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How to write the legal employment agreement of labor contract?
1. How to write the employment agreement in the Labor Contract Law? Party A (employer): legal representative. Party B (employee): Contact person: Due to the needs of business development and self-interest, Party A employs Party B's lawyer as a perennial legal adviser in accordance with the relevant provisions of People's Republic of China (PRC) Contract Law and People's Republic of China (PRC) Lawyers Law. In order to clarify the rights and obligations of both parties, Party A and Party B, based on the principle of good faith, have reached an agreement through consultation to conclude this contract for both parties to abide by. Article 1 Scope of Service of Party B (1) The service of Party B's lawyer is to assist Party A in handling daily legal affairs, including but not limited to: assisting the company to draft, formulate and improve the following relevant rules and regulations (1), employee handbook (2), attendance system (3), rest and vacation system (4) and employee reward and punishment system. 2. Assist in drafting, formulating, reviewing or modifying legal contracts (including labor contracts and various business contracts), articles of association and other legal documents; 3. At the request of Party A, participate in negotiation and conduct legal analysis and demonstration; 4. Entrusted by Party A, sign, serve or accept legal documents; 5. At the request of Party A, conduct legal argumentation, propose solutions, issue lawyers' letters, express lawyers' opinions or participate in non-litigation negotiation, coordination and mediation on disputes that Party A has faced or may occur; 6. At the request of Party A, provide legal training to Party A's employees and teach them legal practical knowledge; 7. Handle other legal affairs agreed by both parties. (2) Party A is involved in civil, administrative, criminal and other special case agency affairs that must enter litigation or arbitration legal procedures; (3) Legal affairs of enterprises and other affiliated enterprises funded and registered by Party A; (4) Party A participates in long-term investment, financing, enterprise restructuring, reorganization, mergers and acquisitions, bankruptcy, stock issuance, listing and other special legal advisory affairs. Article 2 Obligations of Party B 1. Party B appoints lawyer Tang Qibin as the perennial legal adviser of Party A, and Party A agrees that the above-mentioned lawyers appoint other lawyers to assist in completing the above-mentioned legal affairs, but Party B's change of lawyer as the perennial legal adviser of Party A requires Party A's consent; 2. Party B's lawyer shall diligently complete the legal affairs listed in Article 1; 3. Party B's lawyers should make use of their own professional skills and strive to maximize the interests of Party A; 4. After obtaining the documents and materials provided by Party A, Party B's lawyer shall complete the entrusted matters in time and inform the work progress at the request of Party A; 5. Party B's lawyer shall not provide any opinions that are unfavorable to Party A's employees during his tenure as a perennial legal adviser; 6. Without the consent of Party A, Party B's lawyer shall not act as the legal adviser or agent of the other party who has a legal interest conflict with Party A in confrontational cases or trading activities involving Party A; 7. Party B's lawyer shall be responsible for keeping confidential the business secrets of Party A, and shall not disclose them to any third party except as provided by law or with the consent of Party A; 8. Party B shall file Party A's business separately, keep complete work records, and properly keep the original evidence, legal documents, money and articles related to Party A. Article 3 Obligations of Party A 1. Party A shall provide Party B with all kinds of information, documents and materials related to legal affairs comprehensively, objectively and timely; 2. Party A shall put forward clear and reasonable requirements for Party B's lawyer to handle legal affairs; 3. Party A shall pay the legal consultant fee and working fee to Party B in full and on time; 4. Party A shall set up a legal department in this unit and assign legal department personnel to cooperate with Party A's lawyers; 5. Party A has the responsibility to make independent judgments and decisions on the entrusted matters. The loss caused by the decision made by Party A based on the legal opinions, suggestions and plans provided by Party B's lawyer is not caused by the fault of Party B's lawyer (the fault is determined according to the lawyer's practice standard), but shall be borne by Party A ... Article 4 Legal consultant fees and payment time 1, and the legal consultant fees in items 1 to 7 of Article 1 of this contract are RMB, which shall be five from the date of signing this contract. 2. Temporary agency (litigation and arbitration) fees in Paragraph 2 of Article 1 of this Contract: During the consultation period, Party B will represent Party A for litigation or arbitration cases of less than RMB 200,000 (including RMB 654.38+10,000) free of charge, but Party A shall pay Party B a basic handling fee of RMB 2,000 per case. For other litigation or arbitration cases, Party A shall pay the lawyer's fees to Party B separately. The lawyer fees charged by Party B shall be given preferential treatment according to the consultant's standards. The specific criteria are: the basic handling fee for each case is RMB 2,000, and the lawyer's fee is charged according to the disputed amount in the following proportion: (1) If the disputed amount is less than RMB 200,000 (including RMB 200,000) or there is no specific requirement for the disputed amount, it will not be charged; (2) The disputed amount is more than 200,000 yuan to 2 million yuan (including 6,543,800 yuan), and the levy ratio is 3%; (3) If the disputed amount is more than RMB 2 million, the charge ratio is 2%. For some special cases, Party A and Party B shall negotiate separately to determine the charging method. 3. Project fees in Paragraph 3 and Paragraph 4 of Article 1 of this Contract: legal affairs of enterprises and other affiliated enterprises funded by Party A, business trips and handling cases such as mergers and acquisitions and overseas investment of Party A's enterprises. If Party A needs Party B to participate in providing legal services, the fees shall be determined by both parties through negotiation. 4. The above expenses do not include travel expenses, investigation fees, notarization fees, appraisal fees and other handling fees, which shall be paid to Party B after settlement by both parties; The above fees do not include legal fees or arbitration fees, which shall be paid by Party A according to law. 5. After the expiration or early termination of this contract, both parties shall confirm and settle the relevant expenses in writing. Article 5 Working expenses The following working expenses incurred by Party B's lawyer in handling matters entrusted by Party A shall be borne by Party A: 1, fees charged by relevant administrative, judicial, appraisal, notarization, evaluation and consulting institutions; 2. Travel expenses, accommodation, translation fees, data binding fees, long-distance communication fees, etc. Outside Xiangyang City (so-called outside the city refers to the area outside the coverage of urban bus operation lines of Xiangyang Public Transport Corporation); 3. Other expenses incurred after the consent of Party A; 4. Party B's lawyer shall reasonably use the working expenses based on the principle of thrift. Article 6 Termination of the Contract (1) Party A and Party B may modify or terminate the Contract through consultation. (2) Party A has the right to terminate the contract under any of the following circumstances: 1. Change the lawyer of Party A's perennial legal adviser without Party A's consent; 2. Party A suffers losses due to the delay, dereliction of duty or mistake of Party B's lawyer; 3. Violating one of the obligations stipulated in Item 5 to Item 8 of Article 2; (3) Under any of the following circumstances, Party B has the right to terminate the contract: 1. The matters entrusted by Party A violate the law or the lawyer's practice norms: Party A fabricates facts, falsifies evidence or conceals important information, which makes it impossible for Party B's lawyer to provide effective legal services; 3. Party A fails to pay the legal consultant fee or work fee to Party B within 30 days. Article 7 Liability for breach of contract 1. If Party B fails to provide the legal services stipulated in Article 1 or violates the obligations stipulated in Article 2 without justifiable reasons, Party A has the right to request Party B to refund part or all of the paid legal consultant fees. 2. If Party B's lawyer suffers losses due to work delay, dereliction of duty or mistakes, or violates one of the obligations specified in Article 2, paragraphs 5 to 8, Party B shall be liable for compensation to Party A. 3. If Party A fails to pay the legal consultant fee or work fee without justifiable reasons, or terminates the contract without justifiable reasons, Party B has the right to demand Party A to pay the unpaid legal consultant fee, work fee and deferred interest. Article 8 Dispute Resolution If there is any dispute between Party A and Party B, it shall be settled through friendly negotiation. If negotiation fails, either party has the right to bring a lawsuit to the People's Court of fancheng district, Xiangfan City. Article 9 The term of this contract is 1, and the term of this contract is one year, from 20 13 10 to 20 14 12 3 1. 2. Within one month before the expiration of the contract, Party A and Party B shall decide whether to renew the perennial legal consultant contract through consultation. After the expiration of this contract, if the legal adviser appointed by Party A continues to work or Party A continues to perform the obligations in Articles 4 and 5 of this contract, the legal service conditions agreed in this contract will remain valid. Article 10 The notices and all notices, documents and materials sent or provided by Party A and Party B to each other for the performance of this contract shall be sent by fax at the address listed in the text or cover of this contract. If one party moves or changes the telephone number, it shall notify the other party in writing in time. If it is sent by fax, it shall be deemed to have been delivered when the fax is sent; If it is mailed, it shall be deemed to have been delivered on the date of registration or mailing. Article 11 Supplementary Provisions 1. If Party A is not satisfied with the service quality of the lawyer appointed by Party B, it may apply for replacement; 2. Matters not covered in this contract can be supplemented by both parties through consultation; 3. This contract is made in triplicate, one for each party and one for lawyer Tang Qibin; 4. This contract shall come into effect after being signed by both parties. Party A: (Official Seal) Party B: (Official Seal) To sum up, as citizens and enterprises attach importance to legal issues, many social subjects will actively hire specialized lawyers or other legal workers as their own legal affairs to deal with sudden legal disputes that cannot be mediated by themselves, but because the legal profession is no different from other employees, they need to sign relevant contracts.
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