for creating a document
As already established earlier, in general terms, an agreement with an employee-lawyer is generally similar to a standard employment agreement.
However, there are some sections. Which need to be given special attention.
Nature of work
We can assume that a lawyer is a typical office worker. Who spends most of his time within the walls of the organization.
This statement is only partly true. Often a lawyer has to leave his workplace in order to visit notary offices and courts. In addition, sometimes court hearings last more than one day.
Based on this, when describing the nature of the work in the employment contract, the employer is obliged to indicate:
| Possibility of employee travel | Art. 57 Labor Code of the Russian Federation |
| Amount of compensation for travel during the performance of duties | Article 168.1 of the Labor Code of the Russian Federation |
| Types of reimbursable costs | Costs of fuel, lubricants, operating your own car, mobile communications, etc. |
In some cases, the employer may pay for the employee's lunches and other minor expenses.
Place of work
If a company has a branch network, then most often the activities of a lawyer cover both its and the head office.
However, in the employment contract the employer erroneously states that the employee is hired only at the head office. As a result, the lead for a long and costly labor dispute is ready.
In this case, there is only one way out - to decide in advance what servicing the branches will be for the employee - relocation, transfer or business trip.
The chosen condition must be reflected in the agreement.
Labor function
When listing the duties of a lawyer, you should not limit yourself to general phrases. The list should include all details, including:
- concluding agreements with suppliers and customers;
- representing the interests of the employer in arbitration court;
- assessment of outgoing documents, etc.
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If the employment contract is the only document describing the relationship between the employee and the employer, then all the details must be spelled out in it.
Ideally, it is desirable to create a separate document that will detail the functional responsibilities of a legal employee.
Salary
If the lawyer being hired receives a regular salary in accordance with the conditions specified in the staffing table, then this item need not be considered in detail.
However, in Russia there is a practice of rewarding lawyers for winning lawsuits.
In this situation, it is important to take into account two important details:
| Firstly | Payments of this kind are semi-legal in the Russian Federation, since a number of court decisions recognize them as illegal |
| Secondly | If the employer nevertheless decides to reward his employee in this way, he must indicate in the contract the exact amount of the bonus - in the actual amount or as a percentage of the amount won in the case |
Operating mode
In some cases, legal workers are hired by a company on flexible (hourly wages are established in the contract) or irregular (the document specifies the possibility of paying compensation and their amount) working hours.
With a normal schedule to which most of the organization’s employees are subject, this item does not require detail.
Specific conditions
Lawyers are a special category of employees due to which:
| They may have access to information | Serving as a commercial or official secret (the contract specifies responsibility for its disclosure) |
| They may be subject to different frequency of advanced training | It is important to indicate in the agreement the period of time after which it is carried out |
If part-time
The preparation and signing of an agreement with a part-time lawyer is carried out on a general basis, namely:
- Such a lawyer has the right to spend no more than 4 hours a day in the company.
- His labor leave in this organization will coincide with rest at his main place of work.
- Wages will be set according to the amount of time worked.
- In case of illness, the employee will only need to submit a copy of the sick leave certificate to the organization.
It is also important to take into account the fact that certain categories of workers cannot be hired as part-time workers.
In addition, it is important to indicate in the contract that all the duties of a lawyer are performed by employees on a part-time basis.
Specific rules
The responsibilities of a lawyer (labor function) vary significantly depending on the company’s field of activity. The sample shown below provides a detailed list of such responsibilities. It is very likely that for some organizations it will be redundant and can be reduced. An even more complete list can be copied in the sample contract attached to the article.
As you can see, responsibilities are associated with specific functions performed by a specialist at the enterprise. In addition, a lawyer may well work remotely, receive a bonus for success in his work, work in shifts, etc. All these special conditions must be enshrined in the document.
In addition, a detailed description of responsibilities and work tasks can be transferred to the job description - a sample is attached to the article.
Sample contract with a lawyer
Basic information ↑
As in the general case, when employing a professional lawyer on staff of a company, you will need to conclude an employment contract.
As well as establishing a personal file and making appropriate entries in the employee’s work book (Article 65 of the Labor Code of the Russian Federation).
The company may employ a lawyer or his assistant. Moreover, depending on the volume of work, she can choose a main contract or a part-time contract.
For small organizations, the second option seems more acceptable - the salary in this case will be lower (the employee works no more than 4 hours a day) and there will be fewer formalities for registering an employee and providing him with social benefits.
As a rule, an employment contract with a lawyer is drawn up according to general rules. However, some specific conditions of its operation must be enshrined in the document.
Concepts
An employment contract with a lawyer is an official document defining the fact of the emergence of an employment relationship between an organization and a specialist with a specialized legal education, the necessary experience and length of service.
According to its provisions, the employer provides work to the lawyer, and he undertakes to fulfill the duties entrusted to him (Article 56 of the Labor Code of the Russian Federation).
The document is drawn up in two copies and handed over to the participants in the labor relationship, namely:
| To the employee | What is an individual with education and experience in the field of jurisprudence? |
| To the employer | An organization that, due to the specifics of its work, is faced with the need to hire a professional lawyer on an ongoing basis |
An employment agreement with a legal employee may include two types of conditions:
| Mandatory | Contained in any agreement of this kind and change solely by agreement of the parties |
| Additional | Included in the document solely by decision of the parties |
If a permanent lawyer is needed, the contract is concluded on an indefinite basis.
When it comes to temporary work (up to 2 months) or seasonal activity, a fixed-term employment contract is formed.
General scheme for concluding an agreement
Concluding an employment contract with a lawyer is a very significant event for the company.
Since with an employee who is well versed in the intricacies of labor legislation, it is best to draw up a fairly detailed document
It must disclose in detail the rights and obligations of the parties in order to insure itself against possible labor disputes.
When forming an employment agreement with a legal specialist, it is important to take into account the following important nuances:
| Firstly | There is no standard set of rights, obligations, powers for lawyers of organizations - they are determined by the specifics of the business |
| Secondly | Despite the need to detail the employment relationship with the employee, you should not overfill the employment contract with unnecessary details - all clarifying points can be written down in a local regulatory legal act (for example, in a job description or regulation on the work of the legal department), and then refer to it directly in the employment contract. agreement (Article 8 of the Labor Code of the Russian Federation) |
It is extremely important to know that the norms of any local regulatory act of the company should not contradict the provisions of the Labor Code of the Russian Federation and worsen the position of the legal employee.
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In general, in his work, an employee of the legal department must be guided by general labor rules, instructions, labor safety standards and the current work schedule.
The legislative framework
Russian labor legislation does not offer any specific legal acts or provisions regulating the activities of hired legal workers.
Relations with an employee-lawyer will be regulated by the rules presented in Chapter 10 of the Labor Code, namely:
| 57 | Contains a description of the structure, specifics and parties to the contract, as well as their role in labor relations |
| 58—59 | Consider the terms of concluding an employment contract, and also determine the possibilities of drawing up a fixed-term contract |
| 60.1, 60.2 | Describe special options for labor relations, including the procedure for performing duties not specified in the contract, and also indicate the specifics of the work of part-time workers and the procedure for their registration |
| 61—62 | Establish the procedure for the validity of the employment contract and the documents necessary for its conclusion |
| 63—64 | Present the main conditions for concluding an employment contract, and also list the key guarantees of the employee |
| 67 | Describes the forms of employment contracts permitted by law |
It is important to take into account the nature of the lawyer’s work - when hiring him to the organization’s staff (opening a personal file, making an entry in the work book), an employment contract is concluded.
If the employer receives the necessary legal advice from a lawyer, then we will be talking about a civil agreement.
The latter is subject to regulation by civil rather than labor legislation.
